45-37A-331.12
Section 45-37A-331.12 Criminal violations. No civil penalty 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, 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 which
were recorded by the photographic traffic signal enforcement system. (Act 2011-569, p. 1153,
§13.)...
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45-41A-41.12
Section 45-41A-41.12 Criminal violations. No civil penalty 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, 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 which
were recorded by the photographic traffic signal enforcement system. (Act 2011-524, p. 843,
§13.)...
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45-49-101.07
Section 45-49-101.07 Contesting notice of violation; procedures. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this part if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this part, in accordance with the procedure
set out in this part and on the notice of violation, may contest the notice of violation by
obtaining a hearing in the court. (b) District and municipal courts of Mobile County are hereby
vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this part as a civil offense whenever the offense is alleged to have occurred within the
geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued pursuant...
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37-4-87
Section 37-4-87 Penalties. (a) Any person who violates any provision of this article or of
any regulation issued hereunder shall be subject to a civil penalty not to exceed two hundred
thousand dollars ($200,000) for each violation for each day that the violation persists. However,
the maximum civil penalty shall not exceed two million dollars ($2,000,000) for any related
series of violations. (b) Any civil penalty may be compromised by the commission. In determining
the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of
the penalty to the size of the business of the person charged, the gravity of the violation,
and the good faith of the person charged in attempting to achieve compliance, after notification
of a violation, shall be considered. The amount of the penalty, when finally determined, or
the amount agreed upon in compromise, may be deducted from any sums owing by the State of
Alabama to the person charged, or may be recovered in a civil...
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45-37A-100.02
Section 45-37A-100.02 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CITY. The City of Center Point, Alabama. (2) CIVIL VIOLATION.
A violation of the ordinance authorized by this article, 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 Center Point pursuant to the ordinance authorized
by this article 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 of a motor vehicle as shown on the motor vehicle
registration 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 shall mean the person to whom the...
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8-22-16
Section 8-22-16 Penalties. (a) Any person who violates this chapter shall be subject to a civil
penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such
person shall also be liable for attorney fees and shall be subject to injunctive relief. Each
day that a violation of this chapter occurs shall be considered as a separate violation. (b)
The penalty may be assessed and recovered in a civil action brought by the Attorney General,
or by any district attorney in any court of competent jurisdiction. If brought by a district
attorney, 30 percent of the penalty shall be paid to the office of the district attorney which
brought the action and 70 percent of the penalty shall be paid to the treasury of the county
in which the judgment was entered. If brought by the Attorney General, one-half of the penalty
shall be paid to the treasury of the county where the action was brought and one-half shall
be paid to the State Treasury. (Acts 1984, No. 84-260, p. 433,...
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37-15-10
Section 37-15-10 Penalties. (a) Any person who violates this chapter, or the rules adopted
under this chapter, shall be subject to a civil penalty as follows: (1) For a first violation,
the violator shall complete a course of training concerning compliance with this chapter or
pay a civil penalty in an amount not to exceed five hundred dollars ($500) per incident, or
both. (2) For a second or subsequent violation within a 12-month period, the violator shall
complete a course of training concerning compliance with this chapter or pay a civil penalty
in an amount not to exceed one thousand dollars ($1000) per incident, or both. (3) For a third
or subsequent violation within a 12-month period, the violator shall complete a course of
training concerning compliance with this chapter and pay a civil penalty in an amount not
to exceed three thousand dollars ($3,000) per incident. (4) Notwithstanding this subsection,
if any violation was the result of gross negligence or willful noncompliance,...
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37-4-96
Section 37-4-96 Penalties. (a) Any person who violates any provision of this article or any
regulation issued hereunder shall be subject to a civil penalty not to exceed two hundred
thousand dollars ($200,000) for each violation for each day that the violation persists. However,
the maximum civil penalty shall not exceed two million dollars ($2,000,000) for any related
series of violations. (b) In determining the amount of the penalty, the appropriateness of
the penalty to the size of the business of the person charged, the gravity of the violation,
and the good faith of the person charged in attempting to achieve compliance, after notification
of a violation, shall be considered. The amount of the penalty, when finally determined, or
the amount agreed upon in compromise, may be deducted from any sums owing by the State of
Alabama to the person charged, or may be recovered in a civil action brought by the commission
in the circuit court of any county in which a violation exists. (Acts...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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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...
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