Section 45-41A-41 Short title; adoption of procedures. (a) This part shall be known and may be cited as the Opelika Red Light Safety Act. (b) The City of Opelika, Alabama, by ordinance, may adopt the procedures set out in this part. (Act 2011-524, p. 843, §1.)
Section 45-41A-41.01 Legislative findings. The Legislature finds and declares the following: (1) Accident data establishes that vehicles running red lights have been and are a dangerous problem in Opelika, Alabama. (2) Studies have found that automated traffic camera enforcement in a municipal area is a highly accurate method for detecting red light violations and is […]
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 […]
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 […]
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 […]
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) […]
Section 45-41A-41.06 Order of municipal court; judicial review. (a) Following an adjudicative hearing, the municipal court judge shall issue an order stating: (1) Whether the person charged with the civil violation is liable for the violation. (2) If charged with a civil violation the amount of the civil fine assessed against the person, along with […]
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 […]
Section 45-41A-41.08 Identifying owner of vehicle. In the event the evidence produced by a photographic traffic signal 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 cannot otherwise be reliably established, then no notice of […]
Section 45-41A-41.09 Late fees; record of civil violations. The city may provide by ordinance that late fees not exceeding twenty-five dollars ($25) per month for each month after the issuance of the order imposing the civil fine shall attach to untimely paid civil fines that are authorized in this part. No person may be arrested […]
Section 45-41A-41.10 Statistical data. The city shall adopt the procedures authorized by this part, and shall keep statistical data regarding the effectiveness of photographic traffic signal 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 […]
Section 45-41A-41.11 Control devices and timing. The placement of control devices and timing of yellow lights and red light clearance intervals, adopted by the city, shall conform to the most recent edition of the Traffic Engineering Handbook. It shall be presumed that the city is in compliance with this section unless the contrary is shown […]
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 […]
Section 45-41A-41.13 Civil action against person operating vehicle. Any person against whom an adjudication of liability for a civil violation is made under this part, or the ordinance passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a cause of action against any person who may be shown to have […]
