This text of Alabama § 9-2-3.1 (Parking Violations on Property Under Control Control of Department) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)For the purposes of this section, the following terms shall have the following meanings:
(1)DEPARTMENT. The Department of Conservation and Natural Resources.
(2)PROPERTY UNDER THE CONTROL OF THE DEPARTMENT. Property, and any roads or streets on the property, including but not limited to, state parks property; boating access areas, including associated parking lots; wildlife management areas; public fish lake property; and any property controlled, owned, leased, or managed by the department or any of its divisions or the Forever Wild Land Trust.
(b)(1) A person may not park, cause to be parked, or permit a motor vehicle to be parked on any property under the control of the department in violation of a rule adopted by the department.
(2)The presence of an unattended motor vehicle on p
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(a) For the purposes of this section, the following terms shall have the following meanings:
(1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) PROPERTY UNDER THE CONTROL OF THE DEPARTMENT. Property, and any roads or streets on the property, including but not limited to, state parks property; boating access areas, including associated parking lots; wildlife management areas; public fish lake property; and any property controlled, owned, leased, or managed by the department or any of its divisions or the Forever Wild Land Trust.
(b)(1) A person may not park, cause to be parked, or permit a motor vehicle to be parked on any property under the control of the department in violation of a rule adopted by the department.
(2) The presence of an unattended motor vehicle on property under control of the department in violation of a rule of the department shall create a prima facie presumption that the registrant of the motor vehicle committed or authorized the parking violation.
(c)(1) A person in violation of subsection (b) shall be issued a Uniform Traffic Ticket and Complaint (UTTC) by a special officer appointed by the department for the enforcement of this section as provided in Section 32-5-310. Notwithstanding Section 32-5-310, or any other provision of law, a special officer of the department is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission. A copy of the UTTC shall be left on the motor vehicle and mailed, by regular mail, to the registered owner of the motor vehicle.
(2) District courts shall have exclusive jurisdiction of violations of this section.
(d)(1) Except as provided in subdivision (2), a fine for a violation under this section shall be fifty dollars ($50).
(2) A fine for a violation of subsection (a) in a handicapped parking space shall be two hundred fifty dollars ($250).
(3) No court costs shall be assessed for a violation under this section.
(4) Fifty percent of the fines collected under this subsection shall be deposited into the Department of Conservation Administrative Fund to be used by the department. Fifty percent of the fines collected shall be deposited into the Clerk’s Judicial Administration Fund.
(e) A motor vehicle parked on property controlled by the department in violation of this section may be removed as provided in Section 32-13-2.
(f) A UTTC issued pursuant to this section shall be subject to all procedures and provisions of Rule 19 of the Alabama Rules of Judicial Administration, as adopted by the Alabama Supreme Court, unless expressly provided otherwise in this section.
(g) The court may suspend the driver’s license of a person who fails to pay a fine pursuant to this section as provided in Rule 26.11 of the Alabama Rules of Criminal Procedure.
(h) The department shall adopt rules for the implementation and administration of this section.