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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45-21A-10.02
Section 45-21A-10.02 Automated photographic speeding enforcement system authorized. (a) The
City of Brantley is empowered to utilize an automated photographic speeding enforcement system
to detect and record speeding violations, to issue notices of civil violations by mail, and
to prosecute civil violations for the recorded speeding violations which may occur within
the corporate limits of the City of Brantley as provided in this article. A civil fine assessed
under this article shall not exceed one hundred dollars ($100), and municipal court costs
may be assessed in the same manner and in the same amounts prescribed for municipal criminal
speeding violations prosecuted as a misdemeanor. An additional fee of ten dollars ($10) shall
be added to the Brantley Municipal Court costs authorized to be collected in connection with
notices issued under this article. Court costs collected pursuant to this article shall be
distributed in the same manner as prescribed by law for the distribution...
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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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.32.htm - 3K - Match Info - Similar pages

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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45-41A-41.03
Section 45-41A-41.03 Utilization of photographic traffic signal enforcement system. (a) The
city is empowered to utilize a 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 only in contested
cases 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, and 32-5A-35,
or any combination thereof. An additional fee of ten dollars ($10) shall be collected in connection
with notices issued under this part. Court costs collected pursuant to this part shall be
distributed in the same manner as prescribed by...
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45-37A-42.08
Section 45-37A-42.08 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 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 2016-323, §9.)...
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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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45-24A-32.12
Section 45-24A-32.12 Relation to state statutes. 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, of Chapter 5A, of 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 2010-741, p. 1870, §13.)...
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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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