45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de nova to the Circuit Court of Mobile County, in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) The person appealing, as a condition precedent to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality located in Mobile County, or the Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If...
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45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure. (a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this part, and to issue orders imposing the civil penalties and costs set out in this part. (b) A person who receives a notice of violation may contest the imposition of the civil penalty by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city shall notify the person of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall not be assessed if, after a hearing, the municipal court judge...
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45-37A-331.33
Section 45-37A-331.33 Automated photographic speeding enforcement system authorized. (a) The City of Midfield is empowered to utilize an automated photographic speeding enforcement system to detect and record speeding violations, to issue notices of civil violations by mail, and to prosecute civil violations for the recorded speeding violations which may occur within the corporate limits of the City of Midfield as provided in this subpart. A civil fine assessed under this subpart shall not exceed one hundred dollars ($100), and municipal court costs may be assessed in the same manner and in the same amounts prescribed for municipal criminal speeding violations prosecuted as a misdemeanor. An additional fee of ten dollars ($10) shall be added to the Midfield Municipal Court costs authorized to be collected in connection with notices issued under this subpart. Court costs collected pursuant to this subpart shall be distributed in the same manner as prescribed by law for the distribution...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.33.htm - 2K - Match Info - Similar pages
45-21A-10.01
Section 45-21A-10.01 Definitions. As used in this article, the following terms shall have the following meanings: (1) CITY. The City of Brantley, Alabama. (2) CIVIL FINE. The monetary amount assessed by the City of Brantley pursuant to this article for an adjudication of civil liability for a speeding violation, including municipal court costs associated with the infraction. (3) CIVIL VIOLATION. There is hereby created a non-criminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this article. The penalty for violation of a civil violation shall be the payment of a civil fine, the enforceability of which shall be accomplished through civil action. The prosecution of a civil violation created hereby shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-21A-10.04, and in no event shall an adjudication of liability for a civil violation be punishable by a criminal fine or imprisonment. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.01.htm - 3K - Match Info - Similar pages
45-41A-41.02
Section 45-41A-41.02 Definitions. As used in this part, the following terms shall have the following meanings: (1) CITY. The City of Opelika, Alabama. (2) CIVIL FINE. The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. (3) CIVIL VIOLATION. There is hereby created a noncriminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. The penalty for a civil violation shall be the payment of a civil fine, the enforceability of which shall be accomplished through civil action. The prosecution of a civil violation created hereby shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-41A-41.05, and in no event shall an adjudication of liability for a civil violation be punishable by a criminal fine or imprisonment. (4) OWNER. The owner of a motor...
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45-42-170.04
Section 45-42-170.04 Enforcement. (a) This subpart shall be enforced by the Limestone County Commission. (b) The Limestone County Commission may commence a civil action in the name of the Limestone County Commission in the Circuit Court of Limestone County, Alabama, to abate or enjoin any public nuisances declared by this subpart. In any action pursuant to this subsection, the Circuit Court of Limestone County, Alabama, is authorized to assess all costs of abating the public nuisance declared by this subpart, including attorney's fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. (Act 94-671, p. 1287, § 5.)...
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45-49-170.54
Section 45-49-170.54 Enforcement. (a) This subpart shall be enforced by the Mobile County Commission. (b) The Mobile County Commission may commence a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile County, Alabama, to abate or enjoin any public nuisances declared by this subpart. In any action pursuant to this subsection, the Circuit Court of Mobile County, Alabama, is authorized to assess all costs of abating the public nuisance declared by this subpart, including attorney's fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. (Act 94-216, p. 302, § 5.)...
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45-37A-100.07
Section 45-37A-100.07 Petition for judicial review. The circuit court hearing a petition for judicial review shall utilize the procedures applicable to proceedings in the Jefferson County District Court with all of the following qualifications: (1) The proceedings shall retain their civil nature with the circuit court applying the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit court to be responsible for payment of the fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs collected to be retained by the circuit court, which costs shall be calculated in the same manner as court costs for criminal appeals from the Jefferson County District Court, provided that, in the event the circuit court finds the person petitioning for judicial review to not be responsible, any fine or fee paid, related to that citation, shall be refunded by the city. (3) Regardless of the civil nature of the...
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45-37A-42.07
Section 45-37A-42.07 Petition for judicial review. The circuit court hearing a petition for judicial review shall utilize the procedures applicable to proceedings in the Jefferson County District Court with the following qualifications: (1) The proceedings shall retain their civil nature with the circuit court applying the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit court to be responsible for payment of the fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs collected to be retained by the circuit court, which costs shall be calculated in the same manner as court costs for criminal appeals from the Jefferson County District Court, provided that, in the event the circuit court finds the person petitioning for judicial review to not be responsible, any fine or fee paid, related to that citation, shall be refunded by the city. (3) Regardless of the civil nature of the proceedings,...
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9-17-32
Section 9-17-32 Penalty for violations of provisions of article, rules, etc.; penalty applicable to each prohibited transaction relating to illegal oil, gas, or product; penalty for aiding or abetting violations of provisions of article, rules, etc.; payment of fine not to abridge private causes of action for damages for violations of rules, etc. (a) Any person who knowingly and willfully violates any provision of this article, or any rule, regulation or order of the board made under this article shall, in the event a penalty for such violation is not otherwise provided for in this article, be subject to a fine not to exceed $10,000.00 a day for each and every day of such violation and for each and every act of violation, such fine to be recovered by a civil action in the circuit court of the county where the defendant resides, or in the county of the residence of any defendant if there is more than one defendant, or in the circuit court of the county where the violation took place....
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