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Home My WebLink About522_Increasing Maximum Fine from 100 to 200increasing maximum fine from $100 to $200 0,00 '1489 1 / () / '1 "'.' "'1 () .( 70 ,);1 ; , 798/1430- J 430 CITY OF OWASSO P.O. Box 180 Owasso, OK 74055 CITY O:F OW ASSO, OKLAHOMA ORDINANCE NO. AN ORDINANCE RELATING TO PART 1 - GENERAL PROVISIONS, CHAPTER 1 - USE AND CONSTRUCTION OF THE CODE, SECTION 1-108 - GENERAL PENALTY OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA, AMENDING SAME BY INCREASING THE MAXIMUM FINE Ii'ROM ONE HUNDRED DOLLARS ($100.00), EXCLUDING COSTS, TO TWO HUNDRED DOLLARS ($200.00), EXCLUDING COSTS, DECLARING AN EFFECTIVE DA TEo BE IT ORDAINED by the City Council of the City of Ow as so, Oklahoma, that, to-wit: SECTION 1. Part 1 - General Provisions, Chapter 1 - Use and Construction of the Code, Section 1-108 - General Penalty, Subsection B of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended to provide as follows, to-wit: B. Unless after the date hereof a different penalty is provided, whenever in this Code of Ordinances an act is prohibited or made or declared to be unlawful or an offense or misdemeanor, or wherever in this Code of Ordinances the doing of any act as required or the failure to do any act is declared to be unlawful, except for the offenses referred to in Section A hereof, any person, upon conviction therefor, shall be punished by a fine of not more than Btl:e'Htttl:~Bclhtl~le&:oot Two Hundred Dollars ($200.00), excluding costs. Each day or any portion of a day during which any violation of this Code or any ordinance shall continue shall constitute a separate offense. SECTION 2 This Ordinance shall, upon passage, be effective thirty (30) days from the date of first publication as provided by state law. this ~day 1996. OF OW ASSO, OKLAHOMA 2780-288.owa/or7 Mfidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, 88: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Published In the Owasso Reponer, Owasso. Tulsa County. Oklahoma, Apr. 11.1996. m.;rASSO REPORTER , a weekly CITY OF OWASSO, OKLAHOMA ORDINANCE NO. S22 AN OODlNANCE RElATING TO PART 1 - GENERAL PROVISIONS, CHAPTER 1 - USE AND CONSTRUCTION OF THE CODE, SEC- TION 1-108-GENERAL PENALTY OF THE CODE OF OODINANCES OF THE CITY OF OWASSO, OKLAHOMA. AMENDING SAME BY INCREASING THE MAXIMUM FINE FROM ONE HUNDRED ($100.00), EXCLUDING COSTS, TO TWO HUNDRED DOLLARS ($200.00), EXCLUDING COSTS, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED by the Cky Council of the City of Owasso, Oklahoma, that, to-wft: SECTION 1. Part 1 - General Provisions, Chapter 1 - Use and Construc- tion ol the Code, S9ction 1-108 - G911eral Penalty, Subsection B olthe Code of Ordinances of the City of Owasso, Oklahoma, shall be lIfIl9nded to pro- vide as follows. to-wit: B. Unless aIler the date heroof a different penalty is provided, whenever In lhls CoOO of Ordinances an act Is prohlbhed or made or declared to be uniawful or an offense or misdemeanor, or whatever in this Code of Ordi- nances the doing of any act as required or the failure to do any act is declared to be unlawful, except for the offenses refeffed to In Section A heroof. any person. upon conviction therefor, shall be punished by a fine of not more than QRB I !"A srrd goliarD {t1 QQ Q9}, Two Hundred Dollars ($200.00), exdlKling costs. newspupN printed in the city of Tulsa County, Oklnhoma, u newllpnper quuJified to OWASSO publish legal notices, advertisements und publications us provided in Section 106 of Title 25, Oklahoma Statutes 1971 anci 1983 as amended, nnd thereafter, and complies with all other requirements of the laws ofOklnhOn1a with reference to legal publications, That said notice, u true copy of which is nttached hereto, was published in the regular edition of said newspnper during the period and time of publication and not in a supplement, on the fol1owing dates: APRIL 11 ,199~ Each day or any portion of a day during which any violation of this Code or any Ofdlnance shaH continua shali consthute a separate offense. SECTION 2. ThIs Ordinance shall, upon passage, be effactivethiny (30) days from the date of first publication as providOO by state law. Approved this 2nd day of April, 1996. Subscrib€d and sworn to b€fore me t 11th SEAL ATTEST: CITY OF OWASSO, OKLAHOMA IsI CHARLES L. BURRiS Charles L. Burris. Mayor day April 6 :5J/v{)fjNl }- b/d;~ Notary Public Is! MARCiA BOUIWELL Marcia Bout_II. Chy Clerk APPROVED TO FORM: Is! RONALD D. CATES Ronald D Calas. City 1\t10f11ey My Commission expires: March 20. 1997 PUBLISHER'S FEE $~ , . ' ."..,. .... t- , '. MEMORANDUM TO: RODNEY J RAY CITY MANAGER FROM: M A ALEXANDER CHIEF OF POLICE SUBJECT: PROPOSED ORDINANCE CHANGE DATE: March 27, 1996 The last session of the legislature passed a law that allows cities to increase fines for "non- jury" trial offenses from a maximum of $100 to a maximum of $200. Currently the amount assessed in a non jury trial for offenses such as shoplifting, driving with a suspended or revoked license, disturbing the peace or prowling (naming just a few), is $100 plus the court costs. The proposed ordinance will allow the maximum fine in these offenses to be increased to $200 (plus court costs). This ordinance would not necessitate a jury trial and the possibility of incarceration does not exist. RECOMMENDATION: Staff recommends City Council approval of Ordinance #522, which would implement an increase in the General Penalty Provisions of the Owasso Code of Ordinances from $100 to $200. ATTACHMENTS: 1. Letter from City Attorney 2. Proposed Ordinance #522 3. Copy of Section 1 -108 of Owasso Code of Ordinances RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 918 -582 -7447 March 8, 1996 Mr. Rodney Ray City Manager City of Owasso P.O. Box 180 Owasso, Oklahoma 74055 Re: Code of Ordinances - General Penalty Provisions Dear Mr. Ray: FAX 918 -582 -0166 Pursuant to your request I enclose herewith a proposed Ordinance implementing an increase in the General Penalty Provisions of the Code of Ordinances of the City of Owasso, Oklahoma, increasing the fine limit from One Hundred Dollars ($100.00), excluding costs, to Two Hundred Dollars ($200.00), excluding costs. As you will recall, I have advised that now under state law the municipality may fine up to Two Hundred Dollars ($200.00) without the necessity of provision of a jury trial provided, however, the possibility of incarceration does not exist. Accordingly, this will leave in place the penalties under Section 1 -108 (A) for which a penalty of Two Hundred Dollars ($200.00) and/or Thirty (30) days imprisonment is provided. Should you have any questions or comments contact me at your earliest convenience. Enclosure do not hesitate to City Attorney