Tulley v. City of Jacksonville

I respectfully dissent from the majority’s decision to overrule Tulley’s application for rehearing and to affirm the judgment of the circuit court. Specifically, I disagree with the main opinion’s conclusion that an applicable punishment provision exists.

I

The main opinion states that “Tulley was charged with violating City of Jacksonville Ordinance No. 0-514-10, which adopts § 13A-11-52, Ala.Code 1975,” 199 So.3d at 782 n. 1, and that “subsection (c) of Ordinance No. 0-514-10 declares that the conduct proscribed by § 13A-11-52, Ala.Code 1975, is an offense against the City, and subsection (d)…