Ex parte Maxwell

In Ex parte Maxwell, 439 So. 2d 715 (Ala. 1983), a case arising out of an alleged violation of a Mobile city ordinance, the Court stated: "It is well established that in a criminal prosecution for violation of a city ordinance the city must plead and prove the ordinance. Cooper v. Town of Valley Head, 212 Ala. 125, 101 So. 874 (1924); Jacobs v. City of Prichard, 46 Ala. App. 497, 243 So. 2d 769 (1971); Thompson v. City of Sylacauga, 30 Ala. App. 72, 200 So. 795 (1941). And it has been held [that] when the city does not introduce the ordinance into evidence, it has failed to make out its case against the defendant and the trial court has erred in pronouncing the judgment of conviction. Jacobs v. City of Prichard, supra; Felder v. City of Huntsville, 42 Ala. App. 488, 168 So. 2d 490 (1964); Thompson v. City of Sylacauga, supra." (439 So. 2d at 716.)