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HomeMy WebLinkAbout190_Appearance Bonds_Amends Ch 14_Section 102_City Codeappearance bonds - amends chapter 14, Section 102, City Code ORDINANCE NO. 190 AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-16, OF THE OWASSO CITY CODE (1973), PROVIDING FOR APPEARANCE BONDS IN THE MUNICIPAL COURT; AND DECLARING AN EMERGENCY® BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, O=A HO_ A: Section 1. That Chapter 12® Section 12-16, of the Owasso City Code (1973), which presently provides: "Sec. 12-16. 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 prose- cution for violation of any of the traffic ordinances of the City of Owasso, shall be required to Post bond in a sum not to exceed thirty-five ($35.00) dollars, 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 innocence of such accused person. (Ord® 104, § 2.)" be repealed and the following revision of said Section shall be enacted in lieu thereof: "Sec. 12-16. Appearance bonds required - when. (a) 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, careless or inattentive 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 prose- cution of any of the traffic ordinances of the City of Owasso, shall be required to post bond in a surr, not to exceed One Hundred ($100.00) Dollars, 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 herein determine the guilt or the innocence of such accused person® (b) Any Person taken into custody to be charged with any other offense of the Owasso City Code (1973)6' shall be required to post bond in a sum not to exceed the maximum penalty for the offense charged, 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 2® It being immediately necessary for the preserva- tion of the public peace® health and safety® an emergency is hereby declared to exist, by reason whereof, this Ordinance shall take effect and be in full force from and after its passage and approval® PASSED and the Emergency Clause ruled on separately this 4�1 , --,Z- day of r L­ �-e " ­_____0 1975. (SEAL) ATTEST: Tci q1t yz 'C'Lllf 'e rkk,_� A City Attorney - 2 - Ma Affidavit Of Pt lication STATH OF OKLAHOMA, TULSA COUNTY, ss: Bill R. lietherford, of lawful age, being duly sworn and authorized, says that he is publisher of the Owasso mepo ter .......................... a weekly newspaper printed in the City of wa s so .............. Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 700 of Title 25, Oklahoma Statutes 1971 as amended, and complies with all other requirements of tl,e laws of Oklahoma with reference to legal public- ations. gnat said notice, a true copy of which is attached hereto, was published in the regular edition of said news- paper during the period and time of publication and not in a supplement, on the following dates: Oct 1.97.... . ... . Subscribed and. sworn to before me this ...IQ ....day Oct, ..................197. ..... Notary Public 8 -_6 -78 tfgh NOTICE Published in the Owasso Reporter, Owasso, Tulsa County, Okla., Thursday, Oct. 9, 1975.` ORDINANCE NO. 190 AN ORDINANCE AMENDING CHAPTER 12, SECTION 12- 16, OF THE OWASSO CITY CODE (1973). PROVIDING FOR APPEARANCE BONDS IN THE MUNICIPAL COURT, AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO. OKLAHOMA: Section €. That Chapter 12, Section 2 -16, of the Owasso City Code (1973). which presently provides: -Sec. lzmii,. Appearance bonds required when. Any Iverson 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 e=stablished; 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 City of Owasso, shall be required to post bond in a sum not to exceed thirty-five ($35.00) dollars, 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 innocence of such accused, person. (Ord. 104, S 2.)" , be repealed and the following revision of said Section shall be enacted in lieu thereof: "See. 12 -16. Appearance bonds required — when. (a) 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, careless or inattentive 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 of any of the traffic ordinances of the City of Owasso, shall be required to post bond in a sum not to exceed One Hundred ($104:00) Dollars, 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 herein determine the guilt or the innocence of such ac- cused person, (b) Any person taken into custody to be charged with required to post bond in a sung not to exceed the maximum penalty for the offense charged, 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 hoar and determine the guilt or the innocence of such accused person." Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof, this Ordinance shall take effect and be in full force from and after its passage and approval. PASSED and the Emergency Clause ruled on separately this 7 day of October, 11975, Mayor Jerrald Holt (SEAL) ATTEST: Marcia G. Riggs City Clerk APPROVED: City Attorney ,Al. W. VanDall'