(A) Any person, firm or corporation who shall violate any ordinance provision of this code of ordinances shall be fined as prescribed by the ordinances of the city and in any sum not to exceed the amount established by statute for the same offense. Each day's continuation of any such violation shall be deemed a separate offense.
(B) (1) If the defendant pleads or is found guilty of an offense against the city, the Municipal Judge shall declare and assess the punishment prescribed by the ordinances of the city, and shall render judgment of fines and costs accordingly. The Municipal Judge shall also order that the defendant be committed to the city jail, as defined below, until the judgment is complied with, unless the defendant pays the fines and costs assessed or stays the execution of the judgment by giving a good and sufficient bond, to be approved by the Judge, conditioned that the defendant will pay the fines and costs within 30 days from the date of the judgment. The Municipal Judge shall also order that an incarceration fee of $10 a day be placed upon those who are incarcerated within the city jail. This fee will be imposed upon release from custody, payment plans can be made as long as fee is paid within 120 days of release with minimum payment of $40 per month. If payment or payment arrangement have not been made, a warrant shall be issued and all fees must be paid before release. If the defendant, on conviction or plea of guilty, fails to pay the fines and costs to stay the execution of judgment as provided herein or if, after staying the execution of judgment, the defendant fails to pay the lines and costs assessed, the Judge may commit the defendant to the city jail for period up to, but not to exceed, one year. Upon payment of all fines and costs, the Judge shall discharge such defendant unless the defendant is held for another legal cause.
(2) The maximum fine, or deferral fee in lieu of a fine, for offenses shall not exceed the prescribed amounts as set forth in 11 O.S. § 14-111(C) and 11 O.S. § 27-104xx, including all amendments and changes thereto.
(C) Except as otherwise provided herein, prisoners confined to jail on conviction, or plea of guilty, or for malicious prosecution, if their health permits, may be permitted to work on the public streets, avenues, alleys, parks or other public premises and property, at the rates per day fixed below. It shall be the duty of the Chief of Police, subject to the direction of the City Manager, to direct where the work shall be performed. It shall be the duty of the head of the department in charge of the premises or property on which the work is to be performed, to oversee such work. Any prisoner deemed a threat by the Chief of Police shall be ineligible for to work as provided in this section.
(D) (1) Except as otherwise provided herein, any prisoner permitted to work shall have credited toward their fine the minimum amount per day for useful labor as prescribed by 11 O.S. § 14-111(A), including all amendments and changes thereto. Except as otherwise provided herein, in the case of a prisoner refusing to work, or being ineligible as provided above, a prisoner shall be credited with $10 per day toward the payment of a fine assessed against them for each day's imprisonment.
(2) Costs, including court costs and costs of jailing, shall not be credited for imprisonment. The City Manager may credit any amount earned for useful labor against a prisoners costs. Except as provided herein, all costs shall be collected upon release or pursuant to a probation agreement to avoid future violations and to make payment on all costs assessed within a set time period. A prisoner's refusal to pay costs or execute a probation agreement is a proper basis for continued imprisonment until costs are paid or probation agreement is executed. The Municipal Judge may subsequently order the party imprisoned for failure to fully satisfy probation agreement for any violation thereof or failure to pay all costs assessed by the end of the probation period.
(3) The Chief of Police shall cause all prisoners of the city to be fed three meals of plain, wholesome food a day at the expense of the city.
(4) If any prisoner confined to jail on conviction on plea of guilty, or for malicious prosecution, whose health would permit him to work, shall refuse to work when requested, he or she shall be kept in close confinement. During such time as the prisoner refuses to work, the prisoner shall be credited with only $5 per day toward the payment of line assessed against them.
(5) Any prisoner who shall be imprisoned and confined may be transported to the county jail, or any other municipal jail under contract with the city, hereafter the "city jail", and placed therein until payment of fines and costs have been completed.
(6) The Chief of Police shall contract with the County Sheriff or other municipality for jail use and for payment of costs incurred, which may be assessed to each prisoner as costs to be reimbursed to the city. All such contracts shall be subject to approval by the City Council by duly adopted resolution or ordinance.
(Ord. 2011-07, passed 8-8-2011; Ord. 2013-09, passed 8-12-2013; Ord. 2014-03, passed 7-14-2014; Ord. 2018-02, passed 10-15-2018)
Statutory reference:
Fines over $200 to be set by jury trial, see 11 O.S. § 27-119
Maximum fine levied, see 11 O.S. § 14-111