§ 1-9. Schedule of fines; administrative adjudication.

(a)

Voluntary settlement of violations; exceptions. With the exception of the following violations, the council shall have power to establish a list of violations of this Code and other ordinances of the city, and to prescribe a fine for each such violation which may be settled voluntarily, without any costs, unless otherwise required by law, by the person charged with any such violation by an administrative adjudication in the manner prescribed in this section. The violations excepted are:

(1)

Violations resulting in personal injury.

(2)

Operation or possession of a motor vehicle while intoxicated.

(3)

Reckless driving.

(4)

Operation of a motor vehicle without an operator's license or while license is suspended or revoked, and for any other driver's license offense.

(5)

Where the alleged offense is a moving violation and the alleged offender has previously been convicted of two or more moving violations within the preceding 12 months.

(6)

Failure to report an accident.

(7)

Leaving the scene of an accident causing personal injury.

(8)

Racing.

(9)

Reckless driving in a parking lot.

(10)

Disregarding a school bus signal.

(11)

Any traffic infraction for which a fine has been prescribed by rule.

(b)

Procedure for disposition of traffic infractions; minor misdemeanors. The procedure for disposition of traffic infractions and minor misdemeanors is as follows:

(1)

A defendant charged with a traffic infraction or minor misdemeanor where a schedule of fines has been prescribed by rule or ordinance or pursuant thereto may, within seven days or, in the discretion of the magistrate, not later than 24 hours before the court date shown on the ticket:

a.

Appear in person at the city magistrate's office, sign a plea of guilty and waiver of trial provision on the ticket or other form provided by the city, and pay the required fine and costs, a copy of which ticket or form shall be retained by the magistrate.

b.

Sign the guilty plea and waiver of trial provisions on the ticket or form provided and mail the ticket and the amount of the required fine and costs to the clerk of the court, or fill in the required information and forms online, and remit the appropriate fine and costs by online payment, when such procedure is established by the city. Remittance by mail or online payment of such fine and costs constitutes a guilty plea and waiver of trial whether or not the guilty plea and waiver of trial provision on the ticket or other form provided by the city is signed by the defendant. Should the amount tendered be insufficient, the money received by the magistrate or clerk shall be considered to be a partial payment of the lawful penalty, applied by the clerk to the fines and costs and disbursed as required by law. The clerk may give notice of this insufficiency and a supplemental summons or warrant of arrest shall be issued for the offender's arrest and a judgment shall be entered by the court for the balance of the penalty due.

(2)

When a defendant fails to appear pursuant to a ticket issued to him or any bond executed by him, the court shall issue a supplemental summons or warrant and forfeit bail according to law. The case thereafter shall be disposed of as a court case upon the arrest of the defendant, but nothing in this section shall prevent the defendant from making bail or bond anew in the same manner as other defendants.

(3)

Fines and costs from the summary disposition of minor traffic infractions and misdemeanors shall be paid to the clerk of the court, who shall dispense these funds as provided by law; provided, however, that the magistrates serving outside the office of clerk shall transfer all records, including the ticket and plea of guilty, within 48 hours of receipt thereof, and all fines and costs in accordance with rules adopted by the administrative director of courts.

(c)

Schedules of fines for traffic infractions. The schedules of fines for traffic infractions are as follows:

(1)

If a defendant elects to plead guilty before a magistrate to any of the traffic offenses listed in the schedule below, the fine established in the schedule shall apply in the municipal court of the city, as follows:

Stopping on highway ..... $30.00

Driving on wrong side of road ..... 30.00

Failure to dim ..... 10.00

Failure to stop at railroad crossing ..... 10.00

Failure to yield right-of-way ..... 20.00

Following too closely ..... 20.00

Improper brakes ..... 20.00

Improper lights ..... 20.00

Improper mufflers ..... 10.00

Improper passing ..... 20.00

Improper signal ..... 10.00

Improper tag ..... 25.00

Improper turn ..... 20.00

No helmet (motorcycle rider) ..... 10.00

Running red light ..... 20.00

Running stop sign ..... 20.00

Speeding (unaggravated cases, less than 25 miles per hour over limit) ..... 20.00

(2)

The following schedule of additional offenses and fines for traffic infractions is hereby established in which the defendant may appear before the magistrate of the municipal court of the city and plead guilty without the necessity of appearing before a judge:

Violation of child restraints ..... $25.00

Improper lane ..... 20.00

Seatbelt violation ..... 25.00

Avoiding traffic device ..... 10.00

Avoiding barrier ..... 10.00

The above schedule of offenses and fines for traffic infractions does not violate any of the provisions of rule 20(A) of the Alabama Rules of Judicial Administration.

(3)

The magistrate of the municipal court of the city may not accept a defendant's guilty plea for an offense not included in the schedule established in subsection (c)(1) of this section and the defendant shall be subject to the criminal contempt power of the municipal court of the city.

(4)

This schedule of fines and offenses for which a defendant may plead guilty before the magistrate of the municipal court of the city shall be distributed to the clerk of the court and to all law enforcement agencies and officers operating within the city and shall be promptly displayed in the offices of the magistrate and the clerk of the court. Any defendant who elects to plead guilty to an offense listed in the schedules established in this section must complete and sign a guilty plea and waiver form approved by the administrative office of courts and submit such form to the magistrate before the plea can be accepted.

(Code 1994, § 1-10)