Title 45

(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) A person who receives a violation may contest the impo…

(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, alon…

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 st…

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 establis…

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 or incar…

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 o…

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 cont…

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 Articl…

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 been operatin…

(a) The City of Opelika shall not exercise police jurisdiction in any county unless a part of its corporate limits also lies in the county. The City of Opelika shall not exercise taxing powers nor shall it enforce any ordinance, subdivision regulation, or sanitation regulation in…

(a) The following words and phrases shall have the following meanings: (1) AMENDMENT 8. That amendment to the constitution that was proposed by Act 650, 1919 Regular Session. (2) AMENDMENT 373. That amendment to the constitution that was proposed by Act 6, 1978 Second Special Ses…