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Harrah Overview
Harrah, OK Code of Ordinances
CITY CODE of HARRAH, OKLAHOMA
ORDINANCES PENDING REVIEW FOR CODIFICATION
CHARTER OF THE CITY OF HARRAH, OKLAHOMA
PART 1 GENERAL PROVISIONS
PART 2 ADMINISTRATION AND GOVERNMENT
PART 3 ALCOHOLIC BEVERAGES
PART 4 ANIMALS
PART 5 BUILDING REGULATIONS AND CODES
PART 6 COURT
CHAPTER 1 MUNICIPAL COURT
6-101: ORGANIZATION OF MUNICIPAL COURT1:
6-102: DEFINITIONS:
6-103: JURISDICTION OF COURT:
6-104: JUDGE, QUALIFICATIONS:
6-105: TERM OF JUDGE:
6-106: ALTERNATE JUDGE:
6-107: ACTING JUDGE:
6-108: APPOINTMENT OF JUDGE AND ALTERNATE JUDGE:
6-109: SALARY AND PAYMENTS TO JUDGES:
6-110: REMOVAL OF JUDGES:
6-111: VACANCY IN OFFICE OF JUDGE:
6-112: DISQUALIFICATION OF JUDGE:
6-113: COURT MARSHAL, DUTIES:
6-114: CLERK OF THE COURT, DUTIES, DEPOSIT OF FUNDS:
6-115: PROSECUTING ATTORNEY, DUTIES, CONFLICT OF INTEREST:
6-116: BOND OF COURT CLERK:
6-117: BOND OF JUDGE1:
6-118: PROCEDURE, JUDICIAL NOTICE OF STATUTES AND ORDINANCES, WRITS AND PROCESS:
6-119: RULES OF COURT, CONDUCT OF JUDGE:
6-120: ENFORCEMENT OF RULES:
6-121: WRITTEN COMPLAINTS TO PROSECUTE ORDINANCE VIOLATIONS:
6-122: PROCEDURES FOR ISSUING CITATION, CUSTODY, ARREST, RIGHT TO BAIL:
6-123: FAILURE TO APPEAR ACCORDING TO TERMS OF BOND, FORFEITURE:
6-124: FINES IN LIEU OF APPEARANCE:
6-125: SUMMONS:
6-126: FORM OF ARREST WARRANT:
6-127: PROCEDURES FOR BAIL OR BOND:
6-128: TRAFFIC BAIL BONDS:
6-129: ARRAIGNMENT AND PLEADINGS BY DEFENDANT:
6-130: TRIALS AND JUDGMENTS:
6-131: TRIAL BY JURY AND WAIVER1:
6-132: JURORS AND JURY TRIAL PROCEDURES:
6-133: WITNESS FEES:
6-134: EXECUTION OF SENTENCE:
6-135: ENFORCEMENT OF PAYMENT OF FINES OR COSTS BY IMPRISONMENT, PERSONS UNABLE TO PAY:
6-136: DEFERRED SENTENCE, SUSPENSION OF JUDGMENT OR COST, RECONFINEMENT, ADMINISTRATIVE FEE:
6-137: SUPERVISION OF JUVENILES ON PAROLE OR PROBATION:
6-138: DOCKET REQUIRED:
6-139: SECURITY FOR COSTS REQUIRED:
6-140: AMENDMENTS TO PROCESS, PLEADINGS:
6-141: FINES, FEES AND COSTS:
6-142: APPEALS:
6-143: COLLECTION FEE:
6-144: TECHNOLOGY FEE:
CHAPTER 2 SPECIFIC PROVISIONS RELATED TO TRAFFIC CASES
PART 7 FINANCE AND TAXATION
PART 8 HEALTH AND SANITATION
PART 9 LICENSING AND BUSINESS REGULATIONS
PART 10 OFFENSES AND CRIMES
PART 11 PARKS, RECREATION AND CULTURAL AFFAIRS
PART 12 PLANNING, ZONING AND DEVELOPMENT
PART 13 PUBLIC SAFETY
PART 14 STREETS AND PUBLIC WORKS
PART 15 TRAFFIC AND VEHICLES
PART 17 UTILITIES
PART 18 FLOOD AND DRAINAGE CONTROL MANAGEMENT
APPENDICES
ORDINANCE DISPOSITION TABLE
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6-106: ALTERNATE JUDGE:
   A.   There shall be appointed for each judge of the court an alternate judge possessed of the same qualifications as the judge. His appointment shall be for the same term and made in the same manner as the judge. He shall sit as acting judge of the court in any case if the judge is:
      1.   Absent from the court;
      2.   Unable to act as judge; or
      3.   Disqualified from acting as judge in the case. (Prior Code, Sec. 12-8)
6-107: ACTING JUDGE:
If at any time there is no judge or alternate judge, duly appointed and qualified, available to sit as judge, the mayor shall appoint some person, possessing the qualifications required by this chapter for the judge, who shall preside as acting judge over the court in the disposition of pending matters until such time as a judge or alternate judge shall be available. (Prior Code, Sec. 12-8)
6-108: APPOINTMENT OF JUDGE AND ALTERNATE JUDGE:
Judges and alternate judges shall be appointed by the mayor with the consent of the governing body. A proposed appointment shall be submitted in writing to the governing body at the next to the last regularly scheduled meeting prior to the day upon which the appointment is to take effect, and shall be acted upon at the next regularly scheduled meeting. The governing body may decide upon the proposed appointment by a majority vote of a quorum present and acting. Failure of decision upon a proposed appointment shall not prevent action thereon at a later regularly scheduled meeting of the governing body unless the mayor, in writing, withdraws the proposed appointment. (Prior Code, Sec. 12-9)
6-109: SALARY AND PAYMENTS TO JUDGES:
   A.   The judge shall receive a salary as set by the city board, payable in the same manner as other officers. The governing body shall provide for compensation of acting or alternate judge of the court.
   B.   An alternate judge or an acting judge shall be paid for each day devoted to the performance of his duties, except that, for any month, the total payments so calculated shall not exceed the salary of the judge in whose stead he sits. An alternate or acting judge who sits for an entire month shall receive the amount specified in this chapter as the salary of the judge in whose stead he sits. (Prior Code, Sec. 12-44)
6-110: REMOVAL OF JUDGES:
   A.   Judges shall be subject to removal from office, by the governing body, for the causes prescribed by the constitution and laws of this state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified written petition, setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by:
      1.   The mayor; or
      2.   Twenty five (25) or more qualified electors of this municipality.
   B.   In the latter event, verification may be executed by one or more of the petitioners. The governing body shall set a date for hearing the matter, and shall cause notice thereof, together with a copy of the petition, to be served personally upon the judge at least ten (10) days before the hearing. At the hearing, the judge shall be entitled to:
      1.   Representation by counsel.
      2.   Present testimony and to cross-examine the witnesses against him.
      3.   Have all evidence against him presented in open hearing.
   C.   So far as they can be made applicable, the provisions of the Oklahoma administrative procedure act governing individual proceedings (title 75, Oklahoma Statutes, sections 309–317 and any amendments or additions thereto in effect at the time of the hearing) shall govern removal proceedings hereunder. Judgment of removal shall be entered only upon individual votes, by a majority of all members of the governing body, in favor of such removal. (Prior Code, Sec. 12-12)
6-111: VACANCY IN OFFICE OF JUDGE:
   A.   A vacancy in the office of judge shall occur if the incumbent:
      1.   Dies;
      2.   Resigns;
      3.   Ceases to possess the qualifications for the office; or
      4.   Is removed, and the removal proceedings have been affirmed finally in judicial proceedings or are no longer subject to judicial review.
Upon the occurrence of a vacancy in the office of judge, the mayor shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made. (Prior Code, Sec. 12-10)
6-112: DISQUALIFICATION OF JUDGE:
No change of venue shall be allowed from the municipal court but the judge may be disqualified from sitting under the terms, conditions and procedure provided by law for courts of record. If a judge is disqualified, the matter shall be heard by an alternate or acting judge appointed as provided in this chapter. (Prior Code, Sec. 12-4)
6-113: COURT MARSHAL, DUTIES:
The municipal governing body, upon the recommendation of the judge of the municipal court, may designate any appropriate person who is a resident of the municipality to serve as marshal and in the absence of such designation, the chief of police or corresponding officer of the municipality shall be ex officio marshal of the court. The marshal shall execute any writs or other process directed to him, except herein otherwise provided, and such duty may be performed by any deputy marshal or by any members of the police force of the municipality, as the case may be. (Prior Code, Sec. 12-17)
6-114: CLERK OF THE COURT, DUTIES, DEPOSIT OF FUNDS:
   A.   The clerk, or a deputy designated by him, shall be the clerk of the court. He shall:
      1.   Assist the judge in recording the proceedings of the court and in preparing writs, processes and other papers.
      2.   Administer oaths required in proceedings before the court.
      3.   Be responsible for the entry of all pleadings, processes, and proceedings in the dockets of the court.
      4.   Perform such other clerical duties relating to the proceedings of the court as the judge shall direct.
      5.   Receive and give receipt for forfeitures, fines, deposits, and sums of money payable to the court.
   B.   All of the fees, fines and forfeitures which come to the municipal court shall be paid by the clerk of the court to the municipal treasurer. The treasurer shall credit such deposits to the fund designated by the municipal governing body. The court clerk shall make duplicate receipts of the fees, fines and forfeitures collected by him, one of which shall be retained by the municipal treasurer together with a detailed statement of the items of all costs, the style of the case in which they were paid, and the name of the parties paying the same. (Prior Code, Secs. 12-13, 12-15)
6-115: PROSECUTING ATTORNEY, DUTIES, CONFLICT OF INTEREST:
The attorney for this municipality, or his duly designated assistant, shall be the prosecuting officer of the court. He shall also prosecute alleged violations of the ordinances of the city. He shall be authorized, in his discretion, to prosecute and resist appeal, proceedings in error and review from this court to any other court of the state, and to represent this municipality in all proceedings arising out of matters in this court. (Prior Code, Sec. 12-16)
6-116: BOND OF COURT CLERK:
The court clerk shall give bond, in the form provided by section 27-111 of title 11 of the Oklahoma Statutes, in a sum to be determined by the governing body. When executed, the bond shall be submitted to the governing body for approval. When approved, it shall be filed with the clerk of this municipality and retained in the municipal archives. (Prior Code, Sec. 12-14)
6-117: BOND OF JUDGE 1
The judge, the alternate judge, or an acting judge, or any of them, shall give a bond to the governing body in an amount set by the governing body in the form as required by law. When executed, such bond shall be submitted to the governing body for approval. When approved, it shall be filed with the clerk of this municipality and retained in the municipal records. (Prior Code, Sec. 12-11)

 

Notes

1
1. See also section 2-326 of this code.
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