ORDINANCE NO.

1055 AN ORDINANCE TO ESTABLISH A DRUG TASK FUND WITHIN THE CITY OF TARRANT, ALABAMA TO ASSIST THE CITY POLICE DEPARTMENT IN ITS EFFORTS TO REDUCE DRUG RELATED CRIMES WHEREAS, the Mayor and the City Council of the City of Tarrant recognize that, along Alabama State Highway 79, there is an increase in drug related criminal activity of all types, including, but not limited to, the unlawful possession of marijuana in the second degree and the use of or possession with intent to use drug paraphernalia; WHEREAS, law enforcement in the City of Tarrant is vigilant in the ongoing investigation, arrest and conviction of persons violating the criminal laws of the State of Alabama as codified by State Code and the laws of the City of Tarrant, Alabama and; WHEREAS, to assist the City Police Department in its effort against all crime, and specifically, against the unlawful possession of marijuana in the second degree as set out in 13A-12-214, Code of Alabama, and the use or possession of drug paraphernalia with the intent to use as set out in 13A-12-260(c), Code of Alabama, both made criminal offenses by Municipal Ordinance, the Mayor and Council recognize the need for additional funds to be made available to City law enforcement; WHEREAS, the City Council desires to create a Drug Task Fund to support the Citys law enforcement efforts; and WHEREAS, the City Council of the City of Tarrant, Alabama, finds that the provisions of this Ordinance are necessary to prevent injury or annoyances, including, but not limited to, the increased incidence of drug abuse and the increased incidence of drugrelated crime within the City; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TARRANT AS FOLLOWS: Section 1. Upon a person being convicted of or pleading guilty to an offense pursuant to 13A-12-214, Code of Alabama and/or 13A-12-260(c), Code of Alabama, whether or not charged as an offense under state law or as a violation of a municipal ordinance, the Municipal Court Judge or any judge handling a lawful appeal from the Tarrant Municipal Court shall in the judges sole discretion assess a sum of money, not less than $50.00 nor more than $200.00 for each case, which shall be included as a part of the fine assessed by the judge but separately designated as a Drug Task Fund Assessment.The Drug Task Fund Assessment together with the remainder of the prescribed fine must be in a total amount that will not exceed the amount allowed by law for a fine for the offense charged. Section 2. There is hereby created a new fund to be called the Drug Task Fund. All monies designated and collected as a Drug Task Fund Assessment shall be deposited into the Drug Task Fund. The money collected and placed into the Drug Task Fund shall be used for City law enforcement purposes only in accordance with the Citys established purchasing procedures or as otherwise provided by law. Section 3. The adoption of this Ordinance shall not in any manner affect any prosecution of any act illegally done contrary to the provisions of any Ordinance now or heretofore in existence, and every such prosecution, whether begun before or after the enactment of this Ordinance shall be governed by the law under which the offense was committed; nor shall a prosecution, or the right to prosecute, for the recovery of any penalty or the enforcement of any forfeiture or lien by in any manner affected by the adoption of this Ordinance; now shall any civil action or cause action existing prior to or at the time of the adoption of this Ordinance be affected in any manner by its adoption.

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Section 4. This Ordinance shall become effective upon its adoption as provided by law, but no assessment shall be made as a Drug Task Fund Assessment until on or after June 15, 2013. Section 5. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraph and sections, since the same would have been enacted by the City Council without the incorporation of any such unconstitutional phrases, clause, sentence, paragraph or section. ADOPTED AND APPROVED THIS THE 3RD DAY OF JUNE, 2013.

___________________________ LOXCIL B. TUCK, MAYOR ATTEST:

______________________________ Lillian A. Keith, City Clerk

CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) JEFFERSON COUNTY ) I, Lillian A. Keith, City Clerk of the City of Tarrant, Alabama, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance duly adopted by the City Council of the City of Tarrant, Alabama, on the 3rd day of June, 2013. The above and foregoing ordinance was published on the 3rd day of June 2013, by posting copies thereof in three public places within the City of Tarrant, one of which was the post office or the Mayors Office in the City of Tarrant. Witness my hand and seal of office this 4th day of June, 2013.

___________________________ Lillian A. Keith, City Clerk

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