(a) The operation of an unlicensed junkyard that is required to be licensed pursuant to this section constitutes a public nuisance.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 45-44-170.05

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b) The Macon County Commission shall adopt regulations and requirements for issuing licenses for the operation of junkyards within the limits defined in this article and may revoke the licenses at any time the junkyard fails to conform to the requirements of this article, and shall charge a license fee of not more than five hundred dollars ($500) and not less than one hundred dollars ($100) payable each fiscal year. All licenses issued under this article shall expire on September 30th following the date of issuance. Licenses shall be renewed from year to year upon payment of the fee. Proceeds from the fees shall be deposited in the general fund of the county.
(c) The Macon County Compliance Officer may commence a court action in the name of the Macon County Commission in the District Court of Macon County, Alabama, to abate or enjoin any public nuisances declared by this article. A civil fine of two hundred fifty dollars ($250) shall be assessed for the first violation.
(d) For each and every subsequent violation or failure to obtain a license, the civil fine shall be assessed at the rate of five hundred dollars ($500) per violation. The failure to obtain licensing shall be considered a separate and independent violation. In any action pursuant to this subsection, the District Court of Macon County, Alabama, may assess all costs of abating the public nuisance declared by this article including reasonable attorney’s fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance.
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