[HISTORY: Adopted by the City Council of
the City of El Reno 9-1-1972 as Ch. 21 of the 1972 Code. Amendments
noted where applicable.]
[Amended 5-17-1978 by Ord. No. 2317]
A.
This chapter shall govern the organization and operation
of the Municipal Court of the City of El Reno, Oklahoma, as placed
in operation by resolution in accordance with applicable state law
and as filed with the County Clerk of Canadian County and the Clerk
of the Oklahoma Supreme Court. To the extent of any conflict, this
chapter supersedes and controls all other ordinances.
B.
The penal ordinances of the City shall be compiled
and published in permanent form, either published or typed, periodically,
but not less than once every 10 years; any supplements shall be published
on at least a biannual basis. No penal ordinance shall be enforced
unless it is reflected in such a permanent volume or supplement if
the ordinance was adopted more than one year before the latest compilation
or supplement.
C.
When the municipality has compiled and published its
permanent volume or biannual supplement of penal ordinances, the City
Council shall adopt a resolution notifying the public of the publication.
A copy of the resolution shall be filed in office of the County Clerk
of Canadian County and in the office of the Clerk of the Oklahoma
Supreme Court. A copy of the permanent volume and each biannual supplement
shall be deposited free of cost by the municipality in the following
manner:
As used in this chapter, unless the context
requires a different meaning, the following words shall have the meanings
ascribed to them in this section:
The peace officer in charge of the police force of this City.
The City Clerk, including any deputy or member of the office
staff of the City Clerk while performing the duties of the Clerk's
office.
The Municipal Court of this City.
The judge of the Municipal Court of this City, including
any acting judge or alternate judge thereof, as provided for by the
statutes of this state and this chapter.
The district court judicial district of the State of Oklahoma
wherein the government of this City is situated.
The Municipal Court shall be operative on and
after the 13th day of January 1969.
The court shall exercise original jurisdiction
to hear and determine all prosecutions wherein a violation of any
provision of this Code or of any other ordinance of this City is charged,
including any such prosecutions transferred to the court in accordance
with applicable law.
[Amended 2-2-1988 by Ord. No. 2574]
There shall be one judge, and one or more alternate
judges of the court, the same to be appointed by the City Manager
for an indefinite term.
A.
The judge of the Municipal Court must be duly licensed to practice law in the State of Oklahoma, except as provided in Subsection B. Such licensed attorney need not reside in the City.
[Amended 11-8-2022 by Ord. No. 9309]
B.
If no attorney licensed to practice law in the state
residing in Canadian County, and acceptable to the Mayor and City
Council, is willing to accept the appointment as judge, the Mayor,
with the consent of the Council, may appoint as judge a person residing
within the City, who must be at least 25 years of age at the time
of the appointment, subject to the requirements and limitations set
forth in 11 O.S. § 27-104, as amended.
[Amended 8-12-2014 by Ord. No. 9061]
[Amended 2-2-1988 by Ord. No. 2575]
The official term of the judge shall be indefinite. The judge, or any alternate or acting judge, shall be appointed by the City Manager and shall serve at the pleasure of the majority of the City Council. Said removal shall be as provided in § 28-13.
[Amended 11-8-2022 by Ord. No. 9309]
The judge of the court shall be paid an hourly
fee as fixed from time to time by the City Manager. Such fee shall
be for the hours actually devoted to the performance of his or her
duties.
The judge may prescribe rules, consistent with
the laws of the state and with the ordinances of the City, for the
proper conduct of the business of the court.
[Amended 11-8-2022 by Ord. No. 9309]
A.
The judge of the Municipal Court may serve as judge
of other municipal courts, if such service may be accomplished consistently
with his duties as judge of this court, with the consent of the City
Manager.
B.
The judge may engage in the practice of law in other
courts, but he shall not accept employment inconsistent with his duties
as judge, or arising out of facts which give rise to or are connected
with cases within the jurisdiction of the court, pending therein or
which might become the subject of proceedings therein.
[Amended 11-8-2022 by Ord. No. 9309]
A.
There shall be appointed an alternate judge of the
court, possessed of the same qualifications as the judge. His appointment
shall be for the same term and made in the same manner as the judge.
He shall sit as acting judge of the court in any case if the judge
is absent from the court, unable to act as judge, or disqualified
from acting as judge in the case.
B.
If at any time there is no judge or alternate judge,
duly appointed and qualified, available to sit as judge, the City
Manager shall appoint some person, possessing the qualifications required
by this chapter for the judge, who shall preside as acting judge over
the court in the disposition of pending matters until such time as
a judge or alternate judge shall be available.
[Amended 6-5-2007 by Ord. No. 5013; 11-8-2022 by Ord. No. 9309]
An alternate judge or an acting judge shall
be paid an hourly fee as fixed from time to time by the City Manager.
Such fee shall be for the hours actually devoted to the performance
of his or her duties.
[Amended 11-8-2022 by Ord. No. 9309]
Judges shall be subject to removal from office
by the City Council for the causes prescribed by the Constitution
and laws of this state for the removal of public officers. Proceedings
for removal shall be instituted by the filing of a verified written
petition with the City Clerk, setting forth facts sufficient to constitute
one or more legal grounds for removal. Petitions may be signed and
filed by the Mayor or by 25 or more qualified electors of this City.
In the latter event, verification may be executed by one or more of
the petitioners. The Council shall set a date for hearing the matter,
and shall cause notice thereof, together with a copy of the petition,
to be served personally upon the judge at least 10 days before the
hearing. At the hearing, the judge shall be entitled to representation
by counsel, to present testimony and to cross-examine the witnesses
against him, and to have all evidence against him presented in open
hearing. So far as they can be made applicable, the provisions of
the Oklahoma Administrative Procedures Act governing individual proceedings
(75 O.S. §§ 309 through 317 and any amendments or additions
thereto in effect at the time of the hearing) shall govern removal
proceedings hereunder. Judgment of removal shall be entered only upon
individual votes, by a majority of all members of the City Council,
in favor of such removal.
[Amended 11-8-2022 by Ord. No. 9309]
A vacancy in the office of judge shall occur
if the incumbent dies, resigns, retires, ceases to possess the qualifications
for the office, or is removed, and the removal proceedings have been
affirmed finally in judicial proceedings or are no longer subject
to judicial review. Upon the occurrence of a vacancy in the office
of judge, the City Manager shall appoint a successor upon the same
procedure as an original appointment is made.
In prosecutions before the court, no change
of venue shall be allowed, but the judge before whom the case is pending
may certify his disqualification or he may be disqualified from sitting
under the terms, conditions and procedure provided by law for courts
of record. If the judge is disqualified, the matter shall be heard
by an alternate or acting judge, appointed as provided in this chapter.
[Amended 11-8-2022 by Ord. No. 9309]
The City Clerk, or a deputy designated by him,
shall be ex officio Clerk of the Court. The Clerk of the Court shall
assist the judge in recording the proceedings of the court and in
preparing writs, processes, and other papers. He shall administer
oaths required in proceedings before the court. He shall enter all
pleadings, processes, and proceedings in the dockets of the court.
He shall perform such other clerical duties relating to the proceedings
of the court as the judge shall direct.
The Clerk of the Court shall give bond to the
City, in the form prescribed by state law, in the sum of $1,000. Such
bond shall be approved by the City Council and shall be filed with
the City Clerk.
[Amended 5-17-1978 by Ord. No. 2317; 6-5-2007 by Ord. No. 5013]
There is no duty on the part of the City or
any of its officers or employees to formally prosecute actions in
the Municipal Court; however, the City Manager may hire an attorney
duly licensed to practice law in the State of Oklahoma to serve in
the capacity of Municipal Prosecutor, and the City Manager may determine
the compensation for such position based on the qualifications and
experience of the applicant. The Municipal Prosecutor need not reside
in the City. In the absence of a prosecuting officer, the judge shall
proceed with the case and hear evidence and examine witnesses in such
a manner as he may deem necessary to effect justice.
[Amended 11-3-1992 by Ord. No. 2695; 11-3-1992 by Ord. No. 2696; 6-5-2007 by Ord. No. 5015; 11-15-2016 by Ord. No. 9102]
The City Manager may employ a properly qualified
person assigned to the Police Department under the supervision of
the Chief of Police or other designee to perform the duties and responsibilities
of City Marshal(s). The City Marshal(s) shall have primary responsibility
for the enforcement of municipal property code violations, service
of municipal summons and arrest warrants, court security, the transport
of arrestees, supervision of court-ordered community service workers
and may perform other duties as assigned by the Police Chief. The
City Marshal(s) has peace officer authority and may carry a firearm
and enforce other City ordinance, state statute as necessary in the
performance of his primary responsibilities as directed by the Chief
of Police. With the permission of the City Manager, the Chief of Police
may use the City Marshal(s) in other capacities within the City as
conditions warrant. In the absence of a City Marshal(s), the Police
Chief may assign a police officer to perform the primary duties and
responsibilities of the City Marshal(s).
[Amended 11-3-1992 by Ord. No. 2695; 11-3-1992 by Ord. No. 2696; 6-5-2007 by Ord. No. 5015; 11-15-2016 by Ord. No. 9102]
The City Marshal(s) and any member of the police
force of this municipality shall execute all writs and other processes
issued by the Municipal Court, except as otherwise provided.
All prosecutions for violation of this Code or other ordinances of the City shall be styled "The City of El Reno, Oklahoma vs. (naming defendant or defendants)." Except as otherwise provided in Chapter 343 of this Code with respect to traffic violations, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making complaint, and setting forth concisely the offense charged.
A.
Upon the filing of a complaint charging a violation
of this Code or other ordinance of the City, the judge, unless he
determines to issue a warrant of arrest, or unless the defendant previously
has been issued a citation or has been arrested and has given bond
for his appearance, shall issue a summons, naming the person charged,
specifying his address or place of residence, if known, stating the
offense with which he is charged and giving him notice to answer the
charge in the court on a day certain, containing a provision for the
official return of the summons, and including such other pertinent
information as may be necessary.
B.
The summons shall be served by delivering a copy to
the defendant personally. If he fails to appear and to answer the
summons within the prescribed period, a warrant shall be issued for
his arrest, as provided by this chapter.
Except as otherwise provided in this Code, upon
the filing of a complaint approved, by endorsement, by the City Attorney
or by the judge, there shall be issued a warrant of arrest, in substantially
the following form:
|
The City of El Reno, Oklahoma, to the Marshal
of the Municipal Court of El Reno, Oklahoma.
|
|---|
|
Complaint upon oath having this day been made
by (naming complainant) that the offense of (naming the offense in
particular but general terms) has been committed and accusing (name
of defendant[s]) thereof, you are commanded therefore forthwith to
arrest and bring before me the above named (defendant[s]) at the Municipal
Building in said City. Witness my hand this __________ day of ______________ ______.
|
|
|
|
Judge of the Municipal Court of the City of
El Reno, Oklahoma.
|
Upon arrest, or upon appearance without arrest
in response to citation or summons, or at any other time before trial,
before or after arraignment, the defendant shall be eligible to be
released upon giving bail for his appearance in an amount and upon
conditions fixed by the judge, who shall prescribe appropriate rules
of court for the receipt of bail. In case of arrests made at night
or under other conditions of emergency or when the judge is not available,
the rules shall authorize the Chief of Police, or his designated representative,
to accept a temporary cash bond in a sufficient amount to secure the
appearance of the accused, but not more than the maximum fine provided
by ordinance for the 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.[2]
[2]
Editor’s Note: Former § 28-24.1, Posting of
bail bond by licensed bail bonding company, added 5-6-2008 by Ord.
No. 6006, which immediately followed this section, was repealed 5-4-2010
by Ord. No. 8007.
Upon making his appearance before the court,
the defendant shall be arraigned. The judge or the City Attorney shall
read the complaint to the defendant, inform him of his legal rights,
and of the consequences of conviction, and ask him whether he pleads
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.
Before a trial commences in the Municipal Court,
either party, upon good cause shown, may obtain a reasonable postponement
thereof.
The defendant must be present in person at the
trial of his case in the Municipal Court.
In all trials in the Municipal Court, as to
matters not covered by this chapter or by statutes relating to municipal
courts, or by rules duly promulgated by the Supreme Court of Oklahoma,
the procedure applicable to trials of misdemeanors in the district
courts shall apply to the extent that they can be made effective.
A.
Witnesses in any proceeding in the court, other than
police officers, peace officers or prosecuting witnesses, shall be
entitled to fees as set from time to time by the City Council in the
form of a resolution. No witness shall receive fees in more than one
case for the same period of time. A defendant seeking to subpoena
witnesses must deposit with the Clerk of the Court a sum sufficient
to cover fees for one day of attendance for each witness to be summoned,
but such deposit shall not be required from an indigent defendant
who files an affidavit setting out:[1]
B.
The fees of such witnesses shall be paid by the City.
At the close of a trial in the Municipal Court,
judgment must be rendered immediately by the judge, who shall cause
it to be entered in his docket.
If judgment of the court is of acquittal, and
the defendant is not to be detained for any other legal cause, he
must be discharged at once.
If the defendant pleads guilty or is convicted
after trial, the court must render judgment thereon, fixing the penalty
within the limits prescribed by this Code or other applicable ordinance
and imposing sentence accordingly.
[Amended 5-17-1978 by Ord. No. 2317; 9-15-1983 by Ord. No. 2454; 4-5-1988 by Ord. No. 2582; 7-1-1997 by Ord. No. 2844; 8-1-2006 by Ord. No. 4023]
Whenever in this Code or in any ordinance of
the City an act is prohibited or is made or declared to be unlawful,
or wherever the doing of an act is required or the failure to do any
act is declared to be unlawful, the violation of any such provision
of this Code or any such ordinance shall be punishable by a fine or
deferral fee in an amount not to exceed $750, unless the ordinance
specifically provides for some other penalty not to exceed a fine
or deferral fee of $750. Each day on which any violation of this Code
or of any ordinance shall continue shall constitute a separate offense
and shall be punishable as such. Traffic-related offenses relating
to speeding or parking shall not exceed a fine or deferral fee of
$200.
[Amended 4-5-1988 by Ord. No. 2583; 8-1-2006 by Ord. No. 4026]
A.
A judgment that the defendant pay a fine may direct
also that he be imprisoned until the fine is satisfied, at the rate
of one day of imprisonment for each $50 of fine.
B.
All prisoners confined to jail on conviction or on
plea of guilty may be compelled, if their health permits, to work
on the public streets, avenues, alleys, parks, buildings or other
public premises or property. For each day of such work, the prisoner
shall be credited for serving two days of imprisonment under his sentence.
C.
The Chief of Police, subject to the direction of the City Manager, shall direct where the work referred to in Subsection B shall be performed. The head of the department in charge of the place where the work is to be performed, or some person designated by him, shall oversee the work. If a guard is necessary, the Chief of Police shall make provision therefor.
[Amended 9-15-1983 by Ord. No. 2456]
A.
After conviction and sentencing of a defendant in
the Municipal Court, the judge may suspend sentence in accordance
with provisions of, and subject to the conditions and procedures imposed
by, 11 O.S. §§ 27-123 and 27-124, and amendments thereto.
B.
Cost of the prosecution shall be taxed against a person
when the penalty assessed said person is a suspended sentence in the
same manner as costs are taxed against an individual for a violation
of any other ordinance of the City.
[Amended 2-2-1988 by Ord. No. 2576; 8-1-2006 by Ord. No. 4024]
A.
The judge of the Municipal Court is hereby empowered
to defer the imposition of a sentence or any part thereof and to authorize
probation for a period not to exceed six months from the date of sentence,
upon condition of the federal laws during the period of the deferral.
Upon the successful completion of the probation term, the defendant
shall be discharged without a court judgment of guilt, and the verdict,
judgment of guilty or plea of guilty shall be expunged from the record
and said charges shall be dismissed with prejudice to any further
action. However, upon finding of the court that the conditions of
probation have been violated, the municipal judge may enter a judgment
of guilty.
B.
If a deferred sentence is imposed, an administrative
deferral fee in lieu of a fine not to exceed the original fine amount
and any required fees may be imposed as costs in the case.
Obedience to the orders, rules and judgments
made by the judge or by the court may be enforced by the judge, who
may fine or imprison for contempt committed as to him while holding
court, or committed against process issued by him, in the same manner
and to the same extent as the district courts of this state.
The Clerk of the Court shall receive and receipt
for forfeitures, fees, deposits and sums of money payable to the court.
He shall pay to the Treasurer of the City, on the first and 15th day
of each month, all money so received by him, except such special deposits
or fees as shall be received by him to be disbursed by him for special
purposes. All money so paid to the Treasurer shall be placed in the
general fund of the City, or in such other fund as the City Council
may direct, and it shall be used in the operation of the municipal
government in accordance with budgetary arrangements governing the
fund in which it is placed.
[Amended 5-17-1978 by Ord. No. 2317; 9-15-1983 by Ord. No. 2454; 4-5-1988 by Ord. No. 2582; 8-4-2009 by Ord. No. 7019]
A.
When a person is convicted of a violation of this
Code or of any ordinance of the City, the cost of prosecution in the
amount as allowed by state law shall be taxed against such person,
in addition to any fine which was imposed.
B.
Upon conviction, in addition to the fine, the Clerk
shall also collect such costs as may have accrued in the case.
[Amended 5-17-1978 by Ord. No. 2317; 9-15-1983 by Ord. No. 2454; 7-1-1997 by Ord. No. 2843; 8-12-2014 by Ord. No.
9061; 11-8-2022 by Ord. No. 9309]
A.
In the
event that an ordinance provides for a penalty or fine in excess of
$500, excluding court costs, or imprisonment, or both such fine an
imprisonment, the case shall be set for a jury trial unless the defendant
and the municipality waive a jury. The waiver shall be in writing
and may be signed at any time before trial, and shall be in substantially
the following form:
|
CITY OF EL RENO
|
)
| ||
|---|---|---|---|
|
vs.
|
) No.
| ||
|
I, _______________________________, hereby acknowledge
that I am the defendant in the above styled action, the potential
penalty for a judgment of conviction is a fine in excess of $500 and/or
imprisonment for not more than 30 days and that I am entitled to a
trial by jury in this matter.
| |||
|
Fully understanding the nature of the charges
against me, the potential penalty and my rights, and I hereby voluntarily
waive my right to trial by jury, but I waive none other of my rights
at this time.
| ||
|
| ||
|
Defendant
| ||
|
The municipality hereby waives its right to
a jury trial.
| ||
|
| ||
|
For the City of El Reno
| ||
B.
The City
Manager or City Attorney may, in their discretion, waive a jury trial
on behalf of the City. If a jury trial is waived by the defendant
at any time after the jurors are selected, any costs thereby accrued
shall be assessed against the defendant.
[Amended 5-17-1978 by Ord. No. 2317; 9-15-1983 by Ord. No. 2454]
A.
The municipal judge shall by rule provide for jury
terms and the scheduling of cases for jury trial.
B.
Upon scheduling a matter for jury trial, the municipal
judge shall tender a written request to the district judge of Canadian
County for the selection of jurors. The request shall specify the
number of prospective jurors required, and the request and selection
shall conform to state law. The municipal judge, if he determines
it to be necessary, may call for a supplemental list of jurors in
the same manner as his original request.
C.
Jurors shall be qualified in accordance with state
law and may be exempted from jury duty as provided by state law.
E.
The summons for jury may be served by any police officer
of the El Reno Police Department or by registered or certified mail
and shall be issued by the Municipal Court Clerk or municipal judge.
The form of the summons shall be substantially as follows:
|
Take notice that you are directed to appear
at the City offices of the City of El Reno to serve as a juror for
the day of __________________, in the month of _________________,
and you must report each day(s) at __________________ o'clock ____
p.m. unless excused by the municipal judge. Failure to appear is a
violation of municipal ordinance punishable by a fine not to exceed
$50 for each day of nonappearance.
| ||
|
Signed
| ||
|
Municipal Judge
| ||
|
Served this day by
| ||
|
Dated this _____________________ day of
. | ||
|
Signed
| ||
F.
Failure to comply with a summons for jury duty shall
be a violation punishable by a fine of $50 for each day of noncompliance.
G.
The jury trial provided for herein shall consist of
six jurors, and a verdict may be reached by concurrence of five jurors
of those six.
[Amended 5-17-1978 by Ord. No. 2317; 9-15-1983 by Ord. No. 2454; 8-12-2014 by Ord. No. 9061; 11-8-2022 by Ord. No. 9309]
A.
Costs in the Municipal Court shall be the total of
any mileage, witness or jurors' fees accrued in any case, together
with a charge for any nonjury trial and a charge for any jury trial
in amounts as set from time to time by the City Council in the form
of a resolution. The costs shall be assessed in addition to any fines
or penalties otherwise provided.
B.
Appeals from the Municipal Court shall be had in accordance
with the procedures established by state law therefor, and the municipal
judge or Municipal Court Clerk shall take care that upon the filing
of a proper appeal all necessary documents shall be timely forwarded
to the Clerk of the District Court of Canadian County.
[Amended 8-6-1991 by Ord. No. 2658]
A.
The Municipal Court Clerk is allowed to accept fines
and dispose of cases which do not require a court appearance. The
payment of the fine to the Municipal Court Clerk shall be deemed a
final determination of the cause against the defendant.
B.
The payment by the defendant of the fine shall constitute
a plea of guilty to the alleged offense. Upon payment of the fine,
the defendant shall be precluded from contesting the charge and shall
be precluded from requesting an appearance before a judge.
C.
If a defendant is not required to appear before a
judge and chooses to pay the fine, the Municipal Court Clerk shall
make the defendant fully aware that he has the option of contesting
the alleged offense and appearing before a judge. The Municipal Court
Clerk shall make these alternatives known to the defendant, but shall
not advise the defendant.
D.
The defendant should sign the back of the citation
as proof that the defendant has been informed of his right to appear
before a judge and contest the offense, and that due process was met.
E.
At the end of the week, the Municipal Court Clerk
shall prepare a disposition docket of those defendants who entered
a plea of guilty and paid the appropriate fine (plus the fingerprint
fee and state penalty assessment) without a court appearance. A copy
of this docket should be sent to the Police Department so that officers
will know which of their cases are not going to require a court appearance.
The docket should also be signed or initialed by the judge at the
next court session.
F.
In addition to the collection of the fine, the Municipal
Court Clerk must also collect the statutorily imposed state penalty
assessment fee of $4, plus an additional separate fingerprint fee
of $3 per offense. This applies to any offense punishable by a fine
of $10 or more or by incarceration, excluding parking and standing
violations.
G.
Technology fee. A municipal court technology fee shall be and is
hereby established in the amount of $15. The fee shall be in addition
to and not in substitution for any and all costs, fees, fines, or
penalties otherwise provided for by law, and assessed on every citation
disposed of in the municipal court except those that are voided, declined
for prosecution, dismissed without costs, or the defendant is acquitted.
The revenues generated by this fee shall be used solely and exclusively
for the submissions, operation, maintenance, repair, lease, and replacement
of hardware, software, and peripheral technological equipment used
in the operation, prosecution, and administration of the municipal
court proceedings and criminal justice system of the City of El Reno,
which shall include but is not limited to: computers, hardware, and
software needs of the municipal court; audio, video, and other electronic
technologies to assist with municipal court proceedings; Digi ticket
lease funds; and the maintenance of said municipal court electronics.
[Added 8-14-2018 by Ord.
No. 9153]
[Amended 9-1-1992 by Ord. No. 2688; 2-4-1997 by Ord. No. 2829; 10-7-1997 by Ord. No. 2850]
A.
The Municipal Court of the City may assume jurisdiction
of cases involving children under 18 years of age charged with violating
municipal ordinances relating to illegal possession of firearms, vandalism,
shoplifting, trespassing, assault, battery, assault and battery, truancy,
curfews, possession of low-point beer as defined in 37 O.S. § 163.2,
possession of alcoholic beverages as defined in 37 O.S. § 506,
disorderly conduct, public intoxication and failure to appear for
a court appearance or comply with a court order and any other municipal
ordinances as agreed by the District Court, the District Attorney
and the municipality. If a child is prosecuted for an offense in the
Municipal Court, the child shall not be prosecuted for the same offense
in the District Court.
B.
A child under 18 years of age may be charged and prosecuted
for violating such a municipal ordinance, provided that the maximum
fine which may be imposed shall not exceed the maximum fine authorized
by law. When assessing punishment, the court also may require appropriate
community service work, not to exceed 90 hours, in lieu of a fine,
if the product of multiplying the number of hours of community service
work by the prevailing minimum wage does not result in a number which
exceeds the maximum fine authorized by law, or restitution, or both
community service work and restitution. In addition, the court may
require the child to receive counseling or other community-based services,
as necessary. If the child fails to complete the community service,
the parents or legal guardians of the child who knew or should have
known that the child failed to complete the community service may
be charged with a misdemeanor of the child failing to complete community
service, and upon conviction, the parent or guardian of such child
who knew or should have known that such child failed to complete the
community service may be fined an amount that is equal to the number
of community service hours that are uncompleted by the child, multiplied
by the hourly minimum wage.
C.
In addition, during any calendar year, if a child who is a defendant in the Municipal Court fails to appear for a court date on more than one occasion; is convicted of two or more of the offenses listed in Subsection A of this section, which offenses occurred on different days; or fails to pay any fine or court cost properly assessed by the Municipal Court, the Court Clerk shall mail notice of such occurrence to the Department of Public Safety, which department shall thereafter suspend or deny driving privileges for such child for six months. The suspension of the child's driving privileges are subject to the applicable provisions of state law regarding modification of the suspension, or reinstatement.
D.
The procedure to be followed by the Municipal Court
when assuming jurisdiction over such offenses provided for by this
section shall be in compliance with 10A O.S. § 1-1-101 et
seq.
E.
All municipal arrests and prosecution records for
cases involving children under 18 years of age charged with illegal
possession of firearms, vandalism, shoplifting, trespassing, assault,
battery, assault and battery, truancy, curfews, possession of low-point
beer as defined in 37 O.S. § 163.2, possession of alcoholic
beverages as defined in 37 O.S. § 506, disorderly conduct,
public intoxication and failure to appear for a court appearance or
comply with a court order and any other municipal ordinances as agreed
by the District Court, the District Attorney and the municipality,
shall be kept confidential and shall not be open to public inspection
except by order of the court as otherwise provided by 10A O.S. §§ 1-6-101
through 1-6-108 and 10 O.S. § 620.6.
F.
Funds generated from fines paid pursuant to the agreement
between the Municipal Court and the District Court shall be earmarked
and used by the municipality to fund local programs which address
problems of juvenile crime; any costs, including administrative costs,
shall be retained by the City to be used in any manner consistent
with the provisions of the Code of Ordinances of the City, the Charter
of the City and the Oklahoma Statutes.
G.
The City shall have the authority to take the steps
necessary to implement the program.
H.
Any fines and costs properly assessed against any child and which remain unpaid after three months may be assessed by the municipal judge against the child's parent, parents, legal guardian or legal custodian and collected and paid as provided for in Article XXVII of Title 11 of the Oklahoma Statutes; provided, however, that prior to such latter assessment, the Court Clerk shall give such child's parent, parents, legal guardian or legal custodian notice by certified mail to their place of residence or personal service of such action proposed to be taken.
[Amended 8-12-2014 by Ord. No. 9061]
