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-331.02
Section 45-37A-331.02 Definitions. As used in this part, 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 pursuant to this part for an adjudication of civil liability for
a traffic signal violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby 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 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-331.05, and in no event shall an adjudication of liability
for a civil violation be punishable by a criminal fine or imprisonment. (4) COUNTY....
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45-41A-41.02
Section 45-41A-41.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Opelika, Alabama. (2) CIVIL FINE. 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. (3) CIVIL
VIOLATION. There is hereby created a noncriminal category of law called a civil violation
created and existing for the sole purpose of carrying out the terms of this part. The penalty
for 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 45-41A-41.05,
and in no event shall an adjudication of liability for a civil violation be punishable by
a criminal fine or imprisonment. (4) OWNER. The owner of a motor...
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45-37A-100.09
Section 45-37A-100.09 Late fees; record of civil violations. The city may provide by ordinance
that late fees not exceeding twenty-five dollars ($25) shall attach to untimely paid fines
that are authorized pursuant this article and imposed pursuant to this article. No person
may be arrested or incarcerated for nonpayment of a fine or late fee. No record of an adjudication
of civil violation made under this article 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 article 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. The fact that a person
is held liable or responsible for a fine for a traffic...
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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-42.14
Section 45-37A-42.14 Civil action against person operating vehicle. Any person against whom
a determination of liability for a civil violation is made pursuant to an ordinance authorized
by this part, and who actually pays the fine imposed thereby shall have a cause of action
against any person who may be shown to have been operating the vehicle recorded at the time
of the violation for the amount of the fine actually paid plus any consequential or compensatory
damages and a reasonable attorney fee, without regard to the rules regarding joint and several
liability, contribution, or indemnity provided, however, that as a condition precedent to
the bringing of a civil action, that the person held responsible for payment of a fine must
first make written demand on the other person for reimbursement of the fine, giving a minimum
of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then
the cause of action shall be extinguished and no attorney fees or...
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45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure.
(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 penalties
and costs set out in this part. (b) A person who receives a notice of violation may contest
the imposition of the civil penalty 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 penalty assessed in the notice of violation. (d) The civil penalty and court costs shall
not be assessed if, after a hearing, the municipal court judge...
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45-37A-331.04
Section 45-37A-331.04 Notice of violation. (a) Prior to imposing a civil penalty under this
part, the city shall first mail a notice of violation by first class United State mail 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 the vehicle...
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45-41A-41.04
Section 45-41A-41.04 Notice of violation. (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) A description of the violation alleged. (2) The date, time, and
location of the violation. (3) A copy of recorded images of the...
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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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