HomeMy WebLinkAbout941_Municipal Court Fines_IncreaseTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 941
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 OWASSO, OKLAHOMA, AMENDING
SAME BY INCREASING THE MAXIMUM COURT FINES ASSESSED BY THE CITY OF
OWASSO MUNICIPAL COURT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): 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 Owasso, Oklahoma, shall
be amended as follows:
SECTION TWO (2):
SECTION 1 -108 GENERAL PENALTY
A. TRAFFIC OFFENSES:
The maximum fine or deferral fee in lieu of a fine for traffic - related offenses relating to
speeding or parking shall not exceed Two Hundred Dollars ($200.00).
B. ALCOHOL OR DRUG RELATED OFFENSES:
The maximum fine or deferral fee in lieu of a fine for alcohol - related or drug- related offenses
shall not exceed Eight Hundred Dollars ($800.00).
C. OTHER OFFENSES:
For all other offenses, the maximum fine or deferral in lieu of a fine shall not exceed Seven
Hundred Fifty Dollars ($750.00).
D. 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.
E. Any person who shall aid, abet, or assist in the violation of any provision of this Code shall
be deemed guilty of an offense and, upon conviction therefore, shall be punished in
accordance with the punishment provided for violation of the provision such person aided,
abetted or assisted in violating.
IS
SECTION THREE (3): REPEALER
All ordinances or parts of ordinances in conflict with this amended ordinance are hereby repealed to
the extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective the remaining
portion shall not be affected but shall remain in full force and effect.
SECTION FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date the ordinance
was adopted by the City Council, as provided by state law.
SECTION SIX (6): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended and re- codified in Part 1, Chapter 1,
Section 1 -108, General Penalty.
PASSED by the City Council of the City of Owasso, Oklahoma on the 21" day of July, 2009.
A St Alphen u della, Mayor
r this --� / day of July, 2009.
J e Lombardi, City Attorney
PUBLISHER'S AFFIDAVIT
ORD NO. 941
PUBLICATION DATE(S)
08/04/09
CASE NUMBER: ORD NO. 941
AD NUMBER: 00086466
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
1, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 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 ABOVE LISTED DATE(S)
Representative
Subscribed to and sworn to me this 5th day of August, 2009.
Notary Public
NAN Y CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 128.80 1 �,o o NANCY CAROL mOORE
Notary Public - State of Oklahoma
Tulsa County
e. MY Commission Expires December 8, 2010
Commission # 06011684
96466
Published in the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, August 4, 2009.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 941
AN ORDINANCE RELATING TO PART 1, GENERAL PROVI-
SIONS. CHAPTER 1, USE AND CONSTRUCTION OFTHE CODE,
SECTION 1 -108, GENERAL PENALTY, OF THE CODE OF ORDI-
NANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING
SAME BY INCREASING THE MAXIMUM COURT FINES
ASSESSED BY THE CITY OF OWASSO MUNICIPAL COURT.
BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): 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 Owasso, Oklahoma, shall be
amended as follows:
SECTION TWO (2):
SECTION 1 -108 GENERAL PENALTY
A. TRAFFIC OFFENSES:
The maximum fine or deferral fee in lieu of a fine for traffic - related
offenses relating to speeding or parking shall not exceed Two
Hundred Dollars ($200.00).
B. ALCOHOL OR DRUG RELATED OFFENSES:
The maximum fine or deferral fee in lieu of a fine for alcohol- relat-
ed or drug - related offenses shall not exceed Eight Hundred Dollars
($800.00).
C. OTHER OFFENSES:
For all other offenses, the maximum fine or deferral in lieu of a
fine shall not exceed Seven Hundred Fifty Dollars ($750.00).
D. 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.
E. Any person who shall aid, abet, or assist in the violation of any
provision of this Code shall be deemed guilty of an offense and,
upon conviction therefore, shall be punished in accordance with the
punishment provided for violation of the provision such person
aided, abetted or assisted in violating.
SECTION THREE (3): REPEALER
All ordinances or parts of ordinances in conflict with this amended
ordinance are hereby repealed to the extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional,
invalid or ineffective the remaining portion shall not be affected but
shall remain in full force and effect.
SECTION FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30)
days from the date the ordinance was adopted by the City Council,
as provided by state law.
SECTION SIX (6): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended and re-
codified in Part 1, Chapter 1, Section 1 -108, General Penaltv.-
PASSED by the City Council of the City of Owasso, Oklahoma on the
21st day of July, 2009.
/s /Stephen Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
APPROVED as to form:
/s/ Julie Lombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: ORDINANCE NUMBER 941 AMENDING SECTION 1 -108 OF THE
OWASSO CODE OF ORDINANCES TO INCREASE MAXIMUM FINES
AS ALLOWED BY STATE LAW
DATE: July 21, 2009
BACKGROUND:
Penalties for infractions of criminal provisions contained within the City of Owasso Code of
Ordinances are set forth in Section 1 -108, entitled "General Penalty," in Part 1 of the Code, and
are subject to statutory maximum amounts which may be imposed by a court not of record
(statutorily defined as any municipal court located in a city or town with a population less than
200,000). Currently, Class A offenses are subject to a maximum fine of $500.00, Class B
offenses to a maximum fine of $300.00, and Class C offenses to a maximum fine of $200.00.
A copy of current Section 1 -108 which more fully delineates the types of offenses classified as
A, B and C is attached for the City Council's review.
The maximum fines for offenses heard by courts not of record were recently increased by the
Oklahoma Legislature. Specifically, 11 O.S. § 14 -111 (which does not utilize the previous Class
A, B and C classification) now provides that all Traffic Offenses are subject to a maximum fine
of $200.00, Alcohol and Drug Offenses are subject to a maximum fine of $800.00 and all Other
Offenses to a maximum fine of $750.00. Based upon the amendment of 11 O.S. § 14 -111, the
Owasso Municipal Court and City staff recommend that Section 1 -108 of the Owasso Code of
Ordinances be likewise amended so that the fines assessed by the court may be increased in
amounts commensurate with State law. All references to Class A, B and C offenses would be
removed, and the maximum fine amounts would be classified under the headings of Traffic
Offenses, Alcohol and Drug Offenses and Other Offenses as utilized in the corresponding
State statute, 11 O.S. § 14 -111. A copy of proposed Section 1 -108, as amended, is attached for
the City Council's review.
It should be noted that amendment of Section 1 -108 of the Owasso Code of Ordinances to reflect
the new maximum fines allowable under State law does not automatically mandate an increase
in the fines assessed by the City's municipal court. Specifically, Part 6, of the Code of
Ordinances establishes that the judge of the Owasso Municipal Court shall designate the
appropriate amounts, subject to State law, of fines for each offense.
If the proposed amendment to Section 1 -108 is adopted by the City Council, the judge of
Owasso's Municipal Court will formulate a new fine schedule for each type of offense heard by
the court. As has traditionally been the case, the judge will consider a number of factors,
including the nature and severity of the offense, other penalty and sentencing options available
SECTION 1 -108 GENERAL PENALTY
A. CLASS "A" VIOLATIONS. Unless after the date hereof a different penalty is provided, any
person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of
not exceeding Five Hundred Dollars ($500.00) and /or sixty (60) days imprisonment. Such offenses are as
follows:
1. Actual Physical Control
2. Assault and Battery upon a Police Officer
3. Driving Under the Influence
4. Driving While Impaired
5. Eluding or Attempting to Elude a Police Officer
6. Resisting a Police Officer /Public Official /Arrest
7. Violation of the provision of Part 8, Health and Sanitation, of the Code
8. Violation of the provisions of Part 5, Building Regulations and Code
9. Violation of the provisions of Part 17, Utilities
B. CLASS `B" VIOLATIONS. Unless after the date hereof a different penalty is provided, any
person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of
not exceeding Three Hundred Dollars ($300.00) and/or sixty (60) days imprisonment. Such offenses are
as follows:
1. Possession of Marijuana
2. Possession of Paraphernalia
3. Assault & Battery
4. Damaging Property
5. Prohibited/Obscene Conduct
6. Reckless Conduct
7. Tampering With an Automobile
8. Failure to Yield to an Emergency Vehicle
9. Leaving the Scene of an Accident
10. Reckless Driving
11. Driving Under Suspension, Revocation or Cancellation
12. Speeding more than 25 m.p.h. over the Speed Limit
13. Sale of Alcohol or Beer to a Minor
14. Disorderly House
15. Harmful Deception
C. CLASS "C" VIOLATIONS. 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 whenever 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 and B hereof, any
person, upon conviction thereof, shall be punished by a fine of not more than Two Hundred Dollars
($200.00), excluding costs. (Ord. No. 522, 4/2/96)
D. 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.
E. Any person who shall aid, abet, or assist in the violation of any provision of this Code
shall be deemed guilty of an offense and, upon conviction therefore, shall be punished in accordance with
the punishment provided for violation of the provision such person aided, abetted or assisted in violating.
and the maximum fines authorized by State law, in determining the appropriate amount of each
fine.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance Number 941 of the Owasso Code of
Ordinances thereby increasing the maximum fines which may be assessed by the Municipal
Court of Owasso as set forth above and in accordance with State law.
ATTACHMENTS:
Current Section 1 -108 of the Owasso Code of Ordinances
Ordinance Number 941 Containing Amendments to Section 1 -108