A. Fines And Costs: If judgment of conviction is entered, the clerk of the court shall tax the costs to the defendant in the sum of thirty dollars ($30.00), or the maximum sum permitted by state law, whichever is greater, and the fees and mileage of jurors and witnesses, and any assessments levied, all of which the defendant shall pay, in addition to any fine that may be imposed. (1997 Code § 6-127; amd. 2014 Code)
B. Witness Fees:
1. Witnesses in any proceeding in the court, other than police or peace officers who shall be employed by the city, shall be entitled to a witness fee as established by the city council by motion or resolution per each day of attendance, plus mileage per mile actually and necessarily traveled in going to and returning from the place of attendance, if the residence is more than ten (10) miles distant from the place of trial. No witness, however, shall receive fees or mileage in more than one case for the same period of time or for the same travel. A defendant seeking to subpoena witnesses must deposit with the court clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting forth:
a. The names of no more witnesses than the municipal judge for the city shall determine to be just, necessary and reasonable for the proper defense of such indigent's case;
b. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
c. That the testimony of such witness is material; and
d. That the attendance at the trial is necessary to his proper defense.
2. In any case where an indigent defendant has properly filled out and filed with the city an affidavit setting forth the above mentioned information, then the fees for such witnesses shall be paid by the city. (1997 Code § 6-128)
C. Enforcement Of Fines And Costs:
1. Imprisonment: If a defendant who is financially able refuses or neglects to pay a fine or costs, or both, payment may be enforced by imprisonment until the same shall be satisfied at the rate of twenty five dollars ($25.00) per day. (1997 Code § 6-129; amd. 2014 Code)
2. Certified To District Court: If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court where it shall be entered upon the district court docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement as are available to any other judgment creditor. (1997 Code § 6-129)
3. Prisoners To Work:
a. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on community projects, the public streets, avenues or ways, public buildings or other public premises or property. For each day of such work, the working prisoner shall be paid not less than fifty dollars ($50.00) until the fine and costs are satisfied. (1997 Code § 6-129; amd. 2014 Code)
b. The city shall direct where the work shall be performed. The appropriate officer shall oversee the work. If a guard is necessary, the chief of police shall make provision therefor. (1997 Code § 6-129)
D. Acts Punishable Under Different Sections: In all cases where the same offense is made punishable or is created by different sections of this code, the city attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense. (1997 Code § 6-130)
E. Contempt Of Court: Obedience to the orders, rules and judgments made 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. (1997 Code § 6-131)
F. Penalty Assessments:
1. Any person:
a. Convicted of an offense punishable by a fine of ten dollars ($10.00) or more or by imprisonment, excluding parking and standing violations; or
b. Forfeiting bond when charged with such an offense under subsection F1a of this section,
shall pay a sum as set by state law as a separate penalty assessment for law enforcement training, and as a separate fingerprinting fee, which shall be in addition to and not in substitution for any and all fines and penalties and costs otherwise provided for such offense. The court shall provide for separate bail for the assessments; however, a defendant admitted to bail on an undertaking by a surety may include the amount of the assessment in the undertaking.
2. Upon conviction or bond forfeiture, the court shall collect the assessment and deposit the monies for payment as required by state law.
3. At the end of every quarter, the city shall deposit with the Oklahoma state treasury the funds deposited in the law enforcement training funds and the AFIS (automated fingerprint identification system) fund as required by law. The court clerk shall also furnish to the state treasury reports required on the funds collected and penalty assessments imposed each quarter.
4. For the purpose of this subsection F, "conviction" means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment. (1997 Code § 6-132)
G. Failure To Pay Fines:
1. All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
2. The failure to pay a fine levied pursuant to this code shall constitute a separate offense against the city, subject to a fine as provided in section 1-4-1 of this title. (1997 Code § 6-133)
3. If a fine is not paid by the defendant, the fine may be collected by committing the defendant to jail, where he shall remain until his fine and any costs assessed against him are discharged, either by payment or by confinement in jail, or by working in accordance with other provisions of this code or state law. (1997 Code § 6-133; amd. 2014 Code)