(A) All prosecutions for violation of ordinances of the town shall be styled “The Town of Bokchito, Oklahoma vs. (naming defendant or defendants).” Except as provided hereinafter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint, and setting forth concisely the offense charged.
(B) There is no duty on the part of the town or any of its officers or employees to formally prosecute actions in the court. In the absence of a prosecuting officer, the Judge shall proceed with the case and hear evidence and examine witnesses in such manner as he or she may deem necessary to effect justice.
(C) Any person, except a police officer or other employee of the town, filing a criminal offense complaint in the Municipal Court shall deposit with the Clerk of the court, unless waived by order of the court, the court cost fee as provided in this subchapter. The court costs so deposited by such a complainant shall be refunded to the complainant or person depositing the same upon conviction or acquittal of the defendant; the court costs shall not be refunded if the charges are dismissed at the request of the complainant who made the deposit because the complainant fails or refuses to appear in court to testify or aid in the prosecution of the charge filed by such complainant.
(D) All defects in the form or substance apparent on the face of a complaint charging a violation of an ordinance of the town, and being grounds for motion or demur, may only be raised by an accused in writing and prior to trial.
(E) A complaint may be amended in the matter of substance or form at any time before the defendant pleads, without leave, and may be amended after the plea or order of the court where the same can be done without material prejudice to the rights of the defendant. No amendment shall cause any delay of the trial, unless good cause is shown by affidavit.
(Prior Code, § 6-112)