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CITY OF OWASSO, OKLAHOMA
I ORDINANCE NO. 507
BE TIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT-
Section I : Part 6 - Court, Chapter I - Murflicipal Court, Section 6-138 - Fines and Costs
of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended in the following
manner to provide, to-wit
Section 2 This Ordinance shall, upon passage, become effective thirty (30) days from the
date of first publication as provided by State Law.
APPROVED this -Z2&Way of 1995.
CITY OF OWASSO, OKLAHOMA
APPWTED AS TO FORIVt
D. Cates, City Attorney
2 '/80-288.or4
Cirarles L. Burr-is, Mayor
L M ' #
STATE OF OKLIA110MA, TI;T1aSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
OWASSO REPORTER a weekly
newspaper printed in the city of
OWASSO
Tulsa County, Oklahioma, a newspaper qualified to
publish legal notices, advertisements, and publications
aa5 ~J r olot u e d' In Section i0G of li"Ie 25, Vk A a h o Tna
Statutes 1971 and 1983 as amended, and thereafter,
and complies with all other requirements of the laws
of Oklahoma with reference to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication
and not in a supplement, on the following dates:
JUNE 29 ,199 5
S<ubscrib, than ',,-g,' prn.to before me this 29f-h
d`ay �f
June ,199_5_
10 Notary Public
My Commission expires: March 20, 1997
PUBLISHER'S F'EE $ 44.75
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July
29, 1995.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 507
AN ORDINANCE RELATING TO PART 6 - COURT, CHAPTER 1
MUNICIPAL COURT, SECTION 6 -138, FINES AND COSTS OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY PROVIDING A DESIGNATION THAT FIVE
DOLLARS ($S.00) FROM EVERY FINE IMPOSED BY THE MUNICI-
PAL COURT FOR VIOLATION OF MUNICIPAL ORDINANCES WILL
BE EARMARKED FOR UTILIZATION BY THE OWASSO POLICE
DEPARTMENT FOR POLICE DEPARTMENT PERSONNEL TRAIN-
ING AND THE PURCHASE OF POLICE DEPARTMENT EQUIP-
MENT AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWAS-
SO, OKI- AHOMA, THAT.
Section 9: Part 6 - Court Chapter 1 - Municipal Court, Section 6 -138 -
Fines and Costs of the Code of Ordinances of the City of Owasso, Okla-
homa, is hereby amended in the following manner to provide, to-wk:
If Judgement of conviction Is entered, the clerk of the court shall tax
the costs to the defendant In an amount to be determined by the gov-
erning body by motion or resolution from time to time, plus the fees
and mileage of Jurors and witnesses, all of which the defendant shall
pay, in addition to any fine that may be imposed. Five Dollars ($5.00)
from every fire levied per conviction for violation of the munlcl.
pal code of ordinances shall he earmarked and designated for
use In the training of police department personnel as wail as the
Purchase of police depWobant equipmem
Section 2• This Ordinance mall, upon passage, become effective thirty
(30) days from the date of first publication as Provided by State Law.
APPROVED this 20th day of June, 1995
SEAL
ATTEST:
/s/ Marcia Boutwell
Marcia Boutweil, City Clerk
APPROVED AS TO FORM:
/s/ Ronald D. Cates
Ronald D. Cates, City Attorney
/a/ Charles Burris
Charles Burris, Mayor
It\ 1Dlu
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: M.A.ALEXANDER
CHIEF OF POLICE
SUBJECT: REQUEST FOR ADDITIONAL FINES LEVIED FOR POLICE TRAINING
(ORDINANCE 507)
DATE: June 16, 1995
BACKGROUND:
Law Enforcement liability issues resulting from lack of training are becoming prevalent in many
cities today. Lack of funding is not an acceptable reason for a deficiency in training
requirements. Currently, there is no method in place to ensure that Owasso has a consistent
comprehensive training program for law enforcement. This memo provides exploration into an
alternative which will meet this need.
The City of Owasso operates a court system which is not a court of record. There are statutory
limitations which apply to the collection of fines and court costs. In addition to fines levied for
violations, state statutes authorize municipalities to adopt ordinances which set aside money from
the fines collected, for police training and purchase of police equipment.
In addition to the basic fines levied by the city, statutes mandates an additional $7.00 be
collected from each citation. This money is divided between the Council for Law Enforcement
Education and Training, (CLEFT) and Automated Fingerprint Identification System, (AFIS).
Oklahoma Statute, Title 11 section 1313.2 allows an additional $15.00 in court costs to be
collected by the city. Currently, the city collects the maximum amount allowed by statute.
The staff proposes for your consideration, approval of an ordinance which mandates that $5.00
from each citation collected, be set aside to provide necessary police training and purchase of
equipment. Many cities have adopted ordinances which earmark portions of fines to assist with
costs of training and operation of the police department. I have enclosed copies of ordinances
in place from the cities of Harrah, Collinsville and Cleveland.
The passage of this ordinance would have an impact on the general fund. Those offenses where
the maximum fine is already collected would require $5.00 to go to police training fund, thereby
reducing the general fund revenue by $5.00 for each of those tickets. It should be noted,
however that this amount is not expected to greatly impact the general fund.
Ordinance #507
June 16, 1995
Page 2
Since only the presiding judge has the authority to increase the amount of fines imposed, contact
has been made with Judge Hilsabeck and the prosecuting attorney for the City who are receptive
to increasing the bond schedule an additional $5.00 for all offenses which are not yet at their
maximum (except parking violations). In most offenses, the maximum amount of fines has not
been assessed. In those offenses where the maximum fine amount is already imposed, (primarily
drug and alcohol offenses), no increase could take place. A complete list of all fines is enclosed
for your review.
Attached for your review is a five year comparison of citations issued and the impact a collection
of $5.00 per citation would generate. These funds would be extremely helpful in projects that
the police department desperately needs.
YEAR
# OF CITATIONS
1990
3195
1991
3606
1992
3907
1993
3562
1994
2232
1995
2085*
$5.00 COLLECTION
$15,975
$18,030
$19,535
$17,810
$11,160
$10,425
*The 1995 figure was obtained by estimating the total number of citations expected for this year
by the number of citations written from January through April of 1995.
695 citations written in four months X 3 = 2,085.
Based on the lowest number of citations written, the expected gain to the training effort can be
estimated at approximately $10,000, annually. These funds can be dedicated to the training of
the police department, thus freeing up an equaled amount to be used in other critical areas. If
activity increases and this fund surpasses the expected minimum amounts, additional police
equipment may be purchased with these funds.
COMMENTS:
1. On June 13, 1995 the City Council conducted a public hearing for the purpose of gathering
citizen input and comments regarding this proposed ordinance. Approximately twenty -five
people attended the public hearing and none offered comments regarding proposed ordinance
507.
2. If adopted, this ordinance would become effective on July 22, 1995 and the set -aside would
begin at that time.
Ordinance #507
June 16, 1995
Page 3
RECOMMENDATION:
The staff recommends Council adoption of ordinance 507.
ATTACIIIVIENTS:
1. Owasso Ordinance 507
2. Current Bond Schedule
OWASSO BOND SCHEDULE
OFFENSE
STATUTE
BOND
ADD15?
MAND.
COURT?
Actual Physical Control
15- 524/15 -525
$222
N
Y
Animal at Large
4 -102'
$53 *
Y
N
Animal Registration
4 -121
$53 *
Y
N
Animal Vaccination
4 -120
$53 *
Y
N
Assault and Battery
10 -501
$103 *
N
Y
„
Barking Dog
4 -107
$53 *
Y
N
Careless Driving
15 -523
$100 *
Y
N
Carry Concealed Weapon
10 -306
$103 *
N
Y
Child Restraint Violation
15 -104 SS
$32 *
Y
N
Curfew Violation
10-410
$63 *
N
Y
Deface City Property
10 -219
$63 *
N
Y
Defective Equipment
15 -303
$43 *
Y
N
Discharge Weapon, Throw Missle
10 -309
$63 *
Y
Y
Disobey Stop
15-603
$53 *
Y
N
Disturbing the Peace
10 -301
$103 *
Y
Y
Driving Under Suspension
15 -212
$68 *
Y
Y
Driving Under the Influence
15 -524
$222
N
Y
Driving While Impaired
15 -525
$222
N
Y
Eluding or Attempt to Elude
10-616
$222
N
Y
Excessive Acceleration
15-401 c6
$53 *
Y
N
Failure to Yield at Intersection
15 -540
$63 *
Y
N
Failure to Yield at Yield Sign
15 -542
$63 *
Y
N
Failure to Yield from Parked Position
15 -551
$63 *
Y
N
Failure to Yield to Emergency Vehicle
15 -216
$63 *
Y
N
False Alarm Trip
10 -312 sec 13
$63 *
Y
N
Fireworks Prohibited
10 -304
$63 *
Y
N
Following Too Closely
15 -508
$63 *
Y
N
Handicapped Parking Violation
15 -719
$55
Y
N
Improper Backing
15 -519
$63 *
Y
N
Improper Lane Use
15 -501
$53 *
Y
N
Improper Parking
15 -721
$15
Y
N
Improper Passing
15 -503
$53 *
Y
N
Inattentive Driving
15 -527
$100 *
Y
N
Indecent Exposure
10-406
$103 *
N
Y
Inspection Sticker
15 -306
$43 *
Y
N
Insurance Verification
15 -225
$83 *
Y
N
* denote $5.00 increase proposed
OFFENSE
STATUTE
BOND
ADD152
COURT?
Leave Scene P/D Accident
15 -217
$83
*
Y
Y
License Tag Violation
15 -213
$43
*
Y
N
Loud Music
10 -311
$63
*
Y
Y
Malicious Mschief
10 -222
$63
*
N
Y
Meeting or Overtaking School Bus
15 -516
$83
*
'Y
N
No Drivers License
15 -211
$53
*
N
Y
No Drivers License on Person
15 -211
$43
*
Y
N
Obscene Language
10 -301
$103
*
Y
N
Parked Over 48 Hours
15 -704
$15
Y
N
Passing in No Passing Zone
15 -509
$53
*
Y
N
Permit Unauthorized Person to Drive
15 -214
$53
*
Y
N
Petit Larceny
10 -201
$122
*
N
Y
Possession of Alcohol by Minor
3 -207
$78
*
N
Y
Possession of Beer by Minor
3 -207
$78
*
N
Y
Possession of Drug Paraphernalia
10-403
$222
N
Y
Possession of Marijuana
10-402
$222
N
Y
Public Intoxication
10-401
$53
*
N
Y
Reckless Driving
15 -522
$122
*
Y
Y
Remaining On School Property
10 -314
$63
*
Y
Y
Resisting Arrest
10 -601
$222
N
Y
Seat Belt Violation
15 -308
$32
*
N
N
Skateboarding on Roadway
15 -207
$53
*
Y
N
Speeding (1 -10 over)
15-401
$53
*
Y
N
Speeding (11 -20 over)
15-401
$63
*
Y
N
Speeding (20+ over)
15-401
$83
*
Y
N
Speeding SZ (1 -10 over)
15-401
$73
*
Y
N
Speeding SZ (11 -20 over)
15-401
$83
*
Y
N
Speed Too Fast for Conditions
15-403
$53
*
Y
N
Transport Open Container - Alcohol
3 -118
$78
*
Y
Y
Transport Open Container -Beer
3 -211
$78
*
Y
Y
Trespassing
10 -215
$103
*
N
Y
Traffic Not Listed
15 -104
$53
*
Y
N
Non - Traffic Not Listed
3 -108
$63
*
Y
N
* denote $5.00 increase proposed