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All prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. However, no warrant for an arrest shall be issued until the complaint has been approved by the judge of the municipal court and judicial determination is made that the complaint has prosecutive merit. All prosecutions for the violation of municipal ordinances shall be styled "The City of Harrah vs. (naming the person or persons charged)". (Prior Code, Sec. 12-20)
A. Whenever a resident or nonresident of the municipality is arrested for the violation of any ordinance, traffic or nontraffic, by a law enforcement officer, the officer shall immediately release such person if he acknowledges receipt of a citation by signing it, unless it reasonably appears to the officer that the person may cause injury to himself or others or damage to property if released or that the person will not appear in response to the citation. If such person fails to appear in response to the citation a warrant shall be issued for his arrest and his appearance shall be compelled.
B. Whenever a resident or nonresident of the city is arrested by a law enforcement officer for the violation of any ordinance and is not released by being permitted to sign a citation as provided in subsection A of this section, he shall be admitted to bail, either before or after arraignment, or released on his own recognizance.
C. Whenever a resident or nonresident of the city is arrested for a violation, other than a traffic violation, by a law enforcement officer, the defendant shall be eligible to be admitted to bail either before or after arraignment.
D. The city may require a person who is arrested for a municipal traffic violation by a law enforcement officer to comply with the procedures provided by law in section 1114.1 of title 22 of the Oklahoma Statutes for state traffic violations with respect to release of the arrested person and the methods of posting bail shall apply as provided in section 6-128 of this chapter.
E. When any bond is required for appearance as provided herein, the person charged of an offense shall be released from custody by posting with the municipal court clerk a cash bond for each offense equal to the maximum fine for each such offense and court costs.
F. The amount and conditions of bail granted under subsections B and C of this section shall be determined by the judge who shall prescribe rules for the receipt of bail and for the release by recognizance. In the event of arrests at night, or other emergency, or when the judge is not available, the chief of police or his designated representative shall be authorized by the judge under 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, but in no event shall the cash bond be more than the maximum fine provided by ordinance for each offense charged. The chief of police or his designated representative is authorized subject to such conditions as shall be prescribed by the judge, to release a resident of the city on his own recognizance. (Prior Code, Sec. 12-24)
If, without sufficient excuse, a defendant fails to appear according to the terms and conditions of his bond, either for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court may be lawfully required, the judge may direct that fact to be entered upon the court minutes, thereby determining the bond to be forfeited. When the bond is other than a cash bond, without advancing court costs, the judge shall then cause the forfeiture to be certified to the district court of Oklahoma County, where it shall be entered upon a judgment docket and shall have the full force and effect of a district court judgment. At such time as the forfeiture is entered upon the district court judgment docket, the district court clerk shall proceed in accordance with the provisions of sections 1330 through 1333 and 1335 of title 59 of the Oklahoma Statutes. A surety shall have all remedies available under the provisions of section 1108 of title 22 and sections 1301 through 1340 of title 59 of the Oklahoma Statutes. Court costs shall be collectable from the proceeds and the bond. (Prior Code, Sec. 12-41)
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