(a) The Phenix City Municipal Court is vested with thepower and jurisdiction to hear and adjudicate the civil violations providedfor in this subpart, and to issue orders imposingthe civil fines and costs set out in this subpart. (b) A person who receives a violation may contest the imposition of the civil fine by submitting a request for ahearing on the adjudication of the civil violation, in writing, within 15 daysof the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the cityshall notify the person of the date and time of the adjudicative hearing.(c) Failure to pay a civil penalty or to contestliability in a timely manner isan admission of liability in the full amount of the civil fine assessed in thenotice of violation.(d) The civil fine and court costs shall not be assessedif, after a hearing, the Phenix City municipal judge enters a finding of noliability.(e) If an adjudicative hearing is requested, the city shallhave the burdenof proving the traffic signal violation by a preponderance of theevidence.

ty municipal judge enters a finding of noliability.(e) If an adjudicative hearing is requested, the city shallhave the burdenof proving the traffic signal violation by a preponderance of theevidence. The reliability of thephotographic traffic signal enforcement system used to produce the recordedimage of the violation may be attested to by affidavit of a trained technician. An affidavit of a trained technician thatalleges a violation based on an inspection of the pertinent recorded image is admissiblein a proceeding under this act and is evidence of the facts contained in the affidavit.(f) The notice of violation, the recorded and reproducedimages of the traffic signalviolation, regardless of the media on which they are recorded, accompanied by acertification of authenticity of a trained technician, and evidence ofownership of a vehicle as shown by copies or summaries of official records,shall be admissible into evidence without foundation unless the municipal courtfinds there is an indication of untrustworthiness, in which case the city shallbe given a reasonable opportunity to lay an evidentiary foundation.(g) All other mattersof evidence and procedure not specifically

e is an indication of untrustworthiness, in which case the city shallbe given a reasonable opportunity to lay an evidentiary foundation.(g) All other mattersof evidence and procedure not specifically addressedin this subpart shall be subject to the rules of evidence and the rulesof procedure as they apply in the smallclaims courts of this state,except that on any appeal to the Russell CountyCircuit Court for trial de novo the evidence and procedures shall be as for anycivil case in the circuit court except as otherwise provided in this subpart.(h) A person who is found liable for the civil violationafter an adjudicative hearing or who requests an adjudicative hearingand thereafter fails to appear at the time and place of thehearing is liable for court costs and fees set out herein in addition to the amountof the civil fine assessedfor the violation. A person who is found liable for a civil violation after an adjudicativehearing 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

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 liabilityunder this subpart, to be proven by a preponderance of the evidence,that:(1) Thetraffic-control signal was not in proper position and sufficiently visible toan ordinarily observant person.(2) Theoperator of the motor vehicle was acting in compliance with the lawful order ordirection of a police officer.(3) Theoperator of the motor vehicle violated the instructions of the traffic-controlsignal so as to yield the right-of-way to an immediately approaching authorizedemergency vehicle.(4) The motorvehicle was being operated as an authorized emergency vehicle under Sections32–5A–7 and 32–5–213, and that the operator was acting in compliance with thatchapter.(5) The motor vehicle was stolen or being operated by a person other than the owner of the vehiclewithout the effective consent of the owner.(6) The license platedepicted in the recorded imageof the violation was a stolen plate

olen or being operated by a person other than the owner of the vehiclewithout the effective consent of the owner.(6) The license platedepicted in the recorded imageof the violation was a stolen plate and being displayed on amotor vehicle other than the motor vehicle for which the plate had been issued.(7) The presence of ice, snow, unusual amountsof rain, or other unusually hazardous road conditions existed that wouldmake compliance with thissubpart more dangerous under the circumstances than noncompliance.(8) The person who received the notice of violation was not the owner ofthe motor vehicle at the time of the violation.(k) To demonstrate that at the time of the violation the motor vehiclewas a stolen vehicle or thelicense plate displayed on the motor vehicle was a stolen plate, the owner mustsubmit proof acceptable to the hearing officer that the theft of the vehicleor license plate,prior to the time of the violation, had been timelyreported to the appropriate law enforcement agency.(l) Notwithstanding anything inthis subpart to the contrary, a person who fails to pay the amount of a civil fine or to contestliability in a timely manner is entitled to an adjudicativehearing on

cy.(l) Notwithstanding anything inthis subpart to the contrary, a person who fails to pay the amount of a civil fine or to contestliability in a timely manner is entitled to an adjudicativehearing on the violation if:(1) The person files an affidavit with the hearing officer stating the dateon which the person received the notice of violation that was mailed to theperson, if not received by the 10th day after same is mailed as set out insubsection (a) of Section 45–57A–64.54.(2) Within 15 days of the date of actual receipt, the person requests an administrativeadjudicative hearing.(Act 2012–326, p. 758, § 6.)