12-Month Limitation on Municipal Ordinance Prosecutions
Under Code of Ala. §15-3-2, prosecutions for misdemeanor violations of municipal ordinances must be commenced within twelve (12) months after the offense occurred. Parking violations are misdemeanor-equivalent municipal violations. If a city attempts to collect on a parking citation more than 12 months after issuance — or refers an old citation to court more than 12 months after the offense — the prosecution is time-barred. Cities sometimes rediscover dormant citations during license renewal holds; the 12-month bar still applies to the underlying prosecution even if collection efforts continue.
Legal basis
Code of Ala. §15-3-2 (limitations for misdemeanors); Code of Ala. §11-45-9 (municipal ordinance enforcement); Ala. R. Crim. P. Rule 2.4
Sample appeal wording
TO: [CITY] Municipal Court Clerk RE: Citation [CITATION_NUMBER] MOTION TO DISMISS — STATUTE OF LIMITATIONS The above-referenced parking citation was issued on [ORIGINAL_DATE]. The City did not commence prosecution (file the case in this Court) until [PROSECUTION_DATE]. More than twelve (12) months elapsed. Under Code of Ala. §15-3-2, prosecution of a misdemeanor — including municipal ordinance violations — must be commenced within 12 months of the offense. Failure to do so deprives this Court of jurisdiction. I respectfully move that the citation be dismissed with prejudice and any associated holds (driver's license, vehicle registration) be released. [NAME, ADDRESS, SIGNATURE, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Alabama §15-3-2
- Code of Alabama §11-45-9
- Alabama Rules of Criminal Procedure