(A) Resident.
(1) A police officer of the municipality who makes a complaint against a resident of the municipality for the commission of a traffic violation, in lieu of arresting such person at the time of the commission of the offense, may take the name, address and operator’s license number of said person, the registered number of the motor vehicle involved and such other pertinent information as may be necessary, and shall issue to him or her in writing on a form provided by the President of the Board of Trustees or his or her delegate a traffic citation containing notices to answer to the charge against him or her in the Municipal Court of the municipality. The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation, shall release such person from custody. If the alleged violator refuses to give his or her written promise to appear, he or she shall be taken into custody under arrest.
(2) A police officer of the municipality who makes a complaint against any person for the violation of an ordinance regulating the parking of vehicles, and the operator thereof is not present, shall place in a conspicuous place on the vehicle a parking citation substantially conforming to the prescribed in division (A)(1) above with such variations as may be required. The operator of the vehicle shall answer the citation the same as if issued to him or her personally as in division (A)(1) above.
(B) Non-resident. A police officer of the municipality who makes a complaint against a non-resident of the municipality for the commission of a traffic violation shall arrest such person and either take him or her immediately before the Judge of the Court or admit him or her to bail in accordance with this chapter and the rules prescribed by the Judge of the Court pursuant thereto.
(Prior Code, § 1-9-11) (Ord. 2005-4, passed 9-12-2005)
Statutory reference:
Traffic violations complaint, see 11 O.S. § 27-117