1. If a police officer observes facts which are believed to constitute a violation of the traffic ordinances of the city committed by any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a violation of a municipal traffic ordinance, such person shall be released by the arresting officer upon personal recognizance if:
a. The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States, or any participating jurisdiction of the nonresident violator compact;
b. The arresting officer is satisfied as to the identity of the arrested person;
c. The arrested person signs a written promise to appear, as provided for on the citation; and
d. The violation does not constitute:
(1) A felony;
(2) Negligent homicide;
(3) Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances;
(4) Eluding, or attempting to elude, a law enforcement officer;
(5) Operating a motor vehicle without having been issued a valid driver’s license, or while the license is under suspension, revocation, denial or cancellation;
(6) An arrest based upon an outstanding warrant;
(7) A traffic violation coupled with an offense stated in subsections 1.d.(1) through 1.d.(6) above;
(8) An overweight violation, or the violation of a special permit exceeding the authorized permit weight; or
(9) A violation relating to the transportation of hazardous materials.
2. If the arrested person is eligible for release on personal recognizance as provided for in subsection 1. above, then the arresting officer shall, in writing, in a form prescribed by the City Council, or a duly designated delegate:
a. Designate the traffic charge;
b. Record information from the arrested person’s driver’s license on the citation form, including the name, address, date of birth, personal description, type of driver’s license, driver’s license number, issuing state and expiration date;
c. Record the motor vehicle make, model and tag information;
d. Record the arraignment date and time on the citation; and
e. Permit the arrested person to sign a written promise to appear as provided for in the citation. The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance, based upon a signed written promise to appear for arraignment, is conditional and that failure to timely appear for appear for arraignment, is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested person’s driver’s license in Oklahoma, or in the nonresident’s home state pursuant to the nonresident violator compact.
3. The Court, or the Court Clerk, as directed by the Court, may continue or reschedule the date and time of arraignment upon request of the arrested person or an attorney. If the arraignment is continued or re-scheduled, the arrested person shall remain on personal recognizance and written promise to appear until such arraignment, in the same manner and with the same consequences, as if the continued or re-scheduled arraignment were entered on the citation by the arresting officer and signed by the defendant. An arraignment may be continued or re-scheduled more than one time; provided, however, that, the Court shall require an arraignment to be had within a reasonable time. It shall remain the duty of the defendant to appear for arraignment unless the citation is satisfied as provided for in subsection 4. below.
4. A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before a requirement to appear for arraignment, by indicating such plea on the copy of the furnished citation, or on a legible copy thereof, together with the date of the plea and a signature. The defendant shall be responsible for assuring full payment of the fine and costs to the appropriate Court Clerk. Payment of the fine and costs may be made by personal, cashier’s, traveler’s, certified or guaranteed bank check, postal or commercial money order, or other form of payment approved by the Court, in an amount prescribed as bail for the offense; provided, however, that, the defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere, as provided for in this subsection 4., such plea shall be accepted by the Court and the amount of the fine and costs shall be as prescribed in this chapter as bail for the violation.
5. If, pursuant to the provisions of subsection 4. above, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter; the Municipal Court Clerk, within 120 calendar days from the date the citation was issued by the arresting officer, shall notify the Department of Public Safety that:
a. The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment, as provided for in the citation;
b. The defendant has failed to appear for arraignment without good cause shown;
c. The violation related to parking or standing, an overweight violation, an overweight permit or the transportation of hazardous materials; and
d. The citation has not been satisfied, as provided by law.
6. Additionally, the Court Clerk shall request the Department of Public Safety to either suspend the defendant’s driver’s license to operate a motor vehicle in this state, or notify the defendant’s home state and request suspension of the defendant’s driver’s license in accordance with the provisions of the nonresident violator compact. Such notice and request shall be on a form approved or furnished by the Department of Public Safety.
7. The Court Clerk shall not process the notification and request provided for in this subsection 7. if, with respect to such charges:
a. The defendant was arraigned, posted bail, paid a fine, was jailed, or otherwise settled the case;
b. The defendant was not released upon personal recognizance upon a signed written promise to appear, as provided for in this section, or if released, was not permitted to remain on such personal recognizance for arraignment;
c. The violation related to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; or
d. A period of 120 calendar days or more has elapsed from the date the citation was issued by the arresting officer.
8. The Municipal Court Clerk shall maintain a record of each request for driver’s license suspension submitted to the Department of Public Safety pursuant to the provisions of this section. When the Court or Court Clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant or otherwise closes the case, the Court Clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation, or at such other address as is furnished by the defendant. Additionally, the Court or Court Clerk shall notify the home jurisdiction of the defendant, as listed on the citation, if such jurisdiction is a member of the nonresident violator compact, and shall, in all other cases, notify the Department of the resolution of the case. The form of proof and the procedures for notification shall be approved by the Department of Public Safety; provided, however, that, the Court or Court Clerk’s failure to furnish such proof or notice in the manner provided for in this subsection 8. shall in no event create any civil liability upon the Court, the Court Clerk, the state or any political subdivision thereof, or any state department or agency, or employee thereof. Duplicate proof shall be furnished to the person entitled thereto, upon request.
9. If a resident of the city is arrested by a law enforcement officer for the violation of any traffic ordinance for which subsections 1. through 8. above do not apply, the officer shall immediately release said person if the person acknowledges receipt of a citation by signing it; provided, however, that, the arresting officer need not release said person if it reasonably appears to the officer that the person may cause self-injury or injury to others, or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property. If said person fails to appear in response to the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this article.
10. If the arrested resident is not released by being permitted to sign a citation as provided for in subsection 9., said person shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance. A fine for up to the maximum amount authorized by courts not of record may be assessed for failure of a person to have a valid driver’s license, when charged with a traffic violation.
11. If a resident or nonresident of the city, is arrested by a law enforcement officer for a violation of any ordinance for which subsections 1. through 8. above do not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.
12. The amount and conditions of bail granted pursuant to the provisions of subsections 9., 10. and 11. above shall be determined by the Judge, who shall prescribe rules for the receipt of bail and the release on personal recognizance. In the event of arrests at night, emergencies or when the Judge is not available, a court official, the Chief of Police or a designated representative may be authorized by the Judge, subject to such conditions as shall be prescribed by the Judge, to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused. The cash bond shall not exceed the maximum fine provided for by ordinance for each offense charged. The Court Official, Chief of Police or a designated representative is authorized, subject to such conditions as shall be prescribed by the Judge, to release a resident of the municipality on personal recognizance.
13. If the defendant is not eligible for release upon personal recognizance, as provided for in subsections 1. through 9. above, or is eligible but refuses to sign a written promise to appear, the officer shall deliver the person to an appropriate Judge for arraignment and the Judge shall proceed as otherwise provided for by law. If no Judge is available, the defendant shall be placed in the custody of the appropriate municipal jailor or custodian, to be held until a judge is available, or bail is posted as provided for by ordinance, before or after arraignment.
14. If a resident or nonresident is arrested for any overweight violation, a violation of a special permit exceeding authorized permit weight, or violation relating to the transportation of hazardous material, the arresting officer may release the defendant if the defendant deposits with the arresting officer appropriate bail or payment of the fine and costs in an amount and in the form as provided in this article, except currency.
15. In the event the defendant is additionally arrested for any violation for which personal recognizance is authorized pursuant to subsections 1. through 8. above, the arresting officer, for such additional violation, may either release the defendant upon such recognizance, or require bail as provided for in this subsection 15.
16. If the defendant is unable to post bail with the arresting officer, then the officer shall proceed as otherwise provided for in this section.
17. Notwithstanding any other provision of law, a juvenile may be held in custody pursuant to the provisions of this section, but shall be incarcerated separately from any adult offender; provided, however, that, the arresting officer shall not be required to:
a. Place a juvenile into custody as provided for in this section; or
b. Place any other traffic offender into custody:
(1) Who is injured, disabled or otherwise incapacitated;
(2) Whose custodial arrest may require impoundment of a vehicle containing livestock, perishable cargo or items requiring special maintenance or care; or
(3) Where, if extraordinary circumstances exist in the judgment of the arresting officer, custodial arrest should not be made.
c. In such cases, the arresting officer may designate the date and time for arraignment on the citation and release the person. If the person fails to appear without good cause shown, the Court may issue a warrant for the person’s arrest.
d. The provisions of this subsection 17. shall not be construed to:
(1) Create any duty on the part of the officer to release a person from custody;
(2) Create any duty on the part of the officer to make any inquiry or investigation relating to any condition which may justify release under this subsection 17.d.(2); or
(3) Create any liability upon any officer, the state or any political subdivision thereof, arising from the decision to release or not to release such person from custody pursuant to the provisions of this subsection 17.d.(3).
18. If the alleged offense is a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator is 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 this section, with such variation as the circumstances require. The operator of the vehicle shall be under full obligation to respond to the citation.