2024 Code of Alabama
Title 45 - Local Laws.
Chapter 57A - Russell County Municipalities.
Article 6 - Phenix City.
Part 5 - Public Safety and Courts.
Subpart 3 - Phenix City Red Light Safety Act.
Section 45-57A-64.52 - Definitions.
Section 45-57A-64.52
Definitions.
As used in this subpart, the following terms shall
have the following meanings:
(1)
CITY. The City of
Phenix City.
(2) CIVIL FINE.
The monetary amount assessed by the city pursuant to this subpart
for an adjudication of civil
liability for a traffic signal
violation, including municipal court costs associated with the
infraction.
(3) CIVIL VIOLATION. There is created
a noncriminal category
of law called a civil violation
created and existing
for the sole purpose of carrying out the
terms of this subpart. The penalty
for violation of a civil violation shall be the payment of a civil fine, the enforceability of which shall be accomplished through civil action. The prosecution of a civil violation shall carry reduced evidentiary requirements and
burden of proof as set out in Section 45–57A–64.55, and in no event shall an
adjudication of liability for a civil violation be punishable by a criminal
fine or imprisonment.
(4) OWNER. The owner of a motor vehicle as shown on
the motor vehicle registration records of the state Department of Revenue or
the analogous department or agency of another state or country. The term shall not include a motor vehicle
rental or leasing company when a motor vehicle registered by the company is
rented or leased to another person under a rental or lease agreement with the
company, in Russell County and which event owner shall mean the person to whom
the vehicle is rented or leased; nor shall the term 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.
(5) 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.
(6) 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. The device shall be
capable of producing at least two recorded images, at least one of which is
capable of clearly depicting the license plate of a motor vehicle that is not
operated in compliance with the instructions of the traffic-control signal.
(7) 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 subpart.
(8)
TRAINED
TECHNICIAN. A sworn law enforcement officer
employed by the city, who alternatively:
a. Is a professional engineer in the field
of civil engineering.
b. Has received instruction and training in the proper use of the
photographic traffic signal enforcement system to be used by the city by the
city’s traffic engineer or his or her designee.
c. Has been trained by the vendor installing the equipment. 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 2012–326, p. 758, § 3.)
