The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Clerk means the clerk of the city, including any deputy or member of the office staff of the clerk while performing duties of the clerk's office.

Court means the municipal court of the city.

Judge means the judge of the municipal court, including any acting judge or alternate judge thereof as provided for by the statutes of this state and this article.

(Code 1977, § 2.40.020)

Cross reference— Definitions generally, § 1-2.

The creation of the municipal court is ratified.

State Law reference— Creation of municipal court, 11 O.S. §§ 27-101, 27-102.

The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the city is charged, including any such prosecutions transferred to the court in accordance with applicable law.

(Code 1977, § 2.40.030)

State Law reference— Municipal court jurisdiction, 11 O.S. § 27-103.

All writs or process of the court shall be directed, in his official title, to the chief of police of the city, who shall be the principal officer of the court.

(Code 1977, § 2.40.130)

State Law reference— Similar provisions, 11 O.S. § 27-110.

The attorney for the city, or his duly designated assistant, may be employed to prosecute actions in the municipal court, and to prosecute and resist appeals therefrom as may be deemed necessary and desirable by the city council.

(Code 1977, § 2.40.150)

State Law reference— Functions of city attorney, 11 O.S. § 27-108.

(a)

Bond. The clerk of the court shall give bond in the form provided by 11 O.S. § 27-111, in the sum of $3,000.00, or as the council shall direct. When approved, it shall be filed with the city clerk and retained in the city archives.

(b)

Collection of fines. For every judgment of conviction entered, the clerk of the court shall collect the fine imposed.

(Code 1977, §§ 2.40.160, 2.40.350)

State Law reference— Clerk of court generally, 11 O.S. §§ 27-109, 27-111.

On the first and 15th day of each month the clerk of the municipal court shall pay to the city treasurer all money received by him as clerk, except such special deposits or fees as shall be received to be disbursed by him for special purposes. All money 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 city government in accordance with budgetary arrangements governing the fund in which it is placed.

(Code 1977, § 2.40.140)

State Law reference— Clerk to deliver funds to treasurer, 11 O.S. § 27-109(5); disposition of fines, fees and forfeitures, 11 O.S. § 27-112.

(a)

A violations bureau is established as a division of the office of the clerk of the municipal court, to be administered by the clerk or subordinates designated by him for that purpose.

(b)

Persons who are cited for violation of one of the regulatory ordinances of this city, which violation is listed on the minimum fine schedule, may elect to pay a fine in the violations bureau according to a schedule, which shall be adopted and approved by the city council by resolution, except that this provision shall not apply to those persons who have been cited for violation of more than one traffic offense and have been found guilty or have entered pleas of guilty or nolo contendere to the offense in the municipal court within the 12-month period preceding the date of the issuance of the citation. A copy of the approved schedule shall be on file with the city clerk and court clerk for public inspection. Such persons shall pay the specified amount and sign a written plea of guilty or nolo contendere prior to their court appearance date.

(Code 1977, § 2.40.210)

State Law reference— Fines in lieu of appearance, 11 O.S. § 27-116.

Witnesses in any proceeding in the court, other than police officers or peace officers, shall be entitled to $5.00 per each day of attendance, plus $0.10 for each mile actually and necessarily traveled in going to and returning from the place of attendance, if their residence is outside the limits of the city. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage 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)

The names of not more than three witnesses;

(2)

Mileage as allowed by law;

(3)

That the testimony of the witnesses is material; and

(4)

That their attendance at the trial is necessary for his proper defense.

The fees of such witnesses shall be paid by the city.

(Code 1977, § 2.40.310)

Costs in the municipal court shall be the total of any mileage, witness or juror fees accrued in any case together with a charge as set forth in section 42-26 for any case, whether it be a jury or nonjury trial. Where any unpaid penalties, costs, fines, fees and monetary obligations are referred for collection pursuant to a contract with a collection agency, the municipal clerk shall collect as a collection fee on each item so referred the amount set forth in section 2-176 on each unpaid item. In addition, the municipal court clerk shall collect all other fees as allowed by applicable Oklahoma State Law.

(Code 1977, § 2.40.390; Ord. No. 875, § 1, 12-2-2003; Ord. No. 1033, § 2, 12-1-2009)

State Law reference— Costs, 11 O.S. §§ 22-138, 27-126.

(a)

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.

(b)

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. In the absence of a prosecuting officer, the judge shall proceed with the case and hear evidence and examine witnesses in such manner as he may deem necessary to effect justice.

(Code 1977, § 2.40.170)

The defendant must be present in person at the trial.

(Code 1977, § 2.40.270)

(a)

Any person convicted of an offense, including traffic offenses, but excluding parking, standing and seat belt violations, punishable by a fineof $10.00 or more or by incarceration or any person forfeiting bond when charged with such an offense, shall be ordered by the court to pay $20.00 as a separate fee, which fee shall be in addition to and not in substitution for any and all fines, penalties and fees otherwise provided for by law for such offense.

(b)

There is hereby established a police traffic enforcement fund for the sole purpose of funding the purchase of equipment, specialized training of law enforcement officers and the development of programs to enforce state and local traffic laws. Program development may include, but not be limited to, all associated costs for citizen educational programs and citizen partnerships to reduce traffic law violations and traffic accidents.

(c)

The police traffic enforcement fund shall be a separate fund, not supplanting normal training or equipment funds established within the municipal budget.

(d)

The court clerk shall deposit the monies set aside pursuant to subsection (a) into the appropriate fund in accordance with municipal ordinance.

(Ord. No. 920, § 1, 9-7-2004; Ord. No. 1146, § 1, 4-18-2017)

(a)

The municipal court shall require a person who is actually received into custody at the city jail facility or who is confined in a city or county jail or other holding facility at the request of the city, for any offense, to pay the municipality the costs of incarceration, both before and after conviction, upon conviction or receiving a deferred sentence. The costs of incarceration shall be collected by the clerk of the court as provided for collection of other costs and fines, which shall be subject to review under the procedures set forth in Section VIII of the Rules of the Oklahoma Court of Criminal Appeals, Chapter 18, Appendix of Title 22 of the Oklahoma Statutes. Costs of incarceration shall include booking, receiving and processing out, housing, food, clothing, medical care, dental care, and psychiatric services. The costs for incarceration shall be an amount equal to the actual cost of the services and shall be determined by the chief of police for city jails and holding facilities, by the county sheriff for county jails or by contract amount, if applicable. In the event a person requires emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb prior to being actually received into the custody of any jail facility, the provisions of 21 O.S. § 533 shall apply to taking custody, medical care and cost responsibility.

(b)

Except for medical costs, ten percent of any amount collected by the court clerk shall be paid to the office of municipal attorney, and the remaining amount shall be paid to the municipality. The court shall order the defendant to reimburse all actual costs of incarceration, upon conviction or upon entry of a deferred judgment and sentence unless the defendant is a mentally ill person as defined by 43A O.S. § 1-103. The chief of police shall give notice to the defendant of the actual costs owed before any court-ordered costs are collected. The defendant shall have an opportunity to object to the amount of costs solely on the grounds that the number of days served is incorrect. If no objection is made, the costs may be collected in the amount stated in the notice to the defendant. The chief of police or municipality may collect costs of incarceration ordered by the court from a jail account of the inmate. If the funds collected from the jail account of the inmate are insufficient to satisfy the actual incarceration costs ordered by the court, the municipality is authorized to collect the remaining balance of the incarceration costs by civil action. When the chief of police or municipality collects any court-ordered incarceration costs from a jail account of the inmate or by civil action, the court clerk shall be notified of the amount collected.

(c)

Except as may otherwise be provided in 21 O.S. § 533, any offender receiving routine or emergency medical services or medications or injured during the commission of a felony or misdemeanor offense and administered any medical care shall be required to reimburse the municipality responsible for the operation of the jail the full amount paid by the municipality for any medical care or treatment administered to such offender during any period of incarceration or when the person was actually received into custody for any reason in the jail facility.

(d)

Costs of incarceration shall be a debt of the inmate owed to the municipality responsible for the operation of the jail and may be collected as provided by law for collection of any other civil debt or criminal penalty.

(Ord. No. 952, § 1, 12-6-2005)

State Law reference— Defendant to pay cost of incarceration, 22 O.S. § 979a

In all prosecutions in the municipal court for any offense for which the city with the concurrence of the court, seeks imposition of a fine of more than $500.00, excluding court costs, or imprisonment, or both such fine and imprisonment, a jury trial shall be had unless waived by the defendant and the city, provided that the city has compiled its penal ordinances in accordance with the provisions of 11 O.S. §§ 14-109 and 14-110. If the city has not compiled its ordinances as provided by law, the fine shall not exceed $50.00. In prosecutions for all other offenses, or in cases wherein a jury trial is waived by the defendant and the city, trial shall be to the court. A jury in the municipal court shall consist of six jurors, five of whom may return a verdict. Jurors shall be good and lawful men and women, citizens of the county in which the court sits, having the qualifications of jurors in the district court.

(Ord. No. 986, § 1, 12-19-2006)

(a)

There is hereby established an enforcement of alcohol laws fund to be used to defray costs for enforcement of laws relating to juvenile access to alcohol, other laws relating to alcohol and other intoxicating substances, and traffic-related offenses involving alcohol or other intoxicating substances.

(b)

Fifty dollars of each alcohol-related fine or deferral fee collected by the municipal court shall be set aside for the enforcement of alcohol laws fund. The court clerk shall deposit the monies set aside pursuant to this subsection into the appropriate fund in accordance with municipal ordinance.

(c)

The enforcement of alcohol laws fund shall be a separate fund, not supplanting normal training or equipment funds established within the municipal budget.

(Ord. No. 1087, § 1, 6-4-2013)

State Law reference— Enforcement and penalties for violation of municipal ordinances, 11 O.S. § 14-111.

(a)

A police technology fee shall be and is hereby established in the amount of $25.00. This 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.

(b)

There is hereby established a police technology fund. The monies from the police technology fund shall be used for the sole purpose of funding the acquisition, operation, maintenance, repair and replacement of police technological advances and upgrades, data processing equipment and software related to the administration of the municipal laws and the municipal criminal justice system.

(c)

The police technology fund shall be a separate fund, not supplanting normal training or equipment funds established within the municipal budget.

(d)

The court clerk shall deposit the monies collected pursuant to subsection (a) into the police technology fund.

(Ord. No. 1146, § 2, 4-18-2017)

There is hereby established a fee for processing an order for expungement of records from municipal court and police department files. The fee shall be $150.00, and shall be paid by the person seeking expungement when the order of expungement is presented to the court or provided to the city for processing.

(Ord. No. 1166, § 1, 7-3-2018; Ord. No. 1170, § 1, 8-7-2018)

There shall be one judge of the court.

(Code 1977, § 2.40.040)

State Law reference— Number of judges to be fixed by ordinance, 11 O.S. § 27-104(A).

Judges and alternate judges shall be appointed by the mayor with the consent of the city council. A proposed appointment shall be submitted in writing to the city council at the next to the last regularly scheduled meeting prior to the date upon which the appointment is to take effect, and shall be acted upon at the next regularly scheduled meeting. The city council may decide upon the proposed appointment by a majority vote of a quorum present and acting. Failure of decision upon a proposed appointment shall not prevent action thereon at a later regularly scheduled meeting of the city council, unless the mayor, in writing, withdraws the proposed appointment.

(Code 1977, § 2.40.080)

State Law reference— Appointment of judges, 11 O.S. § 27-104(A).

The term of the judge expires on January 13 in each odd-numbered year.

(Code 1977, § 2.40.050)

State Law reference— Term of judge, 11 O.S. § 27-104(A).

There shall be appointed, for each judge of the court, an alternate judge, possessed of the same qualifications as the judge.

(Code 1977, § 2.40.060)

State Law reference— Alternate judge, 11 O.S. § 27-106.

An alternate judge or an acting judge shall be paid as specified by the council for each day devoted to the performance of his duties, except that, for any month, the total payments so calculated shall not exceed the salary of the judge in whose stead he sits. An alternate or acting judge who sits for an entire month shall receive the same salary as the judge in whose stead he sits.

(Code 1977, § 2.40.090(B))

State Law reference— Compensation of acting judge, 11 O.S. § 27-106.

A vacancy in the office of judge shall occur if the incumbent:

(1)

Dies;

(2)

Resigns;

(3)

Ceases to possess the qualifications for the office; or

(4)

Is removed, and the removal proceeding has been affirmed finally in judicial proceedings or is no longer subject to judicial review.

(Code 1977, § 2.40.110)

State Law reference— Filling vacancies in office of judge, 11 O.S. § 27-107.

Judges shall be subject to removal from office by the city council for the causes prescribed by the constitution and laws of the state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified written petition setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by the mayor or 25 or more qualified electors of the city; in the latter event, verification may be executed by one or more of the petitioners. The city 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 ten 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 article II of the Oklahoma Administrative Procedure Act (75 O.S. § 308a et seq.) shall govern removal proceedings under this section. 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.

(Code 1977, § 2.40.100)