reglab/housing_qa huggingface dataset:
AL Code § 45-41A-40.17 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.17 - Freedom of the Authority From State Supervision and Control.

Section 45-41A-40.17Freedom of the authority from state supervision and control. This part is intended to aid the state through the furtherance of the purposes of this part by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this part, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the issuance of any bonds, the execution of any mortgage and deed of trust or trust indenture, or the exercise of any other of its powers by the authority. Neither a public hearing nor the consent of the State Department of Finance shall be a prerequisite to the issuance of bonds by the authority. The authority shall hold a public hearing before approving or obligating the expenditure of any tax revenues received by the authority from the city, any county, the state, or federal governments. Such notice shall be advertised in a newspaper of general circulation in Lee County, Alabama, and the notice shall be published not less than seven days prior to the hearing. (Act 84-415, p. 981, §18.)
AL Code § 45-41A-40.18 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.18 - Earnings of the Authority.

Section 45-41A-40.18Earnings of the authority. The authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the city. (Act 84-415, p. 981, §19.)
AL Code § 45-41A-40.19 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.19 - Dissolution of Corporation.

Section 45-41A-40.19Dissolution of corporation. At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record a certified copy of the resolution in the office of the Judge of Probate of Lee County, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to the city. (Act 84-415, p. 981, §20.)
AL Code § 45-41A-40.20 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.20 - Existence of Authority to Prevent Subsequent Incorporation.

Section 45-41A-40.20Existence of authority to prevent subsequent incorporation. The existence of the authority incorporated under this part shall prevent the subsequent incorporation hereunder of another authority pursuant to authority granted by this part. (Act 84-415, p. 981, §21.)
AL Code § 45-41A-40.21 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.21 - Power of Eminent Domain.

Section 45-41A-40.21Power of eminent domain. The authority is hereby granted the power of eminent domain and may exercise such power for the purpose of obtaining real property or any interest therein for any project it undertakes in the manner provided by law for the exercise of the power of eminent domain by municipalities. (Act 84-415, p. 981, §22.)
AL Code § 45-41A-40.22 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.22 - Loans, Sales, Grants, etc., of Money, Property, etc., to the Authority by Counties, Municipalities, Etc.

Section 45-41A-40.22Loans, sales, grants, etc., of money, property, etc., to the authority by counties, municipalities, etc. For the purpose of effecting the revitalization and redevelopment of the central business district of the city, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state, upon such terms and with or without consideration, may as it may determine, do all of the following: (1) Lend or donate money to or perform services for the benefit of the authority. (2) Donate, sell, convey, transfer, lease, or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein, and any franchise. (3) Do any and all things, whether or not specifically authorized in this part and not otherwise prohibited by law, that are necessary or convenient in connection with aiding and cooperating with the authority in its efforts to revitalize and redevelop the central business district of the city. (Act 84-415, p. 981, §23.)
AL Code § 45-41A-40.23 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.23 - Provisions Cumulative.

Section 45-41A-40.23Provisions cumulative. The provisions of this part are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with this part. (Act 84-415, p. 981, §24.)
AL Code § 45-41A-41 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41 - Short Title; Adoption of Procedures.

Section 45-41A-41Short title; adoption of procedures. (a) This part shall be known and may be cited as the Opelika Red Light Safety Act. (b) The City of Opelika, Alabama, by ordinance, may adopt the procedures set out in this part. (Act 2011-524, p. 843, §1.)
AL Code § 45-41A-41.01 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.01 - Legislative Findings.

Section 45-41A-41.01Legislative findings. The Legislature finds and declares the following: (1) Accident data establishes that vehicles running red lights have been and are a dangerous problem in Opelika, Alabama. (2) Studies have found that automated traffic camera enforcement in a municipal area is a highly accurate method for detecting red light violations and is very effective in reducing the number of red light violations and decreasing the number of traffic accidents, deaths, and injuries. (3) Current Alabama law provides that failing to stop and remain stopped at a traffic-control signal which is emitting a steady red signal is a criminal misdemeanor. Under Alabama law one who commits such a misdemeanor is subject to prosecution only if the misdemeanor was witnessed by either a duly empowered police officer or other witness who makes a verified complaint to a sworn magistrate. (4) Many jurisdictions have adopted laws that allow use of automated photographic traffic enforcement, and the Legislature finds that it should adopt legislation implementing a program for automated photographic enforcement of traffic signal violations; which the Legislature finds is consistent with this part. (5) By allowing a program for use of automated traffic signal enforcement by the City of Opelika, the Legislature hopes to both decrease the rate of traffic signal violations and learn more about the effectiveness and fairness involved in the use of the automated systems. (Act 2011-524, p. 843, §2.)
AL Code § 45-41A-41.03 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.03 - Utilization of Photographic Traffic Signal Enforcement System.

Section 45-41A-41.03Utilization of photographic traffic signal enforcement system. (a) The city is empowered to utilize a photographic traffic signal enforcement system to detect and record traffic signal violations, to issue notices of civil violations by mail, and to prosecute civil violations for the recorded traffic signal violations which may occur within the corporate limits of the city as provided in this part. A civil fine assessed under this part shall not exceed one hundred dollars ($100), and municipal court costs shall be assessed only in contested cases in the same manner and in the same amounts prescribed for a municipal criminal traffic-control device violation prosecuted as a misdemeanor under Sections 32-5A-31, 32-5A-32, and 32-5A-35, or any combination thereof. An additional fee of ten dollars ($10) shall be collected in connection with notices issued under this part. Court costs collected pursuant to this part shall be distributed in the same manner as prescribed by law for the distribution of municipal court costs for misdemeanor violations. An additional fee of ten dollars ($10) shall be collected by the Opelika Municipal Court in connection with notices issued under this part to be paid to the Alabama Criminal Justice Information Center and deposited in the State Treasury as compensation for record keeping and transaction processing with respect to violation notices issued under this part. (b) The city shall cause a sign to be posted at each of a minimum of five roadway entry points to the city to provide motorists with notice that photographic traffic signal enforcement systems are in use. The sign shall comply with this requirement if it states substantially the following: "AUTOMATED CAMERAS USED IN RED LIGHT ENFORCEMENT," or if it otherwise gives sufficient notice. (c) Prior to operating a photographic traffic signal enforcement system, the city shall make a public announcement and conduct a public awareness campaign of the use of a photographic traffic signal enforcement system a minimum of 30 days before using the devices. The city may place photographic traffic signal enforcement systems at locations without notice of the specific location, may change locations without public notice, and may install and move as needed decoy devices designed to resemble photographic traffic signal enforcement systems. (d) The city shall post a sign or signs at each intersection at which a device is located informing motorists that a photographic traffic signal enforcement system is in operation at the intersection. (Act 2011-524, p. 843, §4.)
AL Code § 45-41A-41.04 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.04 - Notice of Violation.

Section 45-41A-41.04Notice of violation. (a) Prior to imposing a civil penalty under this part, the city shall first mail via first class United States mail a notice of violation to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement system while committing a traffic signal violation. The notice shall be sent not later than the 30th day after the date the traffic signal violation is recorded to: (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 part shall contain the following: (1) A description of the 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: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication. b. Of 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 for the 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 twenty-five dollars ($25) for each month after the issuance of the order imposing the civil penalty. (10) Any other information deemed necessary by the department or the city. (c) A notice of violation under this part 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)(1) It shall be within the discretion of the trained technician to determine which of the recorded traffic signal 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. (2) 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 2011-524, p. 843, §5.)
AL Code § 45-41A-41.06 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.06 - Order of Municipal Court; Judicial Review.

Section 45-41A-41.06Order of municipal court; judicial review. (a) Following an adjudicative hearing, the municipal court judge shall issue an order stating: (1) Whether the person charged with the civil violation is liable for the violation. (2) If charged with a civil violation the amount of the civil fine assessed against the person, along with the fees and costs of court provided for herein. (b) The orders issued under this section may be filed in the office of the Judge of Probate of Lee County, Alabama, and shall operate as a judicial lien in the same manner and with the same weight and effect as any other civil judgment filed therein. (c) A person who is found liable after an adjudicative hearing may appeal that finding of civil liability to the Circuit Court of Lee County, Alabama, by filing a notice of appeal with the clerk of the municipal court. The notice of appeal must be filed not later than the 14th day after the date on which the municipal court judge entered the finding of civil liability. The filing of a notice of appeal shall stay the enforcement of the civil fine penalty. An appeal shall be determined by the circuit court by trial de novo. (Act 2011-524, p. 843, §7.)
AL Code § 45-41A-41.07 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.07 - Appellate Review.

Section 45-41A-41.07Appellate review. The circuit court hearing an appeal shall use the procedures that apply to criminal convictions in municipal court with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing to not be responsible, no municipal court costs shall be owed to the city. (3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court. (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court. (5) The city shall be responsible for providing an attorney to represent the city and to prosecute the civil proceedings in the circuit court. (Act 2011-524, p. 843, §8.)
AL Code § 45-41A-41.08 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.08 - Identifying Owner of Vehicle.

Section 45-41A-41.08Identifying owner of vehicle. In the event the evidence produced by a photographic traffic signal enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this part. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility. (Act 2011-524, p. 843, §9.)
AL Code § 45-41A-41.09 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.09 - Late Fees; Record of Civil Violations.

Section 45-41A-41.09Late fees; record of civil violations. The city may provide by ordinance that late fees not exceeding twenty-five dollars ($25) per month for each month after the issuance of the order imposing the civil fine shall attach to untimely paid civil fines that are authorized in this part. No person may be arrested or incarcerated for nonpayment of a civil fine or late fee. No record of an adjudication of civil violation made under this part shall be listed, entered, or reported on any criminal record or driving record, whether the record is maintained by the city or an outside agency. An adjudication of civil violation provided for in this part shall not be considered a conviction for any purpose, shall not be used to increase or enhance punishment for any subsequent offense of a criminal nature, shall not be considered a moving violation, and shall not be used by any insurance company to determine or affect premiums or rates. The fact that a person is held liable or responsible for a civil fine for a red light violation shall not be used as evidence that the person was guilty of negligence or other culpable conduct, and any evidence in other proceedings if it is or becomes admissible under the rules of evidence applicable therein. (Act 2011-524, p. 843, §10.)
AL Code § 45-41A-41.10 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.10 - Statistical Data.

Section 45-41A-41.10Statistical data. The city shall adopt the procedures authorized by this part, and shall keep statistical data regarding the effectiveness of photographic traffic signal enforcement systems in reducing traffic-control device violations and intersectional collisions and shall communicate the data on an annual basis to the Alabama Department of Transportation and the Alabama Criminal Justice Information Center. (Act 2011-524, p. 843, §11.)
AL Code § 45-41A-41.11 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.11 - Control Devices and Timing.

Section 45-41A-41.11Control devices and timing. The placement of control devices and timing of yellow lights and red light clearance intervals, adopted by the city, shall conform to the most recent edition of the Traffic Engineering Handbook. It shall be presumed that the city is in compliance with this section unless the contrary is shown by a preponderance of the evidence. (Act 2011-524, p. 843, §12.)
AL Code § 45-41A-41.12 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.12 - Criminal Violations.

Section 45-41A-41.12Criminal violations. No civil penalty may be imposed and no adjudication of liability for a civil violation may be made under this part if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Article 2, commencing with Section 32-5A-30, Chapter 5A, Title 32, including, but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances which were recorded by the photographic traffic signal enforcement system. (Act 2011-524, p. 843, §13.)
AL Code § 45-41A-41.13 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 2 - Law Enforcement.|Section 45-41A-41.13 - Civil Action Against Person Operating Vehicle.

Section 45-41A-41.13Civil action against person operating vehicle. Any person against whom an adjudication of liability for a civil violation is made under this part, or the ordinance passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a cause of action against any person who may be shown to have been operating a vehicle recorded at the time of the violation for the amount of the civil fine actually paid plus any consequential or compensatory damages and a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity. Provided, however, that as a condition precedent to the bringing of a civil action, that the person held responsible for payment of a civil fine shall first make written demand on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement. Any cause of action brought pursuant to this section shall be commenced within two years from the date of the payment of the civil fine for a red light violation. (Act 2011-524, p. 843, §14.)
AL Code § 45-41A-42 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 3 - Police Jurisdiction.|Section 45-41A-42 - Police Jurisdiction in Counties in Which Lie Opelika Corporate Limits.

Section 45-41A-42Police jurisdiction in counties in which lie Opelika corporate limits. (a) The City of Opelika shall not exercise police jurisdiction in any county unless a part of its corporate limits also lies in the county. The City of Opelika shall not exercise taxing powers nor shall it enforce any ordinance, subdivision regulation, or sanitation regulation in any county unless a part of its corporate limits lies in the county. (b) Nothing in this section shall prohibit the City of Opelika from exercising police jurisdiction within Lee County or any other county into which the corporate limits may extend. (Act 91-303, p. 560, §§1, 2; Act 91-334, p. 653, §§1, 2.)