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(A) Violation. In all prosecutions in the court for violations of ordinances punishable by fines of more than $500, plus costs, or by imprisonment or by both fine and imprisonment, trial shall be by jury unless waived by the defendant. If trial by jury is waived, trial shall be to the Court.
(B) Court costs. In addition to any other fines, penalties, or fees set forth in this Code or under Oklahoma state statute, court costs in the amount of $30 shall be assessed for each conviction for violation of this Code or other resolutions, rules, and regulations of the Town. A conviction includes any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence of judgment.
(C) Fine and Bond Schedule. The Town of Bernice Board of Trustees is granted the authority to establish a Fine and Bond Schedule, and to amend said Fine and Bond Schedule from time to time, by resolution. The Fine and Bond Schedule shall provide the minimum amount which a person may pay upon a plea of guilty or nolo contendere to violations of municipal ordinances in lieu of a court appearance and shall include fines, court costs, and any additional fees or assessments authorized by Oklahoma law. A copy of the Fine and Bond Schedule shall be maintained and updated by the Court Clerk and Deputy Court Clerk of the Town of Bernice.
(D) Work, Construction, School Zones. If an offense is committed at a location designated as a work, construction, or school zone, the fine shall be doubled not to exceed a maximum amount of $500. The bond amount, exclusive of court costs, fees, and other assessments, shall also be doubled not to exceed a maximum of $500.
(E) Additional Offenses. Any crime or offense not listed on the Fine and Bond Schedule shall be subject to a fine and/or bond in the amount provided for such offense under Oklahoma statute.
(Prior Code, § 1-9-17) (Ord. 2005-4, passed 9-12-2005; Res. 2007-008, passed 12-10-2007; Res. 2007-009, passed 12-10-2007; Ord. 2011-3, passed 12-12-2011; Ord. 2012-1, passed 1-9-2012; Ord. 2012-5, passed 6-14-2012; Ord. 1-2017, passed 1-9-2017; Ord. 03142024-3, passed 3-14-2024)
After conviction and judgment and sentence, the Judge may suspend the judgment or costs or both and allow the person convicted to be released upon his or her own recognizance. Any person so released as provided herein shall be requested to report at such times and to such person or officer as the Judge shall direct; provided, if it shall be made to appear to the Judge that such person so released has been guilty of the violation of any law after said release, or is habitually associating with lewd or vicious persons, or is indulging in vicious habits, in that event said Judge shall cause a warrant to be issued for said person and he or she shall be brought before the Court to pay any fine or serve any term of imprisonment previously suspended by the Judge as herein provided.
(Prior Code, § 1-9-18) (Ord. 2005-4, passed 9-12-2005)
The procedure in the Court shall be governed by the provisions of 11 O.S. §§ 27-101 et seq., the provisions of this chapter, and except as otherwise provided by the said statutes and chapter, the procedure applicable to the trial of misdemeanors in the District Court.
(Prior Code, § 1-9-19) (Ord. 2005-4, passed 9-12-2005)
Obedience to the rules, orders and judgments of the Court may be enforced by the Judge, by fine or imprisonment, for contempt committed as to him or her while holding court, or committed against process issued by him or her in the same manner and the same extent as the District Courts of the state.
(Prior Code, § 1-9-21) (Ord. 2005-4, passed 9-12-2005)
A Technology Fee in the amount of $10 shall be collected on every Town of Bernice municipal court citation offense, except citations that are voided, declined for prosecution, dismissed without payment of costs, or for which the defendant is acquitted.
(A) This assessment shall be in addition to and not a substitution for any and all fines and penalties otherwise provided for in this Code or under Oklahoma law.
(B) The revenue generated by the Technology Fee shall be used for the operation and maintenance of the Town of Bernice criminal justice system and costs of prosecution.
(Ord. 03142024-2, passed 3-14-2024)
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