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HomeMy WebLinkAbout2015 14_Juvenile Court_2015.08.18kV A\W C' 1.2016- 001004 Book 2525 P9A CITY OF OWASSO, OKLAHOMA Fee5l20$6 5.00 9 amDPog: $ 0 005 RESOLUTION 2015 -14 Robin Anderson- RogarSCoun Clerk State of Oklahoma A RESOLUTION ASSUMING JURISDICTION OF MUNICIPAL COURT CASES _ INVOLVING JUVENILES. WHEREAS, Title 10A, Section 2- 2- 103(A), of the Oklahoma State Statutes provides that a municipality with a population of at least twenty -five thousand (25,000) may, by written resolution filed with the district court, assume jurisdiction of cases involving children under the age of eighteen (18) years of age charged with violating any municipal ordinance; WHEREAS, the City Of Owasso has a population that exceeds twenty -five thousand (25,000); WHEREAS, the City of Owasso desires to continue to establish, develop and implement various prevention and /or early intervention programs for local juvenile misdemeanor offenders, as permitted by IDA O. S. §2- 2- 103(A), and to assume jurisdiction of cases involving children under the age of eighteen (18) years of age charged with violating certain municipal ordinances, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the City of Owasso Municipal Court may assume jurisdiction of cases involving children under the age of eighteen (18) who are charged with violating municipal ordinances relating to: 2. Ci 3. 4. 5: 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Assault Assault and Battery Battery Carrying Harmful Weapon Contempt of Court Curfew Disorderly Conduct Failure to Appear for a Court Appearance Failure to Comply with a Court Order False Representation to an Officer Firework Violation Larceny Possession of Alcoholic Beverage Possession of Low Point Beer Possession of Marijuana Possession of Drug Paraphernalia Possession of Tobacco by a Minor Public Intoxication Resisting an Officer Trespassing Truancy Vandalism Violation of any Traffic Ordinance Any other applicable city ordinance THE CITY OF OWASSO reserves the right to decline prosecution for the enumerated offenses, and to refer any violations alleged to have been committed by the juvenile to county juvenile authorities for further prosecution. APPROVED AND ADOPTED this 18 +h day of August, 2015 by the City Council of the City of Owasso, Oklahoma. OF O� �N` ATTEST: fl"�-IOIINCTAL O SEA Sherry Bisho', City APPROVED AS TO FORM: Julie out Lombardi, City Attorney /0 ;+j 0� oW(:1550 A 5q u);15 o n P- 0. 3 ° % tgo DW61550, OK '7yTj� 2 Jeri • - 1- 2016- 001004 Book 2525 P9:5 01/25/2016 9:39 am Pg 0004 -0005 Fee: $ 15.00 Doc: $ 0.00 Robin Anderson - Roppers County Clerk State of ON home OFFICE OF ROGERS COUNTY CLERK Claremore, OK Receipt Detail Receipt Number 2016- 00000585 Received On: January 25, 2016 Received Of: CITY OF OWASSO $15.00 (For fees or items as shown in margin hereot) Fees Instrument PRESERV ATIO I- 2016 - 001004 RECORDED I- 2016 - 001004 Total: Cash Tendered $ CONTROL NO. 1102 5 3 Payments Owed Pay Type Check # Amount Paid 5.00 Check 7316 15.00 10.00 $15.00 Robin Anderson County Clerk Less Refund $0.00 TRACI TABER Deputy Total Received $15.00 CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -14 A RESOLUTION ASSUMING JURISDICTION OF MUNICIPAL COURT CASES INVOLVING JUVENILES. WHEREAS, Title 10A, Section 2- 2- 103(A), of the Oklahoma State Statutes provides that a municipality with a population of at least twenty -five thousand (25,000) may, by written resolution filed with the district court, assume jurisdiction of cases involving children under the age of eighteen (18) years of age charged with violating any municipal ordinance; WHEREAS, the City of Owasso has a population that exceeds twenty -five thousand (25,000); WHEREAS, the City of Owasso desires to continue to establish, develop and implement various prevention and /or early intervention programs for local juvenile misdemeanor offenders, as permitted by 10A O. S. §2- 2- 103(A), and to assume jurisdiction of cases involving children under the age of eighteen (18) years of age charged with violating certain municipal ordinances, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the City of Owasso Municipal Court may assume jurisdiction of cases involving children under the age of eighteen (18) who are charged with violating municipal ordinances relating to: 1. Assault 2. Assault and Battery 3. Battery 4. Carrying Harmful Weapon 5. Contempt of Court 6. Curfew 7. Disorderly Conduct 8. Failure to Appear for a Court Appearance 9. Failure to Comply with a Court Order 10. False Representation to an Officer 11. Firework Violation 12. Larceny 13. Possession of Alcoholic Beverage 14. Possession of Low Point Beer 15. Possession of Marijuana 16. Possession of Drug Paraphernalia 17. Possession of Tobacco by a Minor 18. Public Intoxication 19. Resisting an Officer 20. Trespassing 21. Truancy 22. Vandalism 23. Violation of any Traffic Ordinance 24. Any other applicable city ordinance dIS �c T � 406 T Qt 4 THE CITY OF OWASSO reserves the right to decline prosecution for the enumerated offenses, and to refer any violations alleged to have been committed by the juvenile to county juvenile authorities for further prosecution. APPROVED AND ADOPTED this 181h day of August, 2015 by the City Council of the City of Owasso, Oklahoma. APPROVED AS TO FORM: Julie out Lombardi, City Attorney The City Wit lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel App&aVgo By COuIVCrC Auk l 4U0,d SUBJECT: Proposed Resolution to Allow Municipal Court to Assume Jurisdiction of Juveniles DATE: August 14, 2015 BACKGROUND: Pursuant to the last census taken, population of the City of Owasso exceeds 25,000 residents. Accordingly, it is necessary for the City of Owasso to adopt a resolution, to be filed with the district courts in Tulsa and Rogers Counties, so that the Owasso Municipal Court may continue adjudicating juvenile offenses arising out of municipal ordinance violations. Title 10A, Section 2- 2-103(A) of the Oklahoma State Statutes requires that municipalities with a population of at least 25,000 adopt a written resolution to assurne jurisdiction of municipal offenses committed within their city by juveniles. Section 2- 2- 103(A) further requires that, once approved, the resolution be filed with the district court. Proposed Resolution 2015 -14 states that the City of Owasso desires to continue adjudicating violations of municipal ordinances committed by juveniles, and to continue establishing, developing and implementing prevention and early intervention programs such as Youth Court, While the Owasso Municipal Court currently assumes jurisdiction of minors charged with the violation of a municipal ordinance, and has done so for many years, it is now necessary to adopt the proposed resolution to comply with l0A O.S. §2- 2- 103(A). This item was discussed at the August work session and Resolution 2015 -14 is now recommended for approval. Approval of this resolution, and subsequent filing with the district courts in Tulsa and Rogers Counties, will permit the City of Owasso's Municipal Court to continue adjudicating juvenile offenses of municipal ordinances. PROPOSED ACTION: Approval of Resolution 2015 -14 assuming jurisdiction of municipal court cases involving juveniles. ATTACHMENT: Resolution 2015 -14