Section 6-5-146 – Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction.
Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary injunction. (a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing […]
Section 6-5-155.7 – Civil Penalty.
Section 6-5-155.7 Civil penalty. In any action brought under this division, the complainants may request, and the court at its discretion may order a civil penalty of up to one thousand dollars ($1,000) for each day the nuisance exists, with the penalty payable to the general fund of the municipality in which the nuisance was […]
Section 6-5-147 – Closing Place Pending Final Decision – Order.
Section 6-5-147 Closing place pending final decision – Order. (a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days’ notice of the hearing, then, unless such person shall show to the satisfaction of the court […]
Section 6-5-155.8 – Protection of Witnesses.
Section 6-5-155.8 Protection of witnesses. If proof of the existence of the drug-related nuisance depends, in whole or in part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person using the property alleged to be […]
Section 6-5-149 – Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment.
Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment. (a) The action, when commenced, shall have precedence over all other cases except injunctions. (b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws […]
Section 6-5-155.9 – Previous Conviction Not Required.
Section 6-5-155.9 Previous conviction not required. A previous conviction of the defendant, or anyone, shall not be required to demonstrate a drug-related nuisance. (Acts 1996, No. 96-566, p. 849, §10.)
Section 6-5-148 – Closing Place Pending Final Decision – Release of Property on Bond.
Section 6-5-148 Closing place pending final decision – Release of property on bond. The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, […]
Section 6-5-156 – Security Bond.
Section 6-5-156 Security bond. No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. Otherwise, at the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary […]
Section 6-5-150 – Grant and Effect of Permanent Injunction.
Section 6-5-150 Grant and effect of permanent injunction. If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on […]
Section 6-5-156.1 – Evidence of General Reputation of Property.
Section 6-5-156.1 Evidence of general reputation of property. In an action brought under this division, evidence of the general reputation of the property of the defendant shall be admissible for the purpose of proving a drug-related nuisance, and for the purpose of proving the knowledge of the defendant of the drug-related nuisance. (Acts 1996, No. […]