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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)
A. Arraignment: Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the city attorney, shall read the complaint to the defendant, inform him of his legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him whether he pleads guilty or not guilty.
B. Guilty Plea: If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition.
C. Plea Of Not Guilty: If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date. (1985 Code § 6-126)
A. Postponement: Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
B. Presence At Trial: The defendant must be present in person at the trial. (1985 Code § 6-127)
C. Trials Of Misdemeanors: In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal courts, or by rules duly promulgated by the supreme court of Oklahoma, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective.
D. Judgment Of Court: If the defendant pleads guilty or is convicted after the trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
E. Entry In Docket: At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.
F. Acquittal: If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.
G. Imprisonment: A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied at the rate of one day imprisonment for each twenty five dollars ($25.00) of fine. (1985 Code § 6-127; amd. 2007 Code)
A. Trial By Jury Or To Court: In all prosecutions for violations of ordinances punishable by fine of more than five hundred dollars ($500.00), excluding court costs, or by imprisonment, or by both fine and imprisonment, trial shall be by jury, unless waived by the defendant and the city. If trial by jury is waived, trial shall be to the court. (1985 Code § 6-128; amd. 2007 Code)
B. Decision Of Defendant:
1. At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case.
2. An election waiving jury trial, made at arraignment, may be changed by the defendant at any time prior to the day for which trial by the court is set; an election demanding jury trial may be changed at any time prior to the commencement of proceedings to impanel the jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be rechanged so as again to demand trial by jury. (1985 Code § 6-128)
A. Fees And Mileage Allowed: Witnesses in any proceeding in the court other than the police officers or peace officers shall be entitled to a fee as set by the city per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the city limits. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel.
B. Deposit From Defendant; Exception For Indigents:
1. Deposit Required: A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned.
2. Indigent Defendants:
a. Such deposit shall not be required from an indigent defendant who files an affidavit setting out:
(1) The name of no more than three (3) witnesses;
(2) That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
(3) That the testimony of the witnesses is material; and
(4) That their attendance at the trial is necessary for his proper defense.
b. The fees of such witnesses shall be paid by the city. (1985 Code § 6-129)
A. Suspension Of Sentence: After conviction and sentence, the judge may suspend sentence, in accordance with the provisions of, and subject to the conditions and procedures imposed by, 11 Oklahoma Statutes sections 27-123 and 27-124. (1985 Code § 6-130)
B. Imprisonment:
1. If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the Clerk, shall be delivered to the Chief of Police, the Sheriff of the County or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence.
2. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings, or other public premises or property. For each day of such work, the prisoner shall be credited for serving two (2) days of imprisonment under his sentence.
3. The Chief of Police, subject to the direction of the City Manager, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed, himself, or some person designated by him, shall oversee the work. If a guard is necessary, the Chief of Police shall make provision therefor.
4. The City Manager is hereby authorized to cause prisoners confined in the City Jail for nonpayment of fines or costs assessed against them in the court to be worked and to be credited for work done as provided by State law. The City Manager is hereby authorized to make such reasonable regulations as may be necessary in regard to the working of such prisoners. (1985 Code § 6-131)
C. Fines And Costs: If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant, which shall be the maximum allowed by State law, plus the fees and mileage of jurors and witnesses, but the total amount of fine may not exceed the amount set out in section 1-4-1 of this title.
The Clerk of the Court shall tax the defendant in a sum not exceeding thirty dollars ($30.00) plus the fees and mileage of jurors and witnesses, all of which the defendant shall pay, in addition to any fine or administrative fees that may be imposed, and in addition to any State mandated fees or costs. No Court cost will be assessed for parking or seat belt violations. (1985 Code §§ 6-130 through 6-132; amd. Ord. 2024-2, 4-8-2024)
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