|
45-37A-42.05
Section 45-37A-42.05 Administrative hearings; contesting liability; fines and costs; affirmative
defenses. (a) An Administrative Hearing Officer appointed by the Mayor of the city is vested
with the power and jurisdiction to conduct administrative hearings of civil violations provided
for in this part. (b) A person who receives a notice of violation may contest the imposition
of the fine by submitting a request for an administrative hearing 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 or its designee shall notify the person of the
date and time of the administrative hearing by U.S. mail. (c) Failure to pay a fine or to
contest liability in a timely manner is an admission of liability in the full amount of the
fine assessed in the notice of violation. (d) Any fine imposed pursuant to this part shall
not be collected if, after a hearing, the Administrative Hearing Officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.05.htm - 7K - Match Info - Similar pages
45-37A-42.02
Section 45-37A-42.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Bessemer, Alabama. (2) CIVIL VIOLATION. A violation
of the provisions of the ordinance authorized by this part, the penalty for which violation
shall be the payment of a fine, the enforcement of which will not be otherwise permissible.
(3) FINE. The monetary amount assessed by the City of Bessemer pursuant to the ordinance authorized
by this part for a determination of civil liability for a traffic signal violation, stop sign
violation, or speeding violation, which may include administrative hearing costs associated
with the infraction. (4) OWNER. The owner or owner of record of a motor vehicle as shown on
the motor vehicle registration and title records of the Alabama Department of Revenue or the
analogous department or agency of another state or nation. The term shall not include motor
vehicles displaying dealer license plates, in which event owner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.02.htm - 5K - Match Info - Similar pages
16-27A-4
Section 16-27A-4 Notice of violation; destruction of images and information. (a) After review
of the violation by a law enforcement officer or trained technician, the governing body or
contractor shall send the owner of a vehicle that has been detected by the device as being
involved in a school bus violation a notice of violation by U. S. mail. A notice of violation
shall be mailed no later than 14 days after being reviewed by law enforcement. In the event
there is more than one owner, the notice may be issued to the first person listed on the title
or other evidence of ownership, or jointly to all listed owners. (b) The notice of violation
shall include at a minimum each of the following items of information: (1) The name and address
of the person alleged to be liable as the owner of the motor vehicle involved in the violation.
(2) The license tag number of the vehicle. (3) The violation charged. (4) The date, time,
and location where the violation occurred. (5) The photographic...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-27A-4.htm - 3K - Match Info - Similar pages
45-37A-100.13
Section 45-37A-100.13 Criminal violations. No fine may be imposed and no adjudication of liability
for a civil violation may be made under this article if the operator of the vehicle was arrested
or was issued a citation and notice to appear by a sworn police officer for a criminal violation
of any portion of Article 2, commencing with Section 32-5A-30, Chapter 5A, Title 32, including,
but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance
which embraces and incorporates the statutes contained in that article, and which occurred
simultaneously with and under the same set of circumstances that were recorded by the photographic
traffic signal enforcement system, the photographic stop sign enforcement system, or the photographic
vehicle speed enforcement system. (Act 2013-228, p. 546, §14.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.13.htm - 1K - Match Info - Similar pages
45-37A-331.05
Section 45-37A-331.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (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 fines and costs set out in this part. (b) A person who receives a notice
of violation may contest the imposition of the civil fine 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 by United States mail,
return receipt requested. (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 fine assessed in
the notice of violation. (d) The civil fine shall not be assessed if,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.05.htm - 6K - Match Info - Similar pages
45-37A-42.13
Section 45-37A-42.13 Criminal violations. No fine may be imposed and no adjudication of liability
for a civil violation may be made under this part if the operator of the vehicle was arrested
or was issued a citation and notice to appear by a sworn police officer for a criminal violation
of any portion of Article 2, Chapter 5A, Title 32, including, but not limited to, Sections
32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance which embraces and incorporates
the statutes contained in that article, and which occurred simultaneously with and under the
same set of circumstances that were recorded by the photographic traffic signal enforcement
system, the photographic stop sign enforcement system, or the photographic vehicle speed enforcement
system. (Act 2016-323, §14.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.13.htm - 1K - Match Info - Similar pages
45-21A-10.10
Section 45-21A-10.10 Violations of state statutes. No civil penalty may be imposed and no adjudication
of liability for a civil violation may be made under this article if the operator of the vehicle
was arrested or was issued a citation and notice to appear by a sworn police officer for a
criminal violation of any portion of Title 32, Chapter 5A, Article 8, including, but not limited
to, Sections 32-5A-170 to 32-5A-178, inclusive, or any other municipal ordinance which embraces
and incorporates the statutes contained in that article, and which occurred simultaneously
with and under the same set of circumstances which were recorded by the automated photographic
speeding enforcement system. (Act 2015-20, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.10.htm - 1K - Match Info - Similar pages
45-37A-331.41
Section 45-37A-331.41 Violations of state statutes. No civil penalty may be imposed and no
adjudication of liability for a civil violation may be made under this subpart if the operator
of the vehicle was arrested or was issued a citation and notice to appear by a sworn police
officer for a criminal violation of any portion of Title 32, Chapter 5A, Article 8, including,
but not limited to, Sections 32-5A-170 to 32-5A-178, inclusive, or any other municipal ordinance
which embraces and incorporates the statutes contained in that article, and which occurred
simultaneously with and under the same set of circumstances which were recorded by the automated
photographic speeding enforcement system. (Act 2014-426, p. 1563, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.41.htm - 1K - Match Info - Similar pages
45-21A-10.08
Section 45-21A-10.08 Fees; records of adjudication of civil violations. The city may provide
by ordinance that a late fee not exceeding twenty-five dollars ($25) shall attach to untimely
paid civil fines that are authorized in this article. No person may be arrested or incarcerated
for nonpayment of a civil fine or late fee. No record of an adjudication of civil violation
made under this article shall be listed, entered, or reported on any criminal record or driving
record, whether the record is maintained by the city or an outside agency. An adjudication
of civil violation provided for in this article shall not be considered a conviction for any
purpose, shall not be used to increase or enhance punishment for any subsequent offense of
a criminal nature, shall not be considered a moving violation, and shall not be used by any
insurance company to determine or affect premiums or rates unless an accident occurred due
to the violation. The fact that a person is held liable or responsible...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.08.htm - 1K - Match Info - Similar pages
45-37A-331.38
Section 45-37A-331.38 Identity of owner or vehicle. In the event the evidence produced by an
automated photographic speeding enforcement system does not produce an image of the license
plate with sufficient clarity for a trained technician to determine the identity of the owner,
and if the identity cannot otherwise be reliably established, then no notice of violation
may be issued pursuant to this subpart. If, however, a notice of violation is issued, to the
degree constitutionally allowed, those issues related to the identity of the vehicle or its
owner shall affect the weight to be accorded the evidence and shall not affect its admissibility.
(Act 2014-426, p. 1563, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.38.htm - 993 bytes - Match Info - Similar pages
|