§ 45-57A-64.55 — Power and Jurisdiction of Municipal Court; Contesting Liability; Fines and Costs; Affirmative Defenses

Alabama § 45-57A-64.55

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 57A: Russell County Municipalities
• Art. 6: Phenix City
• Part 5: Public Safety and Courts
• Subpart 3: Phenix City Red Light Safety Act

Text

(a) The Phenix City Municipal Court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this subpart, and to issue orders imposing the civil fines and costs set out in this subpart.
(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 Phenix City municipal judge enters a finding of no liability.
(e)
If
an
adjudicative
hearing
is
requested,
the
city
shall
have
the
burden
of proving the traffic signal violation by a preponderance of the evidence.
The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to by affidavit of a trained technician.
An affidavit of a trained technician that alleges a violation
based
on
an
inspection
of
the
pertinent
recorded
image
is
admissible in a proceeding under this act and is evidence of the facts contained in the
affidavit.
(f)
The notice of violation, the recorded and reproduced images of the
traffic signal violation, regardless of the media on which they are recorded, accompanied by a certification of authenticity of a trained technician, and evidence of ownership of a vehicle as shown by copies or summaries of official records, shall be admissible into evidence without foundation unless the municipal court finds there is an indication of untrustworthiness, in which case the city shall be given a reasonable opportunity to lay an evidentiary
foundation.
(g)
All
other
matters
of
evidence
and
procedure
not
specifically
addressed
in this subpart shall be subject to the rules of evidence and the rules of procedure
as
they
apply
in
the
small
claims
courts
of
this
state,
except
that
on any appeal to the Russell County Circuit Court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this subpart.
(h)
A person who is found liable for the civil violation after an adjudicative hearing
or
who
requests
an
adjudicative
hearing
and
thereafter
fails
to
appear at the time and place of the hearing is liable for court costs and fees set out herein
in
addition
to
the
amount
of
the
civil
fine
assessed
for
the
violation.
A person who is found liable for a civil violation after an adjudicative hearing shall pay the civil fine and costs within 10 days of the hearing.
(i)
Whenever payment of a civil fine is owed to the city, the amount of the civil fine as set by ordinance may not be increased, decreased, or remitted by the
municipal
court,
and
the
liability
may
be
satisfied
only
by
payment.
(j)
It
shall
be
an
affirmative
defense
to
the
imposition
of
civil
liability
under this subpart, to be proven by a preponderance of the evidence, that:
(1)
The traffic-control signal was not in proper position and sufficiently visible to an ordinarily observant person.
(2)
The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer.
(3)
The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle.
(4)
The motor vehicle was being operated as an authorized emergency vehicle under Sections 32–5A–7 and 32–5–213, and that the operator was acting in compliance with that chapter.
(5)
The motor vehicle was stolen or being operated by a person other than
the
owner
of
the
vehicle
without
the
effective
consent
of
the
owner.
(6)
The
license
plate
depicted
in
the
recorded
image
of
the
violation
was
a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued.
(7)
The
presence
of
ice,
snow,
unusual
amounts
of
rain,
or
other
unusually
hazardous
road
conditions
existed
that
would
make
compliance
with
this subpart
more
dangerous
under
the
circumstances
than
noncompliance.
(8)
The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.
(k)
To
demonstrate
that
at
the
time
of
the
violation
the
motor
vehicle
was
a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft
of
the
vehicle
or
license
plate,
prior
to
the
time
of
the
violation,
had
been timely reported to the appropriate law enforcement agency.
(l)
Notwithstanding anything in this subpart to the contrary, a person who fails
to
pay
the
amount
of
a
civil
fine
or
to
contest
liability
in
a
timely
manner is entitled to an adjudicative hearing on the violation if:
(1)
The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after same is mailed as set out in subsection (a) of Section 45–57A–64.54.
(2)
Within 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.

Legislative History

(Act 2012–326, p. 758, § 6.)