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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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6-140: AMENDMENTS TO PROCESS, PLEADINGS:
The court may amend or permit to be amended any process or pleading for any omission or defect therein, or for any variance between the complaint and the evidence adduced at the trial. If the defendant is substantially prejudiced in the presentation of his case as a result of the amendment, the court may adjourn the hearing to some future time, upon such terms as it may think proper. (Prior Code § 12-41)
6-141: FINES, FEES AND COSTS:
   A.   For every fine or bond forfeiture of ten dollars ($10.00) or more collected by the Municipal Court, fees in amounts assessed by State law will be set aside for the Law Enforcement Officers Training Fund and for the automated fingerprint identification system.
   B.   For every case in which a fine, bond forfeiture or administrative or other fee, a sum shall be set aside in the City Training Fund to be used as a part of the regular Municipal budget for police. This fee shall be set by motion or resolution of the City Council and is subject to change by motion or resolution of the City Council. In no event shall the total fine exceed that set out in section 1-108 of this Code.
   C.   If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant in an amount not to exceed fifteen dollars ($15.00), all of which the defendant shall pay in addition to any fine that may be imposed. In no event shall the total fine exceed that set out in section 1-108 of this Code. Fees and mileage of jurors and witnesses as provided in this chapter are payable by the defendant in addition to any fine and cost assessed.
   D.   The provisions hereof shall be cumulative in addition to any and all other provisions of the ordinances of the City. (Prior Code § 12-33 as amended; amd. Ord. 1987-8, 10-15-1987; Ord. 1992-3, 3-15-1992)
   E.   1. In the event that a person who was guilty of any offense in the Harrah Municipal Court for a moving traffic violation wherein fines and costs were assessed by the court, and these fines and costs are not paid within ninety (90) days from the date the person was originally ordered to make payment, the Court Clerk shall send notice of non-payment of any court ordered fines and costs for moving violation to the Department of Public Safety with the recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs have been paid. The provisions of Oklahoma Statutes 22 section 983(b) and 47 section 6-206(c) are incorporated herein by reference.
      2.   After a judicial determination that defendant is able to pay the fine, cost, fee or assessment in installments, the court may order the fine, cost, fee, or assessment to be paid in installments and shall set the amount and date for each installment. In the event that any fine or costs are not paid when ordered after this judicial finding, the provisions of subsection E1 of this section shall apply. (Ord. 2019-3, 6-17-2019)
6-142: APPEALS:
   A.   An appeal may be taken from a final judgment of the Municipal Court by the defendant by filing in the District Court in the county where the situs of the Municipal government is located, within ten (10) days from the date of the final judgment, a notice of appeal and by filing a copy of the notice with the Municipal Court. In case of an appeal, a trial de novo shall be had, and there shall be a right to a jury trial if the offense is punishable by a fine of more than one hundred dollars ($100.00) and costs.
   B.   Upon conviction, at the request of the defendant, or upon notice of appeal being filed, the Judge of the Municipal Court shall enter an order on his docket fixing an amount in which bond may be given by the defendant, in cash or sureties for cash in an amount of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00); except that if the conviction involved a fine only, the amount of the bond shall be no greater than twice the amount of such fine. Bond shall be taken by the Clerk of the Court. Any pledge of sureties must be approved by the Judge.
   C.   Upon appeal being filed, the Judge shall within ten (10) days thereafter certify to the Clerk of the Appellate Court the original papers in the case. If the papers have not been certified to the Appellate Court, the City Attorney shall take the necessary steps to have the papers certified to the Appellate Court within twenty (20) days of the judgment, and failure to do so, except for good cause shown, shall be grounds for dismissal of the charge by the Appellate Court, the cost to be taxed to the City. The certificate shall state whether or not the Municipal Judge hearing the case was a licensed attorney in Oklahoma.
   D.   All proceedings necessary to carry the judgment into effect shall be had in the Appellate Court. (Prior Code § 12-39)
6-143: COLLECTION FEE:
A collection fee of thirty five percent (35%) of court penalties, court fines and fees in cases where the accused has failed to appear or otherwise failed to satisfy a monetary obligation imposed by the court, shall be added to any such case which is referred to a collection agency for collection. (Ord. 2015-26, 12-17-2015)
6-144: TECHNOLOGY FEE:
A Municipal Court technology fee shall be and is hereby established in the amount of twenty five dollars ($25.00) or such amount that may be adopted in the schedule of fines and fees approved by the City Council. The fee shall be in addition to, and not a substitution for, any and all fines and penalties otherwise provided for by law for the events assessed on every citation disposed of in Municipal Court, except those that are voided, declined for prosecution, dismissed without cost, or the defendant is acquitted. The revenues generated by this fee, shall be used solely and exclusively for the acquisition, operation, maintenance, repair and/or replacement of data processing equipment and software related to the administration of the criminal justice system and the cost of prosecution. (Ord. 2017-9, 11-16-2017)