(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:
Terms Used In Alabama Code 45-37A-331.04
- city: The City of Midfield, Alabama. See Alabama Code 45-37A-331.02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: means next after. See Alabama Code 1-1-1
- owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-37A-331.02
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-37A-331.02
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-37A-331.02
- TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city who alternatively:
a. See Alabama Code 45-37A-331.02
- United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(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 involved in the violation.
(4) The amount of the civil penalty to be imposed for the violation.
(5) The date by which the civil penalty shall be paid.
(6) A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing.
(7) Information that informs the person named in the notice of violation:
a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.
b. Of the manner and time in which to contest the imposition of the civil penalty.
c. That failure to pay the civil penalty or to contest liability is an admission of liability.
(8) A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty.
(9) A statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25).
(10) Any other information deemed necessary by the department or the city.
(c) A notice of violation under this part is presumed to have been received on the 10th day after the date the notice of violation is placed in the United States mail.
(d) The civil penalty imposed shall be paid within 30 days of the 10th day after the date the notice of violation is mailed.
(e) It shall be within the discretion of the trained technician to determine which of the recorded traffic signal violations are prosecuted based upon the quality and legibility of the recorded image. In lieu of issuing a notice of violation, the city may mail a warning notice to the owner.