(a) Prior to imposing a civil penalty pursuant to this subpart, the City of Midfield shall first mail a notice of violation by certified United States mail, return receipt requested, to the owner of the motor vehicle which is recorded by the automated photographic speeding enforcement system that committed a speeding violation. The notice shall be sent not later than the 30th day after the date the speeding violation is recorded to the following:
(1) The owner’s address as shown on the registration records of the Alabama Department of Revenue.
(2) If the vehicle is registered in another state or country, to the owner’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Alabama Department of Revenue.
(b) A notice of violation issued under this subpart shall contain the following:
(1) Description of the speeding violation alleged.
(2) The date, time, and location of the violation.
(3) A copy of recorded images of the vehicle involved in the violation.
(4) The amount of the civil penalty to be imposed for the violation.
(5) The date by which the civil penalty must be paid.
(6) A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing.
(7) Information that informs the person named in the notice of violation of the following:
a. The right to contest the imposition of the civil penalty in an administrative adjudication.
b. The manner and time in which to contest the imposition of the civil penalty.
c. That failure to pay the civil penalty or to contest liability is an admission of liability.
(8) A statement that a recorded image is evidence in a proceeding imposition of a civil penalty.
(9) A statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty not exceeding twentyfive dollars ($25).
(10) Any other information deemed necessary by the city.
(c) A notice of violation under this subpart is presumed to have been received on the 10th day after the date the notice of violation is placed in the United States mail.
(d) The civil penalty imposed shall be paid within 30 days of the 10th day after the date the notice of violation is mailed.
(e) It shall be within the discretion of the trained technician to determine which of the recorded speeding violations are prosecuted based upon the quality and legibility of the recorded image. In lieu of issuing a notice of violation, the city may mail a warning notice to the owner during the initial warning period.
Last modified: May 3, 2021