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(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)
In all trials in the Municipal Court as to matters not covered in this chapter, by the statutes relating to Municipal Criminal Courts, or by rules duly promulgated by the Supreme Court of the state, the procedure applicable in trials of misdemeanors in the District Courts shall apply, to the extent that they can be made effective.
(Prior Code, Ch. 12, Art. 2, § 26)
(A) Obedience to the orders, rules, and judgments made by the Municipal Judge or by the Municipal Court may be enforced by said Judge, who may fine or imprison for contempt committed while holding Court, or committed against process issued by said Judge, in the same manner and to the same extent, as the District Courts of this state.
(B) It shall be an offense to be in contempt, directly or indirectly, of the Municipal Court of the town and of its orders.
(Prior Code, Ch. 12, Art. 2, § 27) Penalty, see § 32.99
(A) The defendant must be personally present at the trial in the Municipal Court.
(B) If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of the bond, either for hearing, arraignment, trial, or judgment, or upon any other occasion when presence in court or before the magistrate may be lawfully required, the Municipal Judge may direct that fact to be entered upon the court minutes, thereby declaring the bond to be forfeited. Without advancing court costs, said Judge shall then cause the forfeiture to be certified to the District Court of the county wherein the situs of government is situated, where it shall be entered upon the judgment docket and shall have the full force and effect of a District Court Judgment. At such time as the forfeiture is entered upon the District Court Judgment Docket, the District Court Clerk shall proceed in accordance with the applicable provisions of state statutes.
(Prior Code, Ch. 12, Art. 2, § 28)
(A) At the close of a trial in the Municipal Court, judgment must be rendered by the Municipal Judge, who shall cause it to be entered in his or her docket.
(B) If the judgment of the Municipal Court is of acquittal and the defendant is not to be detained for any other legal cause, said defendant must be discharged at once.
(C) If the defendant pleads guilty or is convicted after trial, the Municipal Court must render judgment thereof, fixing the penalty within the limits prescribed by this code of ordinances or other applicable ordinance, and imposing sentence accordingly.
(Prior Code, Ch. 12, Art. 2, § 29)
(A) (1) If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant, in a sum as provided by state law, including the fees and mileage of witnesses, court costs, and CLEET contributions.
(2) Court costs shall be no more than $52 per case, and shall be added on top of any fine; all moneys collected shall be deposited in the appropriate Municipal Fund.
(3) For every fine or bond forfeiture of $10 or more collected by the town, the amount required by current state law shall be paid to the Court as a separate penalty assessment (which shall be in addition to all other fines and costs), to be used to reimburse the Council on Law Enforcement Education and Training Fund (CLEET); the Town Clerk/Treasurer, or other individuals designated by the Town Board of Trustees, shall forward the total reimbursement to the state, as long as required by, and in accordance with, state law.
(Prior Code, Ch. 12, Art. 2, § 30)
(B) Ten dollars from each Municipal Court citation shall be allocated to the Town Park Fund.
(Ord. 17-10-2, passed 10-12-2017)
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