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(A) If a resident of the town is arrested by a law enforcement officer for the violation of any traffic ordinance for which § 32.22 does not apply, the officer shall immediately release said person if the person acknowledges receipt of a citation by signing it; provided, however, that the arresting officer need not release said person if it reasonably appears to the officer that the person may cause self-injury or injury to others, or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property. If said person fails to appear in response to the citation, a complaint shall be filed, and the case shall be prosecuted as otherwise provided in this chapter.
(B) If the arrested resident is not released by being permitted to sign a citation as provided for in division (A) above, said person shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance. A fine for up to the maximum amount authorized by courts not of record may be assessed for failure of a person to have a valid driver’s license, when charged with a traffic violation.
(C) If a resident or non-resident of the town is arrested by a law enforcement officer for a violation of any ordinance for which § 32.22 does not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.
(D) The amount and conditions of bail granted pursuant to the provisions of divisions (A) through (C) above shall be determined by the Judge, who shall prescribe rules for the receipt of bail and the release on personal recognizance. In the event of arrests at night, emergencies, or when the Judge is not available, a Court Official, the Chief of Police, or a designated representative may be authorized by the Judge, subject to such conditions as shall be prescribed by the Judge, to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused. The cash bond shall not exceed the maximum fine provided for by ordinance for each offense charged. The Court Official, Chief of Police, or a designated representative is authorized, subject to such conditions as shall be prescribed by the Judge, to release a resident of the municipality on personal recognizance.
(Prior Code, Ch. 12, Art. 2, § 18)
(A) If the defendant is not eligible for release upon personal recognizance, as provided for in §§ 32.22 or 32.23(A), or is eligible but refuses to sign a written promise to appear, the officer shall deliver the person to an appropriate Judge for arraignment, and the Judge shall proceed as otherwise provided for by law. If no Judge is available, the defendant shall be placed in the custody of the appropriate Municipal Jailor or Custodian, to be held until a Judge is available or bail is posted as provided for by ordinance, before or after arraignment.
(B) If a resident or non-resident is arrested for any overweight violation, a violation of a special permit exceeding authorized permit weight, or violation relating to the transportation of hazardous material, the arresting officer may release the defendant if the defendant deposits with the arresting officer appropriate bail or payment of the fine and costs in an amount and in the form as provided in this chapter, except currency.
(C) In the event the defendant is additionally arrested for any violation for which personal recognizance is authorized pursuant to § 32.22, the arresting officer, for such additional violation, may either release the defendant upon such recognizance, or require bail as provided for in this division (C).
(b) Place any other traffic offender into custody:
1. Who is injured, disabled, or otherwise incapacitated;
2. Whose custodial arrest may require impoundment of a vehicle containing livestock, perishable cargo, or items requiring special maintenance or care; or
3. Where, if extraordinary circumstances exist in the judgment of the arresting officer, custodial arrest should not be made.
(2) In such cases, the arresting officer may designate the date and time for arraignment on the citation and release the person. If the person fails to appear without good cause shown, the Court may issue a warrant for the person’s arrest.
(3) The provisions of this division (E) shall not be construed to:
(a) Create any duty on the part of the officer to release a person from custody;
(b) Create any duty on the part of the officer to make any inquiry or investigation relating to any condition which may justify release under this division (E); or
(c) Create any liability upon any officer, the state, or any political subdivision thereof, arising from the decision to release or not to release such person from custody pursuant to the provisions of this division (E).
(F) 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 is 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 this section, with such variation as the circumstances require. The operator of the vehicle shall be under full obligation to respond to the citation.
(Prior Code, Ch. 12, Art. 2, § 18)
(A) Upon the filing of a complaint charging a violation of this code of ordinances or other ordinance(s) of the town, the Municipal Judge, unless said Judge determines to issue a warrant of arrest, unless the defendant previously has been issued a citation, or unless said defendant has been arrested and given bond for such appearance, shall issue a summons naming the person charged, specifying the address or place of residence (if known), stating the offense charged and giving notice to answer the charge in the Municipal Court on a day certain, five days hence (Sundays and holidays excepted), or the next Municipal Court date after the summons is served, containing a provision for the official return of the summons, and including such other pertinent information as may be necessary.
(B) (1) The summons shall be served by delivering a copy to the defendant personally.
(2) Failure to appear and answer the summons within the prescribed period shall constitute indirect contempt of Court, and a warrant shall be issued for the defendant’s arrest, as provided by this chapter.
(Prior Code, Ch. 12, Art. 2, § 20)
(A) Upon complaint against a corporation being filed with the Municipal Judge of the town, said Judge shall issue a summons in a form as outlined in this chapter, signed with the title of office, requiring the corporation to appear before said Judge at a specific time and place to answer the complaint.
(B) The summons must be served at least two days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president, secretary, cashier, or managing agent or director of the corporation.
(C) At the time appointed in the summons, the Municipal Judge shall try the complaint in the same manner as in the case of any other person brought before said Court.
(D) When a fine is imposed upon a conviction, it may be collected by the Municipal Judge making a transcript of the proceedings thereof, together with the judgment of the Court duly certified and filed with the Clerk of the District Court, and execution shall be issued thereon and served by the Sheriff of the county, as in cases of execution generally.
(Prior Code, Ch. 12, Art. 2, § 21)
(A) Except as may otherwise be provided in this code of ordinances, upon the filing of a complaint, approved by the endorsement of the Town Attorney or by the Municipal Judge, there shall be issued a warrant of arrest in substantially the following form:
The Town of West Siloam Springs, Oklahoma, to the Chief of Police of the Municipal Court of West Siloam Springs, Oklahoma: | |
Complaint upon oath having this day been made by ____________________, that the offense of ____________________ has been committed and accusing _______________________, thereof, you are commanded therefor forthwith to arrest the above-named (Defendant or Defendants) and bring (him, her, them) before me at my office at the West Siloam Springs, Oklahoma, Municipal Court Room. | |
Witness my hand this ______ day of _______, 20____. | |
Judge of the Municipal Court of the Town of West Siloam Springs, Oklahoma | |
(B) It shall be the duty of the Chief of Police to execute such warrant as promptly as possible, either personally, through a duly constituted member of the police force of the town, or through any other person lawfully authorized to act.
(C) There shall be assessed a fee in the amount of $67 upon the issuance of a warrant of arrest pursuant to this section, which fee shall be paid by the defendant.
(Prior Code, Ch. 12, Art. 2, § 22)
(A) Whenever a resident of the town is arrested by a law enforcement officer for the violation of any traffic ordinance for which division (F) below does not apply, or is arrested for the violation of a non-traffic ordinance, the officer shall immediately release said person if the person acknowledges receipt of a citation by signing it. Provided, however, the arresting officer need not release said person if it reasonably appears to the officer that the person may cause injury to himself or herself, or others, or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property. If said person fails to appear in response to the citation, a warrant shall be issued for his or her arrest, and his or her appearance shall be compelled.
(B) Whenever a resident of the town is not released by being permitted to sign a citation as provided for in division (A) above, he or she shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance. A municipality may prescribe a fine for up to the maximum amount authorized by courts not of record for failure of a person to have a valid driver’s license when charged with a traffic violation.
(C) Whenever a non-resident of a municipality served by a Municipal Court is arrested by a law enforcement officer for a violation of any ordinance for which division (F) below does not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.
(D) The town may require any person who is arrested by a police officer of said town for a municipal traffic violation to comply with statutory procedures for state traffic violations, with respect to the release of the arrested person. The following methods of posting bail shall apply:
(1) Posting cash bail, in exchange for a receipt therefor, issued by the arresting officer;
(2) Depositing with the arresting officer a “guaranteed arrest bond certificate;” or
(3) Depositing with the arresting officer a valid motor vehicle operator’s license, in exchange for a receipt therefor, issued by the arresting officer, which shall be recognized as an operator’s license and shall authorize the person’s operation of a motor vehicle to the date of the hearing; provided, that said date shall not exceed 20 days from the date of arrest.
(E) The amount and conditions of bail granted pursuant to the provisions of this section shall be determined by the Judge, who shall prescribe rules for the receipt of bail and for the release on personal recognizance. The amount of bail for each offense shall not exceed the maximum fine plus court costs, 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 $1,000. In the event of arrests at night, emergencies, or when the Judge is not available, a court official, the Chief of Police, or his or her designated representative, may be authorized by the Judge, subject to such conditions as shall be prescribed by the Judge, to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused. The cash bond shall not exceed the maximum fine provided for by ordinance for each offense charged, 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 the cash bond shall not exceed $1,000. The court official, Chief of Police, or his or her designated representative, is authorized, subject to such conditions as shall be prescribed by the Judge, to release a resident of the municipality on personal recognizance.
(F) If a resident or non-resident of the town 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 O.S. § 1115.1, then the procedures provided for in State and Municipal Traffic, Water Safety, and Wildlife Bail Bond Procedure Act, being 22 O.S. §§ 1115 et seq. as applied to municipalities, shall govern. A municipality, by ordinance, may prescribe a bail bond schedule for this purpose and may provide for bail to be used as payment of the fine and costs upon a plea of guilty or nolo contendere, as provided for in 22 O.S. § 1115.1. Absent such ordinance, the Municipal Court may 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 $1,000.
(Prior Code, Ch. 12, Art. 2, § 23)
Upon making an appearance before the Municipal Court, the defendant shall be arraigned. The Municipal Judge or the Town Attorney shall read the complaint to the defendant, inform said defendant of all legal rights, of the consequences of conviction, and ask whether the plea is guilty or not guilty. If the defendant pleads guilty, the Court may proceed to judgment and sentence, or may continue the matter for subsequent disposition. If the plea is not guilty, the Court may proceed to try the case, or may set it for hearing at a later date.
(Prior Code, Ch. 12, Art. 2, § 24)
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