CHAPTER 4
GENERAL PENALTY

SECTION:

1-4-1: General Penalty; Judicial Relief

1-4-2: Maximum Fine Allowed

1-4-3: Application Of Provisions

1-4-4: Liability Of Officers

1-4-1: GENERAL PENALTY; JUDICIAL RELIEF:

   A.   General Penalty:

      1.   Whenever, in this code or any ordinance of the city, an act is prohibited, is made or declared to be unlawful, an offense or misdemeanor, or wherever in this code the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or of any such ordinance shall be punishable by a fine in any amount not exceeding the limits established in section 1-4-2 of this chapter.

      2.   Each day on which any violation of this code or of any ordinance shall continue shall constitute a separate offense and shall be punishable as such.

   B.   Judicial Relief: No penalty imposed by, and pursuant to, this code shall interfere with the right of the city also to apply to the proper courts of the state of Oklahoma for a mandamus, an injunction or other appropriate action against such person, firm or corporation. (1991 Code § 8-20)

1-4-2: MAXIMUM FINE ALLOWED 1 :

The municipal judge may impose a maximum fine of five hundred dollars ($500.00) and costs, or imprisonment not exceeding six (6) months, or both the fine and imprisonment. (2013 Code)

 

Notes

1	1. See section 1-9-7 of this code for bond schedule and fines.

1-4-3: APPLICATION OF PROVISIONS:

   A.   Application Of Penalty: The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section.

   B.   Acts Punishable Under Different Sections: In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

   C.   Breach Of Provisions: Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (2013 Code)

1-4-4: LIABILITY OF OFFICERS:

No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (2013 Code)