(A) If a police officer observes facts which he or she believes constitute a violation of the traffic ordinances of this municipality, committed by a resident thereof, in lieu of arresting such a person, he or she may take his or her name, address, operator’s license number, and registered license number of the motor vehicle involved and any other pertinent and necessary information and may issue him or her, in writing in the form prescribed by the Mayor or his or her duly designated delegate, a traffic citation embracing the above information and also stating the traffic violation alleged to have occurred, and notifying him or her to answer to the charge against him or her at a time, not later than ten days thereafter, specified in the citation. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation to answer as specified, may then release the person from custody. If the person to whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this article.
(B) If the alleged traffic violation is committed by a nonresident or resident of this municipality, the police officer may:
(1) Release the person after obtaining sufficient information as set out in subsection (A) above of this section, pending his or her appearance on a day certain in Municipal Court, as specified in the citation after the person:
(a) Posts cash bail;
(b) Deposits with the arresting officer a guaranteed arrest bond certificate; or
(c) Deposits with the arresting officer a valid license to operate motor vehicle in exchange for a receipt therefor issued by the arresting officer as provided in § 34-25.
(2) Take the person in custody and demand that bond for the offense charged be posted according to the provisions of this article; or
(3) Take the person into custody under arrest. The arrested person either shall be taken immediately before the Municipal Judge for further proceedings according to law or shall have bail fixed for his or her release in accordance with the provisions of this article. Upon providing bail as fixed, and upon giving his or her written promise to appear upon a day certain, as provided in subsection (A) above of this section, the person shall be released from custody.
(C) If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, the police officer shall place on the vehicle, at a place reasonably likely to come to the notice of the operator, a citation conforming substantially to that prescribed in subsection (A) or (B) above of this section, with such variation as the circumstances require; the operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him or her personally under subsection (A) or (B) above of this section.
(Prior Code, § 34-20) (Ord. 738, passed 7-17-1978)
Statutory reference:
Traffic procedures generally, see 22 O.S. §§ 1115.1 et seq.