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The Chief of Police, or some officer acting for him or her, shall be the Marshal of the Court. All writs or processes shall be directed to the Chief of Police of the municipality who, either by himself or herself, or by some member of his or her Department and at his or her direction, shall execute such writs and processes as required by law.
(Prior Code, § 1-9-9) (Ord. 2005-4, passed 9-12-2005)
All prosecutions for violation of ordinances for the municipality shall be styled “The Town of Bernice vs. “. Except as provided in § 34.13 of this chapter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint, shall be verified before a Judge, the Court Clerk, a Deputy Court Clerk or a police officer. No warrant for arrest shall be issued until the complaint has been approved by the Judge of the Municipal Court.
(Prior Code, § 1-9-10) (Ord. 2005-4, passed 9-12-2005)
(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
(A) Upon the filing of a complaint charging the violation of an ordinance, the Judge, unless he or she determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation, or has been arrested and has given bond for appearance, shall issue a summons naming the person charged, specifying his or her address or place of residence, if known, stating the offense with which he or she is charged and giving him or her notice to answer the charge in the court of a day certain, containing a provision for the official return of the summons and including such other pertinent information as may be necessary.
(B) The summons shall be served by delivering a copy of said summons to the defendant personally. If he or she fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his or her arrest as prescribed in § 34.13 of this chapter.
(Prior Code, § 1-9-12) (Ord. 2005-4, passed 9-12-2005)
Except as otherwise provided in the ordinances of the municipality upon filing of a complaint approved by the Judge of the Court, there shall be issued a warrant of arrest in substantially the following form:
The Town of Bernice: to the Marshal of the Municipal Court of Bernice, Oklahoma, Complaint upon oath having this day been made by (naming complainant) that the offense of (naming the offense in particular but general terms) has been committed and accusing (name defendant) and (him, her or them) before me, at (name the place) . Witness my hand this day of , 20 . Judge of the Municipal Court of Bernice, Oklahoma |
(Prior Code, § 1-9-13) (Ord. 2005-4, passed 9-12-2005)
Upon arrest, or when required by the Judge, before or after arraignment, the defendant shall be eligible to be released upon conditions fixed by the Judge who shall prescribe appropriate rules of Court for the receipt of bail. In the event of arrests at night, or under other emergency conditions, or when the Judge is not available, the rules shall authorize the Chief of Police, or his or her designated representative, to accept a temporary cash bond of not less than $10, nor more than the maximum monetary penalty provided by ordinance for such offense charged.
(Prior Code, § 1-9-14) (Ord. 2005-4, passed 9-12-2005)
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