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HomeMy WebLinkAbout104_Arrests_Traffic ViolationsORDINANCE NUMBER 104 AN ORDINANCE RELATING TO ARRESTS FOR TRAFFIC VIOLATIONS; PROVIDING AUTHORITY OF ARRESTING OFFICER TO RELEASE VIOLATORS OF TRAFFIC ORDINANCES, WITH CERTAIN EXCEPTIONS, WITHOUT BOND; STATING OFFENSES IN WHICH APPEARANCE BONDS MUCH BE POSTED; PROVIDING PROCEEDURE FOR RELEASEING AN OFFENDER, WHEN PERMITTED; ESTABLISHING PENALTIES FOR FAILURE TO OBEY NOTICENOITCE TO APPEAR IN COURT FOR TRIAL; MAKING FAILURE TO OBEY NOTICE TO APPEAR AN OFFENSE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA: Section 1. RELEASE OF DEFENDANT WITHOUT REQUIRING POSTING OF APPEARANCE BOND--WHEN. Whenever any person is taken into custody, under arrest to be charged with the violation of any traffic ordinance of The Town of Owasso, Oklahoma, other than in such cases specifically excepted by this ordinance or other ordinances of The Town of Owasso, the Marshal, Deputy Marshall, police Officer or other officer making the arrest, is vested with authority to release such person from custody upon the issuance to him of a written notice to appear and his signing a promise to appear, where it appears to such officer that such defendant cannot possibly make and post an appearance bond. Section 2. APPEARANCE BONDS REQUIRED--WHEN. Any person taken into custody to be charged with the offense of driving a motor vehicle while under the influence of liquor or drugs, reckless driving or driving a motor vehicle at a speed greater than twenty (20) miles per hour over the established speed limit provided where such offense is charged to have been committed, or who shall flee or attempt to flee in order to avoid prosecution for violation of any of the traffic ordinances of The Town of Owasso, shall be required to post bond in the sum of Twenty Dollars ($20.00), in cash money of the United States of America, and shall not be released from custody until such bond has been made and posted by such accused person, or by order of a judge or magistrate having jurisdiction to hear and determine the guilt or the innocence of such accused person. Section 3. FAILURE TO OBEY NOTICE TO APPEAR. (a) it shall be unlawful and an offense for any person to violate his written promise to appear given to an officer upon the issuance of a traffic citation containing a notice to appear for trial, regardless of the disposition of the charge for chich such notice to appear was originally given and issued. (b) A written promise to appear in court may be complied with by an appearance by counsel. (c) A judge or magistrate having jurisdiction to hear and determine the guilt or the innocence of a person charged with the violation of a traffic ordinance of The Town of Owasso, shall have authority and the right to dismiss a charge of failure to obey a notice to appear for trial, should he, in his opnion, find that sufficient circumstances existed to excuse a breach of the defendant's promise to appear. Section 4. PENALTY FOR FAILURE TO APPEAR AFTER PROMISE GIVEN. Any person found to be guilty of failing to obey a notice to appear for trial, after having given his written promise to appear as provided by this ordinaince, shall be punished by a fine of not less than One Dollar ($1.00) nor more than Twenty Dollars ($20.00) including costs. Section 5. EMERGENCY. That conditions exist requiring adaquate police control and protection, and by reason thereof an emergency exists and is delcared to exist for the preservation and protection of the public health, peace, safety and welfare, by reason whereof this Ordinance shall take affect immediately from and after its passage and approval, as provided by law. EMERGENCY CLAUSE voted upon separately and passed by unanimous vote of the Board of Trustees this 16th day of September, 1968. PASSED by the Board of Trustees of The Town of Owasso, Oklahoma, this 16th day of September, 1968, and APPROVED by the President of the Board of Trustee of The town of Owasso this 16th day of September, 1968. President of the Board of Trustees, and ATTEST: Town Clerk MEMBER, APPROVED: Attorney for the Town of Owasso. PROOF OF PUBL, I-ATION STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn, upon oath deposes and says that he is the publisher of the ........... a newspaper printed in the English language, in the City of . . . . . . .............. Tulsa County, Oklahoma, having a bona fide paid general circulation therein, and with entrance into the United States mail as second class mail matter in Tulsa County and published in said county where delivered to the United States mail, and that the notice by publication, a copy of which is hereto attached, was published in said newspaper for ............. consecutive weeks, the first publication being on the ... . ............... day of . . 19 and the last day of publication being on the ............. day of .............. 19 . . . . . .. and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first publication of said notice, or advertisement, as required by Section one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended by House Bill No. 495, 22nd Legislature, and thereafter, and complies with all of the prescriptions and require- ments of the laws of Oklahoma. (The advertisement above referred to is a true and printed copy. Said notice was published in all editions of said n6vispaper and not in a supplement thereoE)-,, 4 Subscribed and sworn to before me by Bill R. IiP therford, publisher of the,-. r .............. this ..... day of .............. 19 . o 'tary Public. My commission expires .................. PUBLISHER'S FEE OWASSO REPORTER — Thursday, "September 19, 1968' LEGAL, NOTICE Published in the Owasso Reporter, Thursday, September 19, 1968.' ORDINANCE NUMBER 104 AN ORDINANCE RELATING TO ARRESTS FOR TRAFFIC VIOLATIONS; PROVIDING AUTHORITY OF ARRESTING OFFICER To RELEASE VIOLATORS OF TRAFFIC ORD1_- NANICES WITH CERTAIN EXCEPTIONS, WITHOUT BOND; STATING OFFENSES IN WHICH APPEARANCE BONDS MUST BE POSTED; PROVIDING PROCEDURE FOR RE- LEASING AN OFFENDER, WHEN PERMITTED; ESTABLISH- ING PENALTIES FOR FAILURE TO OBEY NOTICE TO APPEAR IN COURT FOR TRIAL; MAKING FAILURE TO OBEY NOTICE TO APPEAR AN OFFENSE, AND DECLARING '5 AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA: Section 1. RELEASE OF DEFENDANT WITHOUT REQUIRING POSTING OF APPEARANCE BOND-_WHEN. Whenever any person is taken into custody, under arrest;, to be charged with the violation of any traffic ordinance of The Town of Owasso Oklahoma, other than in such cases specifically excepted by this ordinance or other ordinances of The Town of Owasso, the Marshal, Deputy Marshall, Police officer or other officer making the arrest, is vested with authority to release such person from custody upon the issuance to him of a written notice to appear and his signing a promise to appear, where it appears to such officer that such defendant cannot possibly make and post an appearance bond. Section 2. APPEARANCE BONDS REQUIRED--WHE.N.. Any person taken into custody to be charged with the offense of driving "'a motor vehicle while under the influence of liquor or drugs, reckless driving or driving a motor vehicle at a speed greater than twenty (20) miles per hour over the established speed limit provided where such offense is charged to have been committed, or who shall flee or attempt to flee in order to avoid prosecution for violation of any of the traffic ordinances of The Town of Owasso, shall be required to post bond in the sum of Twenty Dollars ($20.00), in cash money of the United States of America, and shall not be released from custody until such bond has been made and posted by such accused person, I or by order of a judge or magistrate having jurisdiction to hear and determine the guilt or the innocense of such accused person. Section 3. FAILURE TO OBEY NOTICE TO APPEAR. (a) It shall be unlawful and an offense for any person to violate his written promise to appear given to an officer upon the issuance of a traffic citation containing a notice to appear for trial, regardless of the disposition of the charge for which such notice to appear was originally given and issued. (b) A written promise to appear in court may be complied J with by an appearance by counsel. (c) A judge or magistrate having jurisdiction to hear and determine the guilt or the innocense of a person charged with the violation of a traffic ordinance of The Town of Owasso, shall have authority and the ,right to dismiss a charge of failure to obey a notice to appear for trial, should he, in his opinion, find that sufficient circumstances existed to excuse a breach of the defendant's promise to appear. Section 4. PENALTY FOR FAILURE TO APPEAR AFTER PROMISE GIVEN. Any person found to be guilty of failing to obey a notice to appear for trial, after having given his written promise to appear as provided by this ordinance, shall be punished by a fine of not less than One Dollar ($1.00) nor more than Twenty Dollars ($20.00) including costs. Section 5. EMERGENCY. That conditions exist requiring adequate police control and protection, and by reason thereof an emergency exists and is declared to exist for the pre- servation and protection of the public health, peace, safety and welfare, by reason whereof this Ordinance shall take effect immediately from and after its passage and approval, as provided by law. EMERGENCY CLAUSE voted upon separately and passed by unanimous vote of the Board of Trustees this 16th day of September, 1968. PASSED by the Board of Trustees of The 'Town of Owasso,— Oklahoma, this 16th day of September, 1968, and APPROVED by the President of the Board of Trustees of The Town of Owasso this 16th day of September, 1968. Signed: John R. Groth President of- the Board of Trustees, and -(SEAL) - ATTEST: Inez Odom,. Town Clerk APPROVED: M. S Sawyer, Attorney for The Town, of Qasso. _