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A. Bureau Established: A traffic violations bureau is established as a division of the office of the clerk of the court, to be administered by the clerk, or by subordinates designated by him for that purpose. Persons who are cited for violation of one of the traffic ordinances of the city may elect to pay a fine in the traffic violations bureau according to the schedule of fines to be determined by the city council or the judge.
B. Rules; Payment Of Fine: The court may adopt rules to carry into effect this section. Payment of a fine under this section shall constitute a final determination of cause against the defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this chapter. (1985 Code § 6-121)
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 or nonresident thereof, in lieu of arresting such a person, he may take his name, address, operator's license number, and registered license number of the motor vehicle involved and any other pertinent and necessary information and may issue him, in writing in form prescribed by the city manager or his duly designated delegate, a traffic citation embracing the above information, and also stating the traffic violation alleged to have occurred, and notifying him to answer to the charge against him at a time, no later than the date specified in the citation.
2. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation to answer as specified, may then release the 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 or resident of the city, the police officer may: (1985 Code § 6-120)
1. Release the person after obtaining sufficient information, as set out in subsection A of this section, pending his appearance on a day certain in court, as specified in the citation; (1985 Code § 6-120; amd. 2007 Code)
2. Take the person into custody and demand that bond for the offense charged be posted according to the provisions of this chapter; or
3. Take the person into custody under arrest. The arrested person either shall be taken immediately before the judge for further proceedings according to law or shall have bail fixed for his release in accordance with the provisions of this chapter. Upon providing bail as fixed, and upon giving his written promise to appear upon a day certain, as provided in subsection A of this section, the person shall be released from custody.
C. Parking Violations: If the alleged offense is 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 on 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 or B of this section, with such variation as the circumstances require; the operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under subsection A or B of this section. (1985 Code § 6-120)
A. Issuance: Upon the filing of a complaint charging violation of any 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 certain day after the summons is served upon him, 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 § 6-122)
A. Form Of Warrant: Except as otherwise provided in the ordinances of the city, upon the filing of a complaint approved by the endorsement of 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 is the duty of the chief of police, personally, or through a duly constituted member of the police force of the city, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. (1985 Code § 6-123; amd. 2007 Code)
A. Procedure: Upon arrest, or upon appearance without arrest in response to citation or summons, or at any 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 this chapter or the judge, who shall prescribe appropriate rules of court for the receipt of bail. 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 fifty dollars ($50.00) nor more than the maximum monetary penalty provided by ordinance for the offense charged. (1985 Code § 6-124; amd. 2007 Code)
B. Arrest For Traffic Violation Other Than Parking Or Standing; Bail: If a resident or nonresident of the municipality is arrested by a law enforcement officer solely for a misdemeanor violation of a traffic ordinance, other than an ordinance pertaining to a parking or standing traffic violation, and the arrested person is eligible to sign a written promise to appear and be released upon personal recognizance as provided for in 22 Oklahoma Statutes section 1115.1, then the procedures provided for in the state and municipal traffic bail bond procedure act as applied to municipalities, shall govern. The municipal judge shall prescribe a bail bond schedule for traffic offenses. The amount of bail shall not exceed the maximum fine and costs provided by ordinance for each offense, unless the defendant has a previous history of failing to appear according to the terms or conditions of a bond, in which case the amount of bail shall not exceed one thousand dollars ($1,000.00). (1985 Code § 6-125; amd. 2007 Code)
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