§ 32.33 DEFENDANT TO BE PRESENT AT TRIAL; FAILURE TO APPEAR.

   (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)

§ 32.34 JUDGMENT.

   (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)

§ 32.35 COSTS UPON JUDGMENT OF CONVICTION; COURT COSTS; TRAINING FUND; PARK FUND.

   (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)

§ 32.36 COURT FINE AND COSTS SCHEDULE.

   (A)   Except as otherwise provided in the Bond and Fine Schedule attached hereto as Appendix A, court costs shall be $52 per citation to be assessed against those persons determined by the Municipal Court of the town to be in violation of the ordinances, town code, or other resolutions, rules, and regulations of the town.

(Prior Code, Ch. 18, Art. 9, § 118)

   (B)   All offenses for which citations are issued for appearance in the Town Municipal Court shall be subject to the payment of court costs set forth in division (A) above. Such court costs do not include bonds, fines, or other assessments otherwise imposed by laws, codes, ordinances, and resolutions of the state or the town.

(Prior Code, Ch. 18, Art. 9, § 119)

   (C)   (1)   The Board of Trustees for the town hereby adopts the Bond and Fine Schedule attached hereto as Appendix A, incorporated herein by reference.

      (2)   Any crime or offense not listed on said Bond and Fine Schedule shall be subject to bond and/or fine in the amount provided for such offense under the laws of the state.

      (3)   The list of offenses and amount of bond and/or fine for such offenses shall be subject to amendment by the Board of Trustees by resolution of said Board.

(Ord. 17-10-1, passed 10-12-2017)

§ 32.37 ENFORCEMENT BY IMPRISONMENT; PERSONS UNABLE TO PAY.

   (A)   If a defendant who is financially able refuses or neglects to pay a fine or costs, or both, payment may be enforced by imprisonment, until the same shall be satisfied, at the rate of $25 per day.

   (B)   If the defendant is without means to pay the fine or costs, the Municipal Judge of the town may direct the total amount due to be entered upon the court minutes and to be certified to the District Court of the county wherein the situs of government is situated, where it shall be entered upon the District Court Judgment Docket and shall have the full force and effect of a District Court Judgment. Thereupon, the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.

(Prior Code, Ch. 12, Art. 2, § 31)

§ 32.38 SUSPENSION OF SENTENCE.

   After conviction and sentence of a defendant in the Municipal Court of the town, the Municipal Judge may suspend sentence in accordance with the provisions of, and subject to the conditions and procedures imposed by, applicable provisions of 11 O.S., as amended.

(Prior Code, Ch. 12, Art. 2, § 32)

§ 32.39 WITNESS FEES.

   (A)   Witnesses in any proceeding in the Municipal Court, other than police officers or peace officers, shall be entitled to $10 for each day of attendance, plus an amount equal to the then effective Internal Revenue Service-approved mileage reimbursement/deduction rate for miles actually and necessarily traveled in going to, and returning from, the place of attendance, if his, her, or their residence is more than five miles outside the corporate limits of the town. No witness shall receive fees or mileage in more than one case for the same period of time or the same travel.

   (B)   A defendant seeking to subpoena witnesses must deposit with the Clerk of the Court a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned; such deposit shall not be required from an indigent defendant who files an affidavit setting out:

      (1)   The names of no more than three witnesses;

      (2)   The defendant, by reason of poverty, is unable to provide fees and mileage allowed by law;

      (3)   The testimony of such witnesses is material; and

      (4)   His, her, or their attendance at the trial is necessary for proper defense.

   (C)   The fees of witnesses in such cases (division (B) above) shall be paid by the town.

(Prior Code, Ch. 12, Art. 2, § 33)