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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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45-41A-41.05
Section 45-41A-41.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The Opelika 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 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. (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
and court costs shall not be assessed if, after a hearing, the Opelika...
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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,...
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16-27A-8
Section 16-27A-8 Appeals. Persons who contest a notice of violation and are adjudicated by
the court to be responsible for the civil fine may appeal the adjudication for a trial de
novo to the circuit court of the 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 must, as a condition
precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit
court of jurisdiction. If on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality shall refund the same without interest
within 15 days of receipt of notice of the disposition from the circuit court. If the person
is adjudicated by the circuit court to be responsible for payment of...
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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...
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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)...
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45-37A-331.32
Section 45-37A-331.32 Definitions. As used in this subpart, the following terms shall have
the following meanings: (1) CITY. The City of Midfield, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the City of Midfield pursuant to this act 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 subpart.
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 45-37A-331.35, and in no event shall an adjudication of liability for a civil violation
be punishable by a criminal fine or imprisonment. (4)...
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45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
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6-5-156.4
Section 6-5-156.4 Violation of court order; additional orders necessary to abatement; suspension
or cancellation of order. (a) A violation of any court order issued pursuant to this division
is punishable as a contempt of court by a fine of not less than five hundred dollars ($500)
nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than
one year, or both. Evidence concerning the duration and repetitive nature of the violations
shall be considered by the court in determining the penalty for contempt. (b) Upon finding
that a defendant has willfully violated an order issued pursuant to this division, the court
may issue any additional orders necessary to abate the drug-related nuisance or to carry out
the punishment for contempt. (c) The court may suspend the effectiveness of an order of abatement
for no more than 90 days if the owner of the property establishes that he or she had no knowledge
of the drug-related nuisance, and could not reasonably be...
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45-37A-331.03
Section 45-37A-331.03 Utilization of photographic traffic signal enforcement system. (a) The
city is authorized to utilize an automated photographic traffic signal enforcement system
to detect and record traffic signal violations, to issue notices of civil violations by mail,
and to prosecute civil violations for the recorded traffic signal violations which may occur
within the corporate limits of the city as provided in this part. A civil fine assessed under
this part shall not exceed one hundred dollars ($100), and municipal court costs shall be
assessed in the same manner and in the same amounts prescribed for a municipal criminal traffic
control device violation prosecuted as a misdemeanor under Sections 32-5A-31, 32-5A-32, or
32-5A-35, or any combination thereof. Court costs collected pursuant to this part shall be
distributed in the same manner as prescribed by law for the distribution of municipal court
costs for misdemeanor violations. An additional fee of ten dollars ($10)...
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