Title 45

As used in this part, the following terms shall have the following meanings: (1) CITY. The City of Bessemer, Alabama. (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 e…

(a) The city as provided in this part, 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 syste…

(a) The city or its designee shall mail a notice of violation by U.S. 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 …

(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 part. (b) A person who receives a notice of violation may contest the imposition of the f…

(a) Following an administrative hearing, the Administrative Hearing Officer shall issue an order stating: (1) Whether the person charged with the civil violation is liable for the violation; and (2) If the person is found to be liable, the amount of the fine assessed against the …

The circuit court hearing a petition for judicial review shall utilize the procedures applicable to proceedings in the Jefferson County District Court with the following qualifications: (1) The proceedings shall retain their civil nature with the circuit court applying the prepon…

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 …

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 part and imposed pursuant hereto. No person may be arrested or incarcerated for nonpayment of a fine or late fee. No reco…

The city is authorized to file civil actions to enforce the provisions of an ordinance authorized by this part, including but not limited to pursuing collection actions to obtain judgments for unpaid fines, fees or both, imposed under an ordinance authorized by this part, by lawf…

(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 a…

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 th…

No fine 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 Article 2, Chap…

Any person against whom a determination of liability for a civil violation is made pursuant to an ordinance authorized by this part, 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 the vehicle …

Under no circumstances shall the salary or other compensation of the trained technician be related to the number of notices of violation issued or amount of fines collected. (Act 2016-323, §16.)

Nothing in this part shall be construed as invoking the provisions of the Alabama Administrative Procedure Act, Sections 41-22-1 et seq. (Act 2016-323, §17.)

This subpart shall be known and may be cited as the Lewis Spratt Act. (Act 2001-224, p. 261, §1.)

An elected board of education for the City of Birmingham is established. The board shall be called the Birmingham City Board of Education. The board shall be composed of nine members, with one member being elected from each of the nine city council districts by a majority of the …

A member shall reside in the district which the member represents during the entire term of office. If the boundaries of a city council district change, the corresponding board of education district shall automatically change accordingly for the next election of the city board of…

A candidate for each place on the board of education shall be at least 18 years of age, a resident of the board of education district which he or she seeks to represent on the board for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candi…

(a) The Birmingham City Council shall take necessary steps to ensure that this subpart complies with the Federal Voting Rights Act of 1965, as amended. (b) The election shall be called to coincide with the next mayoral election after final approval of this subpart by the United S…

(a) Upon the assumption of office of the initially elected members of the board of education, the Birmingham City Board of Education as provided in this subpart shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of …

A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term. If the vacancy is not filled by the remaining members of the board of education within 30 days, the chair, or the vice chair…

(a) Notwithstanding any other provision of law, the compensation of the members of the Birmingham City Board of Education shall be as follows: (1) Beginning on May 9, 2001, and thereafter, each member of the Birmingham City Board of Education shall be entitled to receive compensa…

The Department of Examiners of Public Accounts shall conduct an annual audit of the financial records of the city school system and of the board of education. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether…

The chair of the board shall have all of the following duties: (1) To preside over all board meetings. (2) To set the meeting dates and times of all board meetings consistent with state law. (3) To set the agenda of the board meetings in consultation with the city superintendent …

(a) The Birmingham Vocational Trade School Commission is created to investigate the establishment of a vocational trade school for the City of Birmingham. (b) The commission shall be composed of the following individuals: (1) One member of the Alabama House of Representatives who…

The following words, terms, and phrases, wherever used in this subpart, shall have the meanings respectively ascribed to them, unless the context plainly indicates that a different meaning is intended:(1) Act 556. Act 556 of the Regular Session of the Legislature of 1959 (Acts 19…

(a) It is the intent of the Legislature that the additional benefits provided by this subpart shall be payable solely from the fund established by Section 45-37A-51.05, and that in no event shall any such additional benefit be payable from the fund established under Act 929.(b)(1…

(a) There is established in and for the city a pension system which shall be known as the Firemen’s and Policemen’s Supplemental Pension System. For the purpose of brevity the system will at times hereinafter be referred to as the supplemental pension system.(b) Any other provisi…

(a)(1) In order to assure representation of all participants of this system, there shall be a board of managers of five members for the administration, management, and control of the supplemental pension system, including administration, management, control, acquisition, and disb…

(a) The following shall be members of the supplemental pension system hereby created: Members of the fire department or police department of the city who belong to the general retirement and relief system, created by Act 929 on whose account the city makes no contribution or pays…

(a) For the purpose of the deductions from salary provided for in this section, the salary of a fireman or policeman shall be deemed to be the same as his or her salary is for the purpose of payroll deductions provided for in Section 9 of Act 929.(b)(1) At the end of each payroll…

The words, terms, and phrases used in this section shall have the meaning ascribed to them by Act 929, unless it appears from the context that a different meaning is intended. Any police officer or firefighter who is granted an ordinary disability allowance under Act 929 shall re…

(a)(1) The words, terms, and phrases of this section shall have the meaning ascribed to them by Act 929, unless it appears from the context that a different meaning is intended. As used in this section and Section 45-37A-51.11, these words and terms have the meanings hereby accor…

(a) A member who retires at least 90 days following the effective date of this section, who has then completed at least 26 years, but less than 30 years, of credited service, and who is otherwise entitled to retire and receive a monthly retirement allowance under the supplemental…

(a) Compensation in excess of one hundred sixty thousand dollars ($160,000), or such other amount provided in the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall be adjusted for increases in the cost-of-living in accordance with Section 401(a)(1…

This section is added to this subpart to transfer all assets and powers of the City of Birmingham Firemen’s Pension and Relief Fund created and provided by Act 389, 1935 Regular Session (Acts 1935, p. 847), as amended and restated by Act 307, 1943 Regular Session (Acts 1943, p. 2…

This subpart is derived in part from one or more provisions of Act 24 of the extra session of the Legislature of 1936-1937, approved January 26, 1937 (Acts 1936-37, p. 20); Act 512 of the Regular Session of the Legislature of 1939, approved September 21, 1939 (Acts 1939, p. 795);…

The articles and sections of this subpart comprise a retirement and relief system for officers and employees of each and every Class 1 city of the State of Alabama having a population sufficient by state statute according to the last, any preceding, or any succeeding federal cens…

The general purpose of the system embraced in this subpart is the governmental one of promoting efficiency of employees in the service by partially relieving their minds of harassing fear of the consequences of loss of employment through disability, old age, and otherwise, and of…

(a) The words, terms, and phrases used in this section shall have the meaning ascribed to them by Act 929, or Section 45-37A-51.07, unless it appears from the context that a different meaning is intended.(b)(1) This section shall not apply to any firefighter or police officer, or…

It is hereby provided that the provisions of those sections of Act 929 as amended by Act 1272, 1973 Regular Session (Acts 1973, p. 2141), hereinafter in this section specified shall apply (except as hereinafter provided) to the supplemental pension system in the same manner in wh…

(a) The following words, terms, and phrases, wherever used in this subpart, including this section, shall have the meanings respectively ascribed to them in this section, unless the context plainly indicates otherwise or that a more restricted or extended meaning is intended:(1) …

In the event that any clause, sentence, paragraph, section, idea, or other part, portion, or provision of this subpart is held unconstitutional, such holding shall not affect the remainder of this subpart; it being hereby declared to be the intention of the Legislature that shoul…

The system shall be administered by a board of managers consisting of nine members as follows: (1) The mayor of the city, who shall serve as chair. (2) A member appointed by the personnel board of the city. (3) A participant in the system, who shall be a general employee elected …

(a) The members of the board of managers, other than the mayor who shall always serve as chair, shall be selected and shall serve for the term as hereafter set forth.(1) The mayor of the city shall always serve as the chair of the system.(2) The member appointed by the personnel …