HB 190

This bill would provide that a person who parks, causes to be parked, or knowingly permits a motor vehicle which he or she owns to be parked on any street or any property under the control of the Department of Conservation and Natural Resources, in violation of a rule of the department, is subject to a fine

This bill would create a presumption that the registrant of a motor vehicle that is illegally parked committed the parking violation

This bill would establish a civil fine for a violation

Relating to the Department of Conservation and Natural Resources; to add Section 9-2-30 to the Code of Alabama 1975, to provide that a person who parks a motor vehicle in violation of a rule of the department is subject to a civil fine; to create a presumption that the registrant of a motor vehicle that is illegally parked committed the violation; and to establish a civil fine for a violation.

Section 1

Section 9-2-30 is added to the Code of Alabama 1975, to read as follows: §9-2-30. (a) As used in this section, the term registrant means a motor vehicle owner or operator who is issued a registration for the motor vehicle. (b)(1) No person may park, cause to be parked, or knowingly permit a motor vehicle which he or she owns to be parked on any street or any property under the control of the Department of Conservation and Natural Resources in violation of a rule of the department. (2) A motor vehicle that is parked in a manner to avoid paying an admission or use fee to an area or facility controlled by the department shall be deemed to be in violation of this section. (c) The presence of an unattended motor vehicle on the street or property of the department in violation of a department rule shall create a prima facie presumption that the registrant of the motor vehicle committed or authorized the parking violation, and the burden of proof shall be upon the registrant to show otherwise. (d)(1) The registrant of a motor vehicle parked in violation of this section shall be subject to a civil fine to be set by the department. The fine shall be not less than one hundred dollars ($100) and not more than five hundred dollars ($500). (2) Fines collected pursuant to this section shall be deposited into the State Treasury to the credit of a fund of the department. The department, by rule, shall specify into which fund the fine shall be deposited. Amounts deposited into a fund of the department shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12. (e) In addition to the fine provided in subsection (c), a motor vehicle parked on a street or property controlled by the department may be removed as provided in Section 32-13-2.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.