AGO 1996-127.

Case Date:February 08, 1996
Alabama Attorney General Opinions 1996. AGO 1996-127. 1996-127February 8, 1996Honorable John Hollis Jackson, Jr. City Judge, City of Clanton P. O. Box 580 Clanton, AL 35046 Municipalities - Fines - Refunds - Violations - Municipal Courts City may not refund fines and costs paid for unauthorized parking in fire lanes and handicapped spaces.Dear Judge Jackson: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION May the City of Clanton legally refund the amounts previously paid for the handicapped parking space and fire lane violations and, if so, who is authorized to direct the refund to be made? FACTS AND ANALYSIS Your request presents the following facts: The Clanton Police Department, for the past several months, has been writing tickets for violations of handicapped parking spaces and fire lane spaces in the City of Clanton, in violation of the State's Code. These tickets are returnable to the Clanton Municipal Court and are processed by the Magistrate of that Court. The total standard fine and costs for the tickets has been $65.00. Complaints about that amount have led the City Council to consider adopting a new ordinance for such violations setting the total fine and costs at $25.00. However, the Council first wishes to consider refunding the $65.00...

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