A. Except as otherwise provided by state law or this code, whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or, whenever in this code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any provision of this code or of any ordinance, upon conviction, shall be punished by a fine of not to exceed seven hundred fifty dollars ($750.00). The maximum fine or deferred fee for traffic related offenses relating to speeding or parking shall not exceed two hundred dollars ($200.00). Each day or any portion of a day during which any violation of this code or of any ordinance shall continue shall constitute a separate offense.
B. Any person who violates any of the following offenses or provisions of this code shall, upon conviction, be punished by a fine, not to exceed seven hundred fifty dollars ($750.00), plus costs, or by imprisonment not to exceed sixty (60) days, or by both fine and imprisonment except that possession of marijuana, DUI, APC, DWI, possession of drug paraphernalia and DUI drugs shall carry upon conviction, a fine not to exceed eight hundred dollars ($800.00) and/or imprisonment for a period of up to sixty (60) days:
1. Prostitution, section 10-404 of this code.
2. Keeping or residing in a house of prostitution, section 10-404 of this code.
3. Marijuana, section 10-402 of this code, excluding medical marijuana, as provided for in Article VII of Chapter 8 of the Duncan Code of Ordinance.
4. Drug paraphernalia, section 10-403 of this code.
5. Reckless driving, section 15-522 of this code.
6. Driver's license, section 15-211 of this code.
7. Operation of vehicle on invalid or suspended license, section 15-212 of this code.
8. Driving under the influence of alcohol, section 15-525 of this code.
9. Driving while under the influence of drugs, section 15-524 of this code.
10. Public intoxication, section 10-401 of this code.
11. Transporting open container of beer, section 3-212 of this code.
12. Transporting open container of liquor, section 3-115 of this code.
13. No or expired insurance, section 15-226 of this code.
14. Petit larceny, section 10-201 of this code.
15. Failure to obey citation, appear in court, section 15-220 of this code.
16. Failure to obey an order of this court, section 6-118 of this code.
17. Assault and battery, section 10-501 of this code.
18. Assault or battery upon police or other law officer, section 10-603 of this code.
19. Eluding police officer, section 10-613 of this code.
20. Rules and regulations adopted by lake commission and approved by city council, section 11-208 of this code.
21. Tampering with utilities, section 10-206 of this code.
22. Conviction on a second violation of the same offense within a twelve (12) month period, excluding parking violations and speeding violations, part 15 of this code.
24. Violation of Resisting a Police Officer as specifically provided for in 10-601 section "E" and/or Section "F" of this code.
C. The amount of court costs shall not exceed costs allowed pursuant to 11 Oklahoma Statutes section 27-126,
D. Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in this section.
E. A person who does any of the following acts or omissions shall be guilty of an offense and upon conviction shall be subject to a fine ofup to one thousand dollars ($1,000.00) per day and the costs for each day during which the act or omission continues to occur or thirty (30) days in jail for each said conviction or both a fine and incarceration. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of twenty-five percent (25%) of the unpaid balance, and interest shall accrue thereafter at the statutory rate recognized by district court. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
1. Violates an effluent standard of limitation imposed by the pretreatment program;
2. Violates the terms or conditions of a permit issued pursuant to the pretreatment program;
3. Fails to complete a filing requirement of the pretreatment program;
4. Fails to allow or perform an entry, inspection, monitoring or reporting requirement of the pretreatment program; or
F. Those individuals found guilty of violating section 15-309 of this code requiring the wearing of seat belts by both passengers and drivers shall be assessed a fine and costs not to exceed twenty dollars ($20.00). Said twenty dollars ($20.00) shall not include a ten dollar ($10.00) CLEET (council on law enforcement education and training) assessment which the state requires the municipal court to collect and disburse to the appropriate state agency. (Ord. 1500, 3-28-2000; amd. Ord. 1519, 1-9-2001; Ord. 1642, 12-12-2006; Ord. 1654, 8-14-2007; Ord. 1716, 3-12-2013; Ord. 1724, 4-22-2014; Ord. 1745, 11-10-2015; Ord. 1814, 10-27-2020; Ord. 1848, 9-12-2023; Ord. 1851, 12-12-2023)
Notes
| 1 | 1. 11 OS §§ 14-111, 27-119. |