(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)