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 […]
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 […]
Section 45-37A-100.03 Adoption of ordinance for photographic traffic signal enforcement; fines. (a) The city as provided in this article, is empowered to adopt an ordinance providing for the utilization by the city or its designee of a photographic traffic signal enforcement system, a photographic stop sign enforcement system, and a photographic vehicle speed enforcement system […]
Section 45-37A-100.04 Notice of violation. (a) The city or its designee shall mail a notice of violation by United States mail to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement system, photographic stop sign enforcement system, or photographic vehicle speed enforcement system while committing a traffic signal violation, […]
Section 45-37A-100.05 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 article. (b) A person who receives a notice of violation may contest the imposition […]
Section 45-37A-100.06 Order of administrative hearing officer; judicial review. (a) Following an administrative hearing, the administrative hearing officer shall issue an order stating all of the following: (1) Whether the person charged with the civil violation is liable for the violation. (2) If the person is found to be liable, the amount of the fine […]
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 […]
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, […]
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. […]
Section 45-37A-100.10 Civil actions. The city is authorized to file civil actions to enforce the provisions of an ordinance authorized by this article, including, but not limited to, pursuing collection actions to obtain judgments for unpaid fines or fees, or both, imposed under an ordinance authorized by this article, by lawful means to secure payments […]
Section 45-37A-100.11 Statistical data. (a) The city shall keep statistical data regarding the effectiveness of photographic traffic signal enforcement systems or photographic stop sign enforcement systems in reducing traffic control device violations and intersectional collisions and shall communicate the data on an annual basis to the Alabama Department of Transportation and the Alabama Criminal Justice […]
Section 45-37A-100.12 Control devices and timing. The placement of control devices in the city and timing of yellow lights and red light clearance intervals shall conform to the most recent edition of the Traffic Engineering Handbook. It shall be presumed that such devices and timing are in compliance with this section unless the contrary is […]
Section 45-37A-100.13 Criminal violations. No fine may be imposed and no adjudication of liability for a civil violation may be made under this article 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 […]
Section 45-37A-100.14 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 article, 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 […]
