(a)As used in this section, the following terms have the following meanings:
(1)MOTOR VEHICLE BURNOUT. The practice of intentionally keeping a motor vehicle stationary by using the brake pedal or parking brake of the vehicle, while simultaneously engaging the gas pedal to allow one set of wheels to spin. The practice may result in the vehicle tires being heated to a sufficient degree so as to cause smoke to appear.
(2)MOTOR VEHICLE DONUT. The intentional and unnecessary operation of a motor vehicle in a manner that causes the vehicle to move in a zigzag or circular course or to gyrate or spin around. The term does not include maneuvering the otherwise lawfully operated vehicle when necessary to avoid collision, injury, or damage.
(3)MOTOR VEHICLE EXHIBITION OF SPEED. The operation of o
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(a) As used in this section, the following terms have the following meanings:
(1) MOTOR VEHICLE BURNOUT. The practice of intentionally keeping a motor vehicle stationary by using the brake pedal or parking brake of the vehicle, while simultaneously engaging the gas pedal to allow one set of wheels to spin. The practice may result in the vehicle tires being heated to a sufficient degree so as to cause smoke to appear.
(2) MOTOR VEHICLE DONUT. The intentional and unnecessary operation of a motor vehicle in a manner that causes the vehicle to move in a zigzag or circular course or to gyrate or spin around. The term does not include maneuvering the otherwise lawfully operated vehicle when necessary to avoid collision, injury, or damage.
(3) MOTOR VEHICLE EXHIBITION OF SPEED. The operation of one or more vehicles from a starting point to an ending point, or over a common selected course, for the purpose of exhibiting the speed or power of the vehicle.
(4) MOTOR VEHICLE SPEED CONTEST. The operation of two or more vehicles at accelerated speeds from a starting point to an ending point in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from a starting point to an ending point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit. The term includes drag racing.
(5) MOTOR VEHICLE SIDESHOW. An event in which one or more persons perform motor vehicle stunts, including burnouts, donuts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators.
(6) OFF STREET PARKING FACILITY. Any public or private lot, building, or space used for the parking of motor vehicles, regardless of whether charges are made for the use thereof.
(7) TRAFFIC ENFORCEMENT OFFICER. Any parking enforcement officer or traffic enforcement officer, as designated by the applicable local governing body, who is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission, and any law enforcement officer.
(b)
(1)
A person shall not engage in,
aid or abet the furtherance of,
or give consent for his or her vehicle to be used in,
any of the following on a public road or highway, off street parking facility, or any other parcel of public or private property, without the consent of the owner of that property.
a.
A motor vehicle speed contest.
b.
A motor vehicle exhibition of speed.
c.
A motor vehicle sideshow.
d.
A motor vehicle burnout, motor vehicle donut, or other reckless driving maneuver.
(2) A person shall be deemed to give consent for his or her vehicle to be used in violation of this subsection if the person knew, or should have reasonably known based on the totality of the circumstances, that the person’s vehicle would be used to commit a violation of this subsection.
(c) A person convicted of violating subsection (b), for a first violation, shall be guilty of a Class C misdemeanor, and for a second or subsequent violation shall be guilty of a Class B misdemeanor. In addition, the court may prohibit the person from driving a motor vehicle on the public highways of this state for a period not exceeding six months.
(d)(1) If a person operating a motor vehicle in violation of subsection (b) proximately causes bodily injury to another individual, or the offense proximately causes damage to any property, the person shall be guilty of a Class A misdemeanor. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for a period of six months.
(2) If a person commits a violation of subsection (b) and the commission of the offense proximately causes serious physical injury to a person other than the driver, the person shall be guilty of a Class C felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for a period of two years.
(3) If a person commits a violation of subsection (b) and the commission of the offense proximately causes death to any person, the person shall be guilty of a Class B felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for not less than two years.
(e) Any contracts in place between an arresting municipality and the county for the actual housing costs of individuals housed in the county jail shall apply to an arrest made by a municipal police officer resulting in misdemeanor charges under this section. If no contract is in place, the arresting municipality shall reimburse the county for the actual housing costs of the incarceration of the individuals held on misdemeanor charges.
(f)(1)
If a motor vehicle is observed by a traffic enforcement officer or recorded on an automated photographic or video traffic enforcement system to be in violation of this section, a traffic enforcement officer
may cause the vehicle to be towed and impounded at the registered owner’s expense for not less than 48 hours. The
traffic
enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle for a minimum of 48 hours.
The minimum impoundment period may be extended by order of the court.
Thereafter, the registered owner or authorized agent of the registered owner may claim the vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The vehicle shall then be released to the registered owner or an agent of the owner. Any towing service or towing company removing the vehicle at the direction of the traffic enforcement officer in accordance with this section shall have a lien on the motor vehicle for all reasonable and customary fees relating to the towing and storage of the motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 30 days prior to any sale or other proceedings. An owner of a motor vehicle seized or impounded under this subdivision may contest the propriety of the seizure, continued impoundment, and associated fines or fees in accordance with the procedures of Section 20-2-93(1) or Rule 3.13(a) of the Alabama Rules of Criminal Procedure.
(2) If a person has been convicted of three or more violations of this section, the motor vehicle operated by the person in the commission of the offense shall be seized and forfeited pursuant to the procedures of Section 20-2-93.
(g) If a person’s privilege to operate a motor vehicle is suspended or restricted by a court pursuant to this section, the court shall notify the Alabama State Law Enforcement Agency and the license of the person shall be suspended or restricted for the period by the Secretary of the Alabama State Law Enforcement Agency pursuant to Section 32-5A-195.
(h) Nothing in this section applies to private motor speedways or other areas of private land where racing or stunt driving activities are authorized to be performed by the owner and operator thereof
.
(i) Any local governing body may use an automated photographic or video traffic enforcement system to assist in the detection and recording of a violation of this section. Nothing in this subsection shall authorize the use of an automated traffic enforcement system for purposes of detecting red light or speed violations
.