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45-21A-10.11
Section 45-21A-10.11 Reimbursement of civil fine; civil action against person operating vehicle.
Any person against whom an adjudication of liability for a civil violation is made pursuant
to this article, or an ordinance passed pursuant hereto, and who actually pays the civil fine
imposed thereby shall have a cause of action against any person who may be shown to have been
operating the vehicle recorded at the time of the violation for the amount of the civil fine
actually paid plus any consequential or compensatory damages and a reasonable attorney fee,
without regard to the rules regarding joint and several liability, contribution, or indemnity.
Provided, however, that as a condition precedent to the bringing of a civil action, that the
person held responsible for payment of the civil fine must first make written demand on the
other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment,
and if reimbursement is fully made within the 60-day period...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.11.htm - 1K - Match Info - Similar pages
45-24A-32.04
Section 45-24A-32.04 Notice of violation; penalties. (a) Prior to imposing a civil penalty
under this part, the city shall first mail via first class United States mail a notice of
violation to the owner of the motor vehicle which is recorded by the photographic traffic
signal enforcement system while committing a traffic signal violation. The notice shall be
sent not later than the 30th day after the date the traffic signal violation is recorded to:
(1) The owner's address as shown on the registration records of the Alabama Department of
Revenue. (2) If the vehicle is registered in another state or country, to the owner's address
as shown on the motor vehicle registration records of the department or agency of the other
state or country analogous to the Alabama Department of Revenue. (b) A notice of violation
issued under this part shall contain the following: (1) Description of the violation alleged.
(2) The date, time, and location of the violation. (3) A copy of recorded images of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.04.htm - 3K - Match Info - Similar pages
9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-94.htm - 7K - Match Info - Similar pages
45-37A-331.09
Section 45-37A-331.09 Late fees; record 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 part. 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
part 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 part 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 for a civil fine for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.09.htm - 1K - Match Info - Similar pages
13A-8-199
Section 13A-8-199 Civil action for violation of chapter. (a) In addition to any other remedies
provided by law, a victim who has suffered loss as a result of a criminal violation of this
article may bring an action in his or her county of residence or any county in which any part
of the crime took place, regardless of whether the defendant who committed the criminal violation
was ever actually present in that county, against the defendant to recover the following:
(1) Five thousand dollars ($5,000) for each incident, or three times the actual damages, whichever
is greater. (2) Reasonable attorney's fees and court costs. (b) The statute of limitations
for cases under this section shall be seven years from the earlier of the date of discovery
of the offense or the date when the offense reasonably should have been discovered. (Act 2001-312,
p. 399, §10; Act 2006-148, p. 218, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-199.htm - 1K - Match Info - Similar pages
45-24A-32.09
Section 45-24A-32.09 Late fees; effect of violation. The city may provide by ordinance that
late fees not exceeding twenty-five dollars ($25) per month for each month after the issuance
of the order imposing the civil penalty shall attach to untimely paid civil penalties that
are authorized in this part. No person may be arrested or incarcerated for nonpayment of a
civil penalty or late fee. No record of an adjudication of civil violation made under this
part 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 a civil violation
as provided for in this part 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. The fact that a person is held...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.09.htm - 1K - Match Info - Similar pages
45-37A-42.09
Section 45-37A-42.09 Late fees; record of civil violations. The city may provide by ordinance
that late fees not exceeding twenty-five dollars ($25) shall attach to untimely paid fines
that are authorized pursuant this part and imposed pursuant hereto. No person may be arrested
or incarcerated for nonpayment of a fine or late fee. No record of an adjudication of civil
violation made under this part 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 part 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, and shall not be considered a moving violation. The fact that a person
is held liable or responsible for a fine for a traffic signal violation, stop sign violation,
or speeding violation shall not be used as evidence that the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.09.htm - 1K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.02.htm - 3K - Match Info - Similar pages
45-41A-41.09
Section 45-41A-41.09 Late fees; record of civil violations. The city may provide by ordinance
that late fees not exceeding twenty-five dollars ($25) per month for each month after the
issuance of the order imposing the civil fine shall attach to untimely paid civil fines that
are authorized in this part. 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 part
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 part 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. The fact that a person is held liable or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.09.htm - 1K - Match Info - Similar pages
8-17-252
Section 8-17-252 Inspection where reasonable belief of violation; notification; citation; civil
action for relief. (a) Whenever the office or local issuing authority has reason to believe
that any person has engaged in, or is engaging in, or is about to engage in, any practice
or activity that is prohibited by this article, the office or issuing authority shall conduct
an inspection of the blasting operations and may order the permittee to monitor blast effects,
with seismographic readings, unless the same information is available to the office or issuing
authority as a result of a previous inspection. (b) When, on the basis of an inspection by
the office or issuing authority or seismic monitoring, it is determined by the office or issuing
authority that any person is in violation of any requirements of this article, and the violation
creates an imminent danger to the health, or safety of the public, or private property, the
local issuing authority shall immediately notify the office...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-17-252.htm - 3K - Match Info - Similar pages
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