As used in this part, the following terms shall have the following meanings:

(1) CITY. The City of Bessemer, Alabama.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

Terms Used In Alabama Code 45-37A-42.02

  • 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
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • 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
(2) CIVIL VIOLATION. A violation of the provisions of the ordinance authorized by this part, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible.
(3) FINE. The monetary amount assessed by the City of Bessemer pursuant to the ordinance authorized by this part for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction.
(4) OWNER. The owner or owner of record of a motor vehicle as shown on the motor vehicle registration and title records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. The term shall not include motor vehicles displaying dealer license plates, in which event owner shall mean the person to whom the vehicle is assigned for use; nor shall the term include the owner of any stolen motor vehicle, in which event owner shall mean the person who is guilty of stealing the motor vehicle and who was operating the vehicle at the time of the civil violation.
(5) PHOTOGRAPHIC STOP SIGN TRAFFIC ENFORCEMENT SYSTEM. A system that meets both of the following conditions:

a. Consists of a still camera system and full motion video camera system (30 frames per second or greater).
b. Is capable of producing at least two separate recorded images, i.e.:

1. An image of the rear of a vehicle prior to entering the intersection.
2. An image of the rear of the vehicle showing the license plate.
(6) PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM. A system that meets all of the following requirements:

a. Consists of a still camera system and full motion video camera system (30 frames per second or greater) installed to work in conjunction with an electrically operated traffic control signal.
b. Is capable of producing at least three separate recorded images, i.e.:

1. An image of the rear of a vehicle prior to entering the intersection on a red signal.
2. An image of the rear of the vehicle showing the license plate.
3. An image of the rear of the vehicle in or through the intersection when the red signal is visible.
c. Synchronizes images to a single time source and provide the elapsed time between the first, second, and third photographs or digital images specified in this paragraph b.
(7) PHOTOGRAPHIC VEHICLE SPEED ENFORCEMENT SYSTEM. A system that meets both of the following conditions:

a. Has a mobile or fixed electronic speed enforcement system, or both, which is certified and in compliance with the rules of the Federal Communications Commission.
b. Is capable of producing two or more recorded images, at least one depicting the license plate attached to the rear of a vehicle being operated at a speed in excess of the applicable speed limit.
(8) RECORDED IMAGE. An image recorded by the system depicting the rear of a vehicle which is automatically recorded as a photograph or digital image, which also depicts the recorded speed, date, location, and time of the recorded image.
(9) SPEED LIMIT. The established maximum speed limit on a given roadway prescribed by law.
(10) SPEEDING VIOLATION. Any violation of a motor vehicle at a speed that exceeds the legal maximum speed limits set forth in or adopted pursuant to Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive, or of any combination thereof; provided, however, that speed limits set by action of the Bessemer City Council, if any, shall supersede the limits set in Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive. A speeding violation shall be a civil violation as defined in this part.
(11) STOP SIGN. A fixed sign of the type authorized by the Alabama Department of Transportation which requires a vehicle to come to a complete stop before entering the intersection.
(12) STOP SIGN VIOLATION. Any violation of Section evidence of failure to yield” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”32″>32-5A-112 wherein a vehicle proceeds into an intersection after failing to stop at a clearly marked stop line. A stop sign violation shall be a civil violation as defined in this part.
(13) TRAFFIC CONTROL SIGNAL. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1.1.
(14) 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. A traffic signal violation shall be a civil violation as defined in this part.
(15) TRAINED TECHNICIAN. A sworn law enforcement officer or a person certified by the Alabama Peace Officers’ Standards and Training Commission, employed or contracted by the city, who has received instruction and training in the proper use of the photographic traffic signal enforcement system, the photographic stop sign enforcement system, and the photographic vehicle speed enforcement system used by the city, the city’s traffic engineer or the city’s designee.
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