Code of Alabama

Ala. Code § 11-45-9 (2026)

Penalties Which May Be Imposed for Violations of Ordinances.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) Municipal ordinances may provide penalties of fines, imprisonment, hard labor, or one or more of such penalties for violation of ordinances.

(b) Except as otherwise provided in this section, no fine shall exceed five hundred dollars ($500), and no sentence of imprisonment or hard labor shall exceed six months.

(c) In the enforcement of the penalties prescribed in Section 32-5A-191, the fine shall not exceed five thousand dollars ($5,000) and the sentence of imprisonment or hard labor shall not exceed one year.

(d) Notwithstanding any other provision of law, the maximum fine for every person either convicted for violating any of the following misdemeanor offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be one thousand dollars ($1,000):

(1) Criminal mischief in the second degree, Section 13A-7-22.

(2) Criminal mischief in the third degree, Section 13A-7-23.

(3) Theft of property in the third degree, Section 13A-8-5.

(4) Theft of lost property in the third degree, Section 13A-8-9.

(5) Theft of services in the third degree, Section 13A-8-10.3.

(6) Receiving stolen property in the third degree, Section 13A-8-19.

(7) Tampering with availability of gas, electricity, or water, Section 13A-8-23.

(8) Possession of traffic sign; notification; destruction, defacement, etc., of traffic sign or traffic control device; defacement of public building or property, Section 13A-8-71 and Section 13A-8-72.

(9) Offenses against intellectual property, Section 13A-8-102.

(10) Theft by fraudulent leasing or rental, Section 13A-8-140 through Section 13A-8-144.

(11) Charitable fraud in the third degree, Section 13A-9-75.

(12) Illegal possession of food stamps in the third degree, Section 13A-9-91.

(e) The penalty imposed upon a corporation shall consist of the fine only, plus costs of court.

(f) In the enforcement of a Class A misdemeanor, including a domestic violence offense, the fine may not exceed five thousand dollars ($5,000) and the sentence of imprisonment may not exceed one year.

(Acts 1975, No. 1205, p. 2384, §8-104; Acts 1983, No. 83-620, p. 959, §1; Act 2011-680, p. 2004, §1; Act 2015-493, §5.)

Notes of Decisions

Cited in 4 cases, 2000–2015 · leading case: Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014).

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Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014). · cites it 9× “1983),] as follows: ‘“Penalties which may be imposed for violations of municipal ordinances are set out in Alabama Code § 11-45-9 (1975). Section ll-45-9(b) specifically provides: “Nó fine shall exceed $500.”

Ex Parte Holbert, 4 So. 3d 410 (Ala. 2008). · cites it 2× “Section 11-45-9(b), Ala. Code 1975, governs the fines and sentences that may be imposed for the municipal offense of DUI.”

Tulley v. City of Jacksonville, 199 So. 3d 812 (Ala. 2015). · cites it 2× “Moreover, subsection (d) of the ordinance is consistent with the version of § 11-45-9, Ala.Code 1975, that was in effect at the time of Tulley’s offense; that Code section provided, in relevant part: “ ‘(a) Municipal ordinances may provide penalties of fines, imprisonment, hard…”

Gibson v. City of Alexander City, 779 So. 2d 1153 (Ala. 2000). “" Section 11-45-9, Ala.Code 1975, allows municipalities to impose penalties upon persons who violate municipal ordinances: "(a) Municipal ordinances may provide penalties of fines, imprisonment, hard labor or one or more of such penalties for violation of ordinances.”

— Ala. Code § 11-45-9(b) — 2 cases

Ex Parte Holbert, 4 So. 3d 410 (Ala. 2008). “Section 11-45-9(b), Ala. Code 1975, governs the fines and sentences that may be imposed for the municipal offense of DUI.”

Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014). “1983),] as follows: ‘“Penalties which may be imposed for violations of municipal ordinances are set out in Alabama Code § 11-45-9 (1975). Section ll-45-9(b) specifically provides: “Nó fine shall exceed $500.”

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