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-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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45-41A-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-331.12
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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45-41A-41.12
Section 45-41A-41.12 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 2011-524, p. 843,
§13.)...
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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...
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45-37A-42.01
Section 45-37A-42.01 Traffic safety system authorized; legislative findings. (a) The City of
Bessemer, Alabama, by ordinance, may provide for the implementation of an automated traffic
safety system within the city as provided for in this part. (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 Bessemer, Alabama. (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 or...
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45-24A-32.03
Section 45-24A-32.03 Automated photographic traffic signal enforcement system. (a) The city
is empowered 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 penalty 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 Section
32-5A-31, 32-5A-32, or 32-5A-35, or any combination thereof. An additional fee of ten dollars
($10) shall be added to the municipal court costs authorized to be collected in connection
with notices issued under this part. Court costs collected pursuant to this...
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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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45-24A-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...
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