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-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.)...
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45-37A-100.08
Section 45-37A-100.08 Identifying owner of vehicle. In the event the evidence produced by a
photographic traffic signal enforcement system, a photographic stop sign enforcement system,
or a photographic vehicle speed 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 thereof cannot otherwise be reliably established, then no notice of violation
may be issued pursuant to this article. 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 2013-228, p. 546, §9.)...
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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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45-37A-100.01
Section 45-37A-100.01 Traffic safety system authorized; legislative findings. (a) The City
of Center Point, Alabama, by ordinance, may provide for the implementation of an automated
traffic safety system within the city as provided for in this article. (b) The Legislature
finds and declares the following: (1) Vehicles that violate traffic control regulations and
signage have been and are a dangerous problem in the City of Center Point. (2) Studies have
found that automated traffic camera enforcement in a municipal area is a highly accurate method
for detecting violations of traffic control regulations and signage and is very effective
in reducing the number of traffic violations and decreasing the number of traffic accidents,
deaths, and injuries. (3) Current Alabama law provides that failing to stop and remain stopped
at a traffic control signal which is emitting a steady red signal is a criminal misdemeanor.
Current Alabama law also provides that failing to abide by traffic signage...
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45-37A-331.34
Section 45-37A-331.34 Notice of violation; civil penalty. (a) Prior to imposing a civil penalty
pursuant to this subpart, the City of Midfield shall first mail a notice of violation by certified
United States mail, return receipt requested, to the owner of the motor vehicle which is recorded
by the automated photographic speeding enforcement system that committed a speeding violation.
The notice shall be sent not later than the 30th day after the date the speeding violation
is recorded to the following: (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 subpart shall contain the following:
(1) Description of the speeding violation alleged. (2) The date,...
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45-24A-32.08
Section 45-24A-32.08 Evidence of identity. In the event the evidence produced by a photographic
traffic signal 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 part. 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 2010-741,
p. 1870, §9.)...
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45-37A-331.08
Section 45-37A-331.08 Identifying owner of vehicle. In the event the evidence produced by a
photographic traffic signal 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 part. 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 2011-569, p. 1153, §9.)...
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45-41A-41.08
Section 45-41A-41.08 Identifying owner of vehicle. In the event the evidence produced by a
photographic traffic signal 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 part. 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 2011-524, p. 843, §9.)...
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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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