Section 45-51A-35.25 Power and Jurisdiction of Municipal Court; Contesting Liability; Fines and Costs; Affirmative Defenses.

(a) The Montgomery Municipal Court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this subpart, and to issue orders imposing the civil fines and costs set out in this subpart. (b) A person who receives a notice of violation may contest the imposition of the civil fine by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city shall notify the person of the date and time of the adjudicative hearing by United States mail, return receipt requested. (c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine shall not be assessed if, after a hearing, the Montgomery Municipal Court Judge enters a finding of no liability. (e) If an adjudicative hearing is requested, the city shall have the burden of proving the traffic signal violation by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to by affidavit of a trained technician. An affidavit of a trained technician that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this subpart and is evidence of the facts contained in the affidavit. (f) The notice of violation, the recorded and reproduced images of the traffic signal violation, regardless of the media on which they are recorded, accompanied by a certification of authenticity of a trained technician, and evidence of ownership of a vehicle as shown by copies or summaries of official records shall be admissible into evidence without foundation unless the municipal court finds there is an indication of untrustworthiness, in which case the city shall be given a reasonable opportunity to lay an evidentiary foundation. (g) All other matters of evidence and procedure not specifically addressed in this subpart shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to Montgomery County Circuit Court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this subpart. (h) A person who is found liable for the civil violation after an adjudicative hearing or who requests an adjudicative hearing and thereafter fails to appear at the time and place of the hearing is liable for court costs and fees set out herein in addition to the amount of the civil fine assessed for the violation. A person who is found liable for a civil violation after an adjudicative hearing shall pay the civil fine and costs within 10 days of the hearing. (i) Whenever payment of a civil fine is owed to the city, the amount of the civil fine as set by ordinance may not be increased, decreased, or remitted by the municipal court, and the liability may be satisfied only by payment. (j) It shall be an affirmative defense to the imposition of civil liability under this subpart, to be proven by a preponderance of the evidence, that: (1) The traffic-control signal was not in proper position and sufficiently visible to an ordinarily observant person. (2) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer. (3) The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle. (4) The motor vehicle was being operated as an authorized emergency vehicle under Sections 32-5A-7 and 32-5-213, and that the operator was acting in compliance with that chapter. (5) The motor vehicle was stolen or being operated by a person other than the owner of the vehicle without the effective consent of the owner. (6) The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued. (7) The presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would make compliance with this subpart more dangerous under the circumstances than noncompliance. (8) The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation. (9) There was no sign installed as required by this subpart near the red light at which the violation allegedly occurred warning that an automated red light camera device was being used. (k) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate, prior to the time of the violation, had been timely reported to the appropriate law enforcement agency. (l) Notwithstanding anything in this subpart to the contrary, a person who fails to pay the amount of a civil fine or to contest liability in a timely manner is entitled to an adjudicative hearing on the violation if: (1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after same is mailed as set out in subsection (a) of Section 45-51A-35.24. (2) Within the 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.