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Obedience to the orders, rules and judgments made by the judge or by the court may be enforced by the judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state. (1985 Code ch. 12 § 1-18)
All prosecutions for violation of ordinances of this municipality shall by styled: "The City Of Jay v. (naming the defendant or defendants)". Except as provided hereinafter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint, and setting forth concisely the offense charged, and approved for filing by the city attorney. (1985 Code ch. 12 § 1-19)
A. Citation Issuance:
1. If a police officer observes facts which he believes constitute a violation of the traffic ordinances of the city, committed by a resident thereof, in lieu of arresting such person, he may take his name, address, operator's license number, the registered license number of the motor vehicle involved and any other pertinent and necessary information, and may issue to him, in writing in form prescribed by the mayor, a traffic citation embracing the above information and further stating the traffic violation alleged to have occurred, and notifying him to answer to the charge against him in the court at a time specified in the citation.
2. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation, to answer as specified, shall release said person from custody.
3. If the person to whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
B. Release, Custody, Bail: If the alleged traffic violation is committed by a nonresident of the city, the police officer shall take him into custody under arrest. The arrested person either: 1) shall be taken immediately before the judge for further proceedings according to law; or 2) shall have bail fixed for his release in accordance with the provisions of this chapter. Upon providing the bail as fixed, and upon giving his written promise to appear upon a day certain, as provided in subsection A of this section, he shall be released from custody.
C. Parking Violations: If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, the police officer shall place in the vehicle, at a place reasonably likely to come to the notice of the operator, a citation conforming substantially to that prescribed in subsection A of this section, with such variation as the circumstances require. The operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under subsection A of this section.
D. Compliance With Traffic Regulatory Statutes: All traffic regulatory statutes of the state of Oklahoma relating to motor vehicles, the posting of bail for traffic violation charges, providing opportunity of immediate guilty plea and immediate payment of fine and costs are hereby made a part of this chapter in the same manner and to the same extent as if such statutes were rewritten in detail. (1985 Code ch. 12 § 1-20)
A. The judge shall establish, by prescribing rules, consistent with the laws of the state and with the ordinances of the city, a traffic violations bureau.
B. The traffic violations bureau shall be staffed by the appointed court clerk.
C. The traffic violations bureau shall accept fines which may be paid in lieu of a court appearance, for such traffic offenses as may be designated by the judge under the court's rules.
D. All such fines shall be the minimum penalty prescribed for such violation, and no costs shall be assessed.
E. In no event shall payment of a fine without court appearance be accepted for a second or subsequent offense of the same violation or driving under the influence of intoxicating liquor or drugs, actual physical control of a vehicle while under the influence of intoxicating liquor or drugs, leaving the scene of an accident, driving while license to operate a motor vehicle is suspended or revoked, reckless driving, careless driving, or any charge made because of a motor vehicle accident in which personal injury or death occurred.
F. Payment of any fine to the traffic violations bureau shall be deemed a final determination of the cause against the defendant. (1985 Code ch. 12 § 1-21)
A. Filing Of Complaint: Upon the filing of a complaint charging violation of an ordinance, the judge, unless he determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, shall issue a summons, naming the person charged, specifying his address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court (on a day certain, Sundays and holidays excepted, after the summons is served upon him), containing a provision for the official return of the summons, and including such other pertinent information as may be necessary.
B. Serving Summons: The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided by this chapter. (1985 Code ch. 12 § 1-22)
A. Form Of Warrant: Except as otherwise provided in the ordinances of the city, upon the filing of a complaint approved by endorsement by the city attorney or by the judge, there shall be issued a warrant of arrest, in such form as prescribed by the court.
B. Execution Of Warrant: It shall be the duty of the aforesaid police chief, principal officer of the court, personally or through a duly constituted member of the police force of the city, or through any other persons lawfully authorized so to act, to execute said warrant as promptly as possible. (1985 Code ch. 12 § 1-23; amd. 2016 Code)
A. Upon arrest, or upon appearance without arrest in response to citation or summons, or at any other time before trial, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his appearance in an amount and upon conditions fixed by the judge, who shall prescribe appropriate rules of court for the receipt of bail.
B. In case of arrests made at night or under other conditions of emergency or when the judge is not available, the rules shall authorize the chief of police, or his designated representative, to accept a temporary cash bond, of not less than twenty dollars ($20.00) nor more than the maximum monetary penalty provided by ordinance for such offense charged.
C. All persons confined to jail prior to trial shall be released under bond or recognizance. (1985 Code ch. 12 § 1-24; amd. 2016 Code)
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