Cox v. City of Atmore

LONG, Judge.

The appellant, Wade Cox, was convicted of two counts of failing to purchase a business license to operate a salvage company, as proscribed by Ordinance 285-A/275, City of Atmore Code of Ordinances. The appellant contends, and the City concedes, that the City failed to introduce and prove the ordinance upon which the underlying charges were based, and that the City therefore, failed to establish a prima facie case. “ ‘[I]n a criminal prosecution for violation of a city ordinance the city must plead and prove the ordinance.’ [Ex parte ] Maxwell, 439 So.2d [715] at 716 [ (Ala.1983)…