45-21A-10.06
Section 45-21A-10.06 Appellate procedures. The circuit court hearing an appeal shall use the
procedures that apply to criminal convictions in municipal court 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) If the person is adjudicated by the circuit
court to be responsible for payment of the civil fine, circuit court costs shall be owed by
the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing not to be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as for...
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45-24A-32.02
Section 45-24A-32.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CIRCUIT COURT or COUNTY CIRCUIT COURT. The Dallas County Circuit Court.
(2) CITY. The City of Selma, Alabama. (3) CIVIL PENALTY. 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. (4) CIVIL VIOLATION. There
is created a noncriminal category of state law called a civil violation created and existing
for the sole purpose of carrying out the terms of this part. The penalty for committing a
civil violation shall be the payment of a civil penalty, 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 45-24A-32.05,
and in no event shall an adjudication of liability for a civil...
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45-37A-100.07
Section 45-37A-100.07 Petition for judicial review. The circuit court hearing a petition for
judicial review shall utilize the procedures applicable to proceedings in the Jefferson County
District Court with all of the following qualifications: (1) The proceedings shall retain
their civil nature with the circuit court applying the preponderance of the evidence standard.
(2) If the person is adjudicated by the circuit court to be responsible for payment of the
fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent
of those court costs collected to be retained by the circuit court, which costs shall be calculated
in the same manner as court costs for criminal appeals from the Jefferson County District
Court, provided that, in the event the circuit court finds the person petitioning for judicial
review to not be responsible, any fine or fee paid, related to that citation, shall be refunded
by the city. (3) Regardless of the civil nature of the...
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45-37A-331.07
Section 45-37A-331.07 Appellate procedures. (a) The circuit court hearing an appeal shall use
the procedures that apply to criminal convictions in municipal court 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) If the person is adjudicated by the circuit
court to be responsible for payment of the civil fine, circuit court costs shall be owed by
the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing to not be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as for...
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45-37A-331.37
Section 45-37A-331.37 Appellate procedures. (a) The circuit court hearing an appeal shall use
the procedures that apply to criminal convictions in municipal court 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) If the person is adjudicated by the circuit
court to be responsible for payment of the civil fine, circuit court costs shall be owed by
the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing not to be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as for...
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45-37A-42.07
Section 45-37A-42.07 Petition for judicial review. The circuit court hearing a petition for
judicial review shall utilize the procedures applicable to proceedings in the Jefferson County
District Court with the following qualifications: (1) The proceedings shall retain their civil
nature with the circuit court applying the preponderance of the evidence standard. (2) If
the person is adjudicated by the circuit court to be responsible for payment of the fine,
circuit court costs shall be owed by the person adjudicated responsible, with 100 percent
of those court costs collected to be retained by the circuit court, which costs shall be calculated
in the same manner as court costs for criminal appeals from the Jefferson County District
Court, provided that, in the event the circuit court finds the person petitioning for judicial
review to not be responsible, any fine or fee paid, related to that citation, shall be refunded
by the city. (3) Regardless of the civil nature of the proceedings,...
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45-41A-41.07
Section 45-41A-41.07 Appellate review. The circuit court hearing an appeal shall use the procedures
that apply to criminal convictions in municipal court 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) If the person is adjudicated by the circuit
court to be responsible for payment of the civil fine, circuit court costs shall be owed by
the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing to not be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as for criminal...
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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-42.02
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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45-37A-42.06
Section 45-37A-42.06 Order of administrative hearing officer; judicial review. (a) Following
an administrative hearing, the Administrative Hearing Officer shall issue an order stating:
(1) Whether the person charged with the civil violation is liable for the violation; and (2)
If the person is found to be liable, the amount of the fine assessed against the person, along
with the fees and costs provided for herein. (b) Orders issued under this section may be filed
in the office of the judge of probate in any county in Alabama, and shall operate as a judicial
lien in the same manner and with the same weight and effect as any other civil judgment filed
therein. (c) A person who is found liable after an administrative hearing may challenge that
finding of civil liability in the Jefferson County Circuit Court, by filing a petition for
judicial review with the Jefferson County Circuit Court. The petition for judicial review
must be filed not later than the 14th day after the date on which...
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