A. The maximum penalty, including fines, deferral fees in lieu of fines, incarceration, community service, loss of license or privilege, orders of abatement and costs of any court or administrative action, for the nonperformance of acts required or the committing of acts prohibited by any provision of this code may be as much as, but shall not exceed, the maximum penalty established by state statute for the same offense. Without limitation, administrative penalties for offenses with respect to the violation of specific provisions of the zoning regulations, subdivision regulations, building regulations, public nuisance regulations, animal regulations, health and safety regulations, traffic regulations, offenses under title 6 of this code, or other regulations and ordinances shall be as stated therein, respectively, or as prescribed by statute; provided, that such administrative penalties may be enforced judicially by the municipal court. (Ord. 642, 1-3-2011; amd. 2013 Code)
B. All violations of this code, including the enforcement of administrative penalties as referenced in subsection A of this section, are declared to be misdemeanors and are classified as either a class A offense or a class B offense. A person convicted of a class A offense shall be punishable by a fine not exceeding five hundred dollars ($500.00), excluding costs and fees, and no incarceration. A person convicted of a class B offense shall be punishable by a fine not exceeding one thousand dollars ($1,000.00), plus costs and fees, or incarceration in the city jail not exceeding ten (10) days, or incarceration in the Tulsa County Jail not exceeding six (6) months, or by both such fine and incarceration. (Ord. 660, 7-16-2012; amd. 2013 Code)
C. The maximum fine or deferral fee in lieu of a fine for vehicular offenses relating to speeding shall not exceed three hundred dollars ($300.00); provided, that speeding in excess of thirty five (35) miles per hour may, in the discretion of the arresting officer, be deemed reckless and subject to a fine or deferral fee up to, but not exceeding, five hundred dollars ($500.00) for the first offense, and up to, but not exceeding, one thousand dollars ($1,000.00) for a second or subsequent offense. No fine or deferral fee in connection with a parking violation shall exceed two hundred dollars ($200.00). The maximum fine or deferral fee in lieu of a fine for alcohol related or drug related vehicular offenses shall not exceed the lesser of eight hundred dollars ($800.00) or the statutory maximum, not including all applicable costs and fees. For all other offenses, the maximum fine or deferral fee in lieu of a fine that may be imposed shall be as set forth in subsection B of this section, to the fullest extent allowed by statute.
D. A maximum fine of one thousand dollars ($1,000.00), plus costs as prescribed in this code, or incarceration not to exceed ninety (90) days, or both such fine and incarceration, may be imposed for the violation of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges, as fixed by statute.
E. If any fine in excess of five hundred dollars ($500.00) or incarceration, or both such fine and incarceration, is available for any offense, the person charged shall have the right to a jury trial, which right may be waived only by such person charged. If trial by jury is waived, trial shall be to the court and an election waiving jury trial may be reversed by the defendant at any time prior to the date set for trial by the court. (Ord. 642, 1-3-2011; amd. 2013 Code)