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HomeMy WebLinkAboutPart 06 CourtsSection 6 -101 Organization of Municipal Court Section 6 -102 Definitions Section 6 -103 Jurisdiction of Court Section 6 -104 Judge; Qualifications Section 6 -105 Term of Judge Section 6 -106 Alternate Judge Section 6 -107 Acting Judge Section 6 -108 Appointment of Judge and Alternate Judge Section 6 -109 Salary and Payments to Judges Section 6 -110 Removal of judge Section 6 -111 Vacancy in Office of Judge Section 6 -112 Disqualification of Judge Section 6 -113 Court Marshal; Chief of Police Section 6 -114 Clerk of the Court; Duties Section 6 -115 Prosecuting Attorney; Duties; Conflict of Interest Section 6 -116 Bond of Court Clerk Section 6 -117 Bailiff of Court Cif Section 6 -118 Rules of Court Section 6 119 Enforcement of Rules Section 6 -120 Written Complaints to Prosecute Ordinance Violations Section 6 -121 Authorization to Issue Citations Section 6 -122 Release of Defendant Without Requiring Posting of Appearance Bond Section 6 -123 Appearance Bonds Required Section 6 -124 Failure to Obey Notice to Appear Section 6 -125 Procedure Upon Arrest, Bail Bond Procedures, Processing Fee Section 6 -126 Return of License Section 6 -127 Failure to Appear Section 6 -128 Creation of Traffic Violations Bureau Section 6 -129 Summons for Arrest Section 6 -130 Form of arrest Warrant Section 6 - -131 Arraignment and Pleadings by Defendant; Waiver of Jury Trial Section 6 -132 Trials and Judgments Section 6 -133 Trial by Jury and Waiver Section 6 -134 Jurors and Jury Trial Procedures Section 6 -135 Witness Fees Section 6 -136 Suspension of Sentence Section 6 -137 Imprisonment, Work by Prisoners Section 6 -138 Fines and Costs Section 6 -139 Conduct of Sessions of Court; Notice Courts PART 6 COURT CHAPTER 1 MUNICIPAL COURT • c Courts CHAPTER 1 MUNICIPAL COURT Section 6 -101 Organization of Municipal Court Section 6 -102 Definitions Section 6 -103 Jurisdiction of Court Section 6 -104 Judge; Qualifications Section 6 -105 Term of Judge Section 6 -106 Alternate Judge Section 6 -107 Acting Judge Section 6 -108 Appointment of Judge and Alternate Judge Section 6 -109 Salary and Payments to Judges Section 6 -110 Removal of Judge Section 6 -111 Vacancy in Office of Judge Section 6 -112 Disqualification of Judge Section 6 -113 Court Marshal; Chief of Police Section 6 -114 Clerk of the Court; Duties Section 6 -115 Prosecuting Attorney; Duties; Conflict of Interest Section 6 -116 Bond of Court Clerk Section 6 -117 Bailiff of Court Section 6 -118 Rules of Court Section 6 -119 Enforcement of Rules Section 6 -120 Written Complaints to Prosecute Ordinance Violations Section 6 -12! Authorization to Issue Citations S„L,cion 6 -122 Release of Defendant Without Requiring Posting of Appearance Bond Section 6 -123 Appearance Bonds Required Section 6 -124 Failure to Obey Notice to Appear Section 6 -125 Procedure Upon Arrest, Bail Bond Procedures, Processing Fee Section 6 -126 Return of License Section 6 -127 Failure to Appear Section 6 -128 Creation of Traffic Violations Bureau Section 6 -129 Summons for Arrest Section 6 -130 Form of Arrest Warrant Section 6 -131 Arraignment and Pleadings by Defendant; Waiver of Jury Trial Section 6 -132 Trials and Judgments Section 6 -133 Trial by Jury and Waiver Section 6 -134 Jurors and Jury Trial Procedures Section 6 -135 Witness Fees Section 6 -136 Suspension of Sentence Section 6 -137 Imprisonment, Work by Prisoners Section 6 -138 Fines and Costs Section 6 -139 Conduct of Sessions of Court; Notice SECTION 6 -101 ORGANIZATION OF MUNICIPAL COURT This chapter shall govern the organization and operation of the municipal criminal court of the City of Owasso, as put into operation by resolution duly passed on the 20th day of January, 1969 and filed in accordance with law as authorized by Sections 27 -101 and 27 -102 of Title 11 of the Oklahoma Statutes. To the extent of conflict between any provisions of this chapter and the provisions of any ordinance of this city, the provisions of this chapter shall control. (Prior Code, Sec. 12 -2) State Law Reference: Municipal courts not of record, organization, rules and procedures, 11 O.S. Sections 27 -101 to 27 -131. SECTION 6 -102 DEFINITIONS Courts As used in this chapter, unless the context requires a different meaning, the following words shall have the meanings ascribed to them in this section: 1. "Court" means the municipal court of the City of Owasso; 2. "Judge" means the judge of the municipal criminal court, including any acting judge or alternate judge thereof as provided for by the statutes of this state and this chapter; 3. "Municipality" or "this municipality" means the City of Owasso, Tulsa County, Oklahoma; 4. "Clerk" means the clerk of this municipality, including any deputy or member of the office staff of the clerk while performing duties of the clerk's office; 5. "Governing body" means the city council of the City of Owasso; 6. "Chief of police" means the peace officer in charge of the police force of the municipality; and 7. "This judicial district" means the district court judicial district of the State of Oklahoma wherein the government of this municipality is situated. (Prior Code, Sec. 12 -1 in part) SECTION 6 -103 JURISDICTION OF COURT The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of this municipality is charged, and to assess punishment for such violations in accordance with that provided by ordinance and permitted by the laws of the state. (Prior Code, Sec. 12- 3) SECTION 6 -104 JUDGE; QUALIFICATIONS A judge need not be a resident of municipality; however, the judge shall be a licensed attorney at law and be of the age of twenty-one (21) years or over. A judge who is a licensed attorney may engage in the practice of law in other courts, but he shall not accept employment inconsistent with his duties as judge, or arising out of facts which give rise to or are connected with cases within the jurisdiction of the court, pending therein or which might become the subject of proceedings therein. (Prior Code, Sec. 12 -7) SECTION 6 -105 TERM OF JUDGE The official term of the judge shall be two (2) years expiring on the 15th day of May in each odd - numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified. The judge of the police court existing in this municipality as of January 20, 1969, shall act as judge of the court herein provided for until a judge is appointed and qualified under the terms of this chapter. (Prior Code, Secs. 12 -7, 12 -8) 0 4 0 • SECTION 6 -106 ALTERNATE JUDGE Courts The governing body may, in its discretion, provide for the appointment of an alternate judge, a person who possesses the qualifications prescribed by law who shall sit as acting judge of the court in case the judge is: 1. Absent from the court; 2. Unable to act as judge; or 3. Disqualified from acting as judge in the case. (Prior Code, Sec. 12 -10) SECTION 6 -107 ACTING JUDGE If at any time there is no judge or alternate judge, duly appointed and qualified, available to sit as judge, the mayor, with consent of the governing body, shall appoint some person, possessing the qualifications required by this chapter for the judge, who shall preside as acting judge over the court in the disposition of pending matters until such time as a judge or alternate judge shall be available. (Prior Code, Sec. 12 -9) SECTION 6 -108 APPOINTMENT OF JUDGE AND ALTERNATE JUDGE Judges and alternate judges shall be appointed by the mayor with the consent of the governing body. A proposed appointment shall be submitted in writing to the governing body at the next to the last regularly scheduled meeting prior to the day upon which the appointment is to take effect, and shall be acted upon at the next regularly scheduled meeting. The governing body may decide upon the proposed appointment by a majority vote of a quorum present and acting. Failure of decision upon a proposed appointment shall not prevent action thereon at a later regularly scheduled meeting of the governing body unless the mayor, in writing, withdraws the proposed appointment. SECTION 6 -109 SALARY AND PAYMENTS TO JUDGES A. A judge, other than an alternate judge or an acting judge, shall receive a salary as set by the governing body by motion or resolution, paid in the same manner as the salaries of other officials of this municipality. B. An alternate judge or an acting judge shall be paid an amount as set by the governing body for each day devoted to the perfonnance of his duties, except that the total payments so calculated during any month shall not exceed the salary of the judge in whose stead he sits. An alternate or acting judge who sits for an entire month shall receive the amount specified in this chapter as the salary of the judge in whose stead he sits. (Prior Code, Sec. 12 -11; Ord. No 318, 3/16/82) SECTION 6 -110 REMOVAL OF JUDGE Judges shall be subject to removal from office by the governing body for the causes prescribed by the constitution and laws of this state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified written petition setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by: 1. The mayor; or 1. Representation by counsel; Courts 2. Twenty -five (25) or more qualified electors of this municipality. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners. The governing body shall set a date for hearing the matter and shall cause notice thereof, together with a copy of the petition, to be served personally upon the judge at least ten (10) days before the hearing. At the hearing, the judge shall be entitled to: 2. To present testimony and to cross - examine the witnesses against him; and 3. Have all evidence against him presented in open hearing. So far as they can be applicable, the provisions of the Oklahoma Administrative Procedures Act governing individual proceedings (Sections 309 to 317 of Title 75 of the Oklahoma Statutes as amended) shall govern removal proceedings hereunder. Judgment of removal shall be entered only upon individual votes, by a majority of all members of the governing body, in favor of such removal. SECTION 6 -111 VACANCY IN OFFICE OF JUDGE A vacancy in the office of judge shall occur if the incumbent: 1. Dies; 2. Resigns; 3. Ceases to possess the qualifications for the office; or 4. Is removed, and the removal proceeding has been affirmed finally in judicial proceedings or is no longer subject to judicial review. Upon the occurrence of a vacancy in the office of judge, the mayor shall appoint a successor to complete the unexpired term, upon the same procedure as an original appointment is made. (Prior Code, Sec. 12 -12 in part) SECTION 6 -112 DISQUALIFICATION OF JUDGE In prosecutions before the court no change of venue shall be allowed; but the judge before whom the case is pending may certify his disqualification or he may be disqualified from sitting under the terms, conditions and procedure provided by law for courts of record. If a judge is disqualified, the matter shall be heard by an alternate or acting judge appointed as provided in this chapter. SECTION 6 -113 COURT MARSHAL; CHIEF OF POLICE All writs or process of the court shall be directed, in his official title, to the chief of police of this municipality, who shall be the principal officer of the court. SECTION 6 -114 CLERK OF THE COURT; DUTIES The city clerk, unless otherwise provided by council action, shall also be the clerk of the municipal court. The council, may by motion, appoint any individual other than the duly appointed city clerk, to serve in the official capacity of clerk of the municipal court. The clerk shall: Page 6 -6 O 0 C is Courts 1. Assist the judge in recording the proceedings of the court, preparation of writs, processes, or other papers; court; 2. Administer oaths required in judicial or other proceedings before the court; 3. Be responsible for the entry of all pleadings, processes, and proceedings in the dockets of the 4. Perform such other clerical duties in relation to the proceedings of the court as the judge shall direct; 5. Receive and give receipt for and disburse or deliver to the municipal treasurer all fines, forfeitures, fees, deposits, and sums of money properly payable to the municipal court; and, 6. Pay to the treasurer of this municipality immediately all money so received by him, except such special deposits or fees as shall be received to be disbursed by him for special purposes. All money paid to the treasurer shall be placed in the general fund of the municipality, or in such fund as the governing body may direct, and it shall be used in the operation of the municipal government in accordance with budgetary arrangements governing the fund in which it is placed. (Ord. No. 341, 6/18/85) SECTION 6 -115 PROSECUTING ATTORNEY; DUTIES; CONFLICT OF INTEREST The attorney for this municipality, or his duly designated assistant, shall be the prosecuting officer of the court. He shall also prosecute all alleged violations of the ordinances of the city. He shall be authorized, in his discretion, to prosecute and resist appeal, proceedings in error and review from this court to any other court of the state, and to represent this municipality in all proceedings arising out of matters in this court. SECTION 6 -116 BOND OF COURT CLERK A. The clerk of the municipal court, except as otherwise provided in this code, shall give bond in the sum as set by the governing body. The bond shall be submitted to the governing body for its approval. The bond shall be in substantially the following form: I, , clerk of the Municipal Court of Owasso, State of Oklahoma, and and , his sureties, do jointly and severally agree to pay on demand each and every person who may be entitled thereto, all such sums of money as the said clerk may become liable to pay, on account of any moneys which may come into his hands, by virtue of his office. Dated at , this day of , 19 . (Signed) When approved, it shall be filed with the clerk of this municipality and retained in the municipal archives. B. If the city clerk is serving as the ex- officio clerk of the municipal court, and the clerk has given bond as city clerk, then no additional bond shall be required. (Prior Code, Sec. 12 -4) Page 6 -7 SECTION 6 -117 BAILIFF OF COURT Courts The municipal judge shall select a qualified person to serve as part -time bailiff of the municipal court, such person to serve only during times in which municipal court is in session and to perform all duties necessary and proper to the conduct of the municipal court, unless such duties are otherwise designated to another officer of the municipality. Compensation for the part-time bailiff shall be as provided by the governing body, the sum to be paid from the municipal court on contract labor basis. (Ord. No. 316, 4//82) SECTION 6 -118 RULES OF COURT The judge may prescribe rules, consistent with the laws of the state and with the ordinances of this municipality for the proper conduct of the business of the court. SECTION 6 -119 ENFORCEMENT OF RULES Obedience to the orders, rules and judgments made by the judge or by the court may be enforced by the judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state. SECTION 6 -120 WRITTEN COMPLAINTS TO PROSECUTE ORDINANCE VIOLATION. Except as provided otherwise in this chapter, all prosecutions commenced in the municipal court shall be initiated by filing of a written complaint which shall be subscribed and verified by the person making complaint and setting forth concisely the offense charged. All prosecutions for the violation of municipal ordinances shall be styled, "The City of Owasso vs. (naming the person or persons charged)." SECTION 6 -121 AUTHORIZATION TO ISSUE CITATIONS Except for felonies, a police officer at the scene of a traffic accident may prepare and issue a written traffic citation containing a notice to appear in court to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person committed any offense under the provisions of the ordinances of the city in connection with the accident. (Prior Code, Sec. 12 -14) SECTION 6 -122 RELEASE OF DEFENDANT WITHOUT REQUIRING POSTING OF APPEARANCE BOND Whenever any person is taken into custody, under arrest to be charged with the violation of any traffic ordinance of the city, other than in such cases specifically excepted by this chapter or other ordinances of the city, the police chief 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. (Prior Code, Sec. 12 -15) SECTION 6 -123 APPEARANCE BONDS REQUIRED Any person taken into custody to be charged with any offense of the city code of ordinances shall be required to post bond in a sum not to exceed Two Hundred Dollars ($200.00) in cash money, personal check, money order, cashiers check or appearance bond posted by a duly licensed bail bondsman. (Prior Code, Sec. 12 -16; Ord. No. 334, 4/17/84; Ord. No. 394, 1988) Page 6 -8 e Courts SECTION 6 -124 FAILURE TO OBEY NOTICE TO APPEAR A. It is 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 in court, regardless of the disposition of the charge for which such notice to appear was originally given and issued. This section shall not apply to charges actually disposed of prior to the date and time for appearance stated upon the traffic citation, if such offense charged is an offense excepted from the provisions under Section 6 -128 of this code. 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 city shall have authority and the right to dismiss a charge of failure to obey a notice to appear in court, should he, in his opinion, find that sufficient circumstances existed to excuse a breach of the defendant's promise to appear. (Prior Code, Sec. 12 -17) SECTION 6 -125 PROCEDURE UPON ARREST, BAIL BOND PROCEDURES, PROCESSING FEE A. Any person arrested for a traffic offense within the corporate limits of the city may be released in accordance with the State and Municipal Traffic Bail Bond Procedure Act, Sections 1115 et seq. of Title 22 of the Oklahoma Statutes. B. There shall be imposed a processing fee of Twenty Dollars ($20.00) assessed for processing documentation to the Oklahoma Department of Public Safety demonstrating that an individual is qualified for reinstatement of their driver's license after the license has been suspended for failure to comply with the court appearance provisions of the State and Municipal Traffic Bail Bond Procedure Act. (Prior Code, Sec. 12 -18; Ord. No. 372, 7/21/87; Ord. No. 394, 1988) SECTION 6 -126 RETURN OF LICENSE The posting of cash bail in the office of the municipal court clerk or the appearance of the defendant to answer the charge shall entitle the defendant to the return of his operator's license. (Prior Code, Sec. 12 -19) SECTION 6 -127 FAILURE TO APPEAR The arresting officer shall indicate on the citation the date of arraignment, and, if the violation is a mandatory court appearance, the defendant must appear in person or by counsel at the stated time and place for arraignment. The defendant must also appear if a fine has not been paid or a continuance granted in cases which are not mandatory court appearances. Upon failure to appear, bond shall be forfeited. However, bail or bond forfeiture shall not be construed as a plea of guilty or admission in any civil action that may thereafter arise by reason of the occurrence. (Prior Code, Sec. 12 -20; Ord. No. 394, 1988) SECTION 6 -128 CREATION OF TRAFFIC VIOLATIONS BUREAU A. A traffic violations bureau may be established as a division of the office of the clerk of the court, to be administered by the clerk, or by subordinates designated by him for that purpose for the expedient disposition of minor traffic offenses and to assist the court in the clerical work of traffic cases. Courts B. The judge of the municipal court shall, by court rules, designate those traffic offenses to be considered minor traffic offenses and promulgate, by court rules, a means of disposing of the cases by the administrative payment of any penalty resulting therefrom by listing and designating those offenses which do not require the defendant's appearance before the municipal court for the entry of a voluntary plea of guilty or no- contest as set forth on the reverse side of Defendant's copy of the citation and mailing the copy of citation and the appropriate fine to the municipal court clerk. C. The judge of the municipal court shall designate the penalties to be paid for the offenses which may be satisfied by payment of the same to a member of the staff of the traffic violations bureau, or other officer of the municipal court, provided the penalties are within the limits established for violation of the provision of the city's traffic code. D. The offenses listed below from the city traffic code and other ordinances as listed shall, in all instances, require the defendant's appearance before the judge of the municipal court: 1. Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances; 2. Eluding or attempting to elude a law enforcement officer; 3. Operating a motor vehicle without having been issued a valid driver's license, or while the license is under suspension, revocation, denial or cancellation; 4. An arrest based upon an outstanding warrant; 5. A traffic violation coupled with any offense stated in (1) through (6) of this section; or 6. A violation relating to the transportation of hazardous materials. (Prior Code, Secs. 12 -13.1 to 12 -13.4; Ord. No. 348, 11/19/85; Ord. No. 350, 2/4/86; Ord. No. 394, 1988) SECTION 6 -129 SUMMONS FOR ARREST A. Upon the filing of a complaint charging violation of any ordinance, the judge, unless he determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, he shall issue a summons, naming the person charged, specifying his address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a certain day as designated on the summons and including such other pertinent information as may be necessary. B. The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided by this chapter. SECTION 6 -130 FORM OF ARREST WARRANT A. Except as otherwise provided in the ordinances of this municipality, upon the filing of a complaint approved by the endorsement of the attorney of this municipality or by the judge, there shall be issued a warrant of arrest, in substantially the following form: The City of Owasso to the Chief of Police of Owasso, Oklahoma. 0 0 Witness my hand this Courts Complaint upon oath having this day been made by (naming complainant) that the offense of (naming the offense in particular but general terms) has been committed and accusing (name of defendant) thereof, you are commanded therefore forthwith to arrest the above named defendant and bring (insert him, her, them) before me, at the (naming the place). day of , 19 Judge (or Clerk) of the Municipal Court of Owasso, Oklahoma. B. It is the duty of the chief of police, personally, or through a duly constituted member of the police force of this municipality, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. SECTION 6 -131 ARRAIGNMENT AND PLEADINGS BY DEFENDANT; WAIVER OF JURY TRIAL Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the attorney of the municipality, shall read the complaint to the defendant, inform him of his legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him whether he pleads guilty or not guilty. If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition. If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date. (Prior Code, Sec. 12 -24) SECTION 6 -132 TRIALS AND JUDGMENTS A. Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof. B. The defendant must be present in person at the trial except as otherwise provided by this chapter. C. In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal criminal courts, or by rules duly promulgated by the Supreme Court of Oklahoma, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective. D. If the defendant pleads guilty or is convicted after the trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly. E. At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket. F. If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once. G. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced by imprisonment until the same shall be satisfied at the rate of Five Dollars ($5.00) per day. If the defendant is without means to pay the fines or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in Page 6 -11 the county where the seat of the municipal government is located, where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor. SECTION 6 -133 TRIAL BY JURY AND WAIVER A. In all prosecutions for violations of ordinances punishable by fine of more than state statutes allow, including costs, or by imprisonment, or by both fine and imprisonment, trial shall be by jury, unless waived by the defendant. If trial by jury is waived, trial shall be to the court. B. At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case. C. An election waiving jury trial, made at arraignment, may be changed by the defendant at any time prior to the day for which trial by the court is set; an election demanding jury trial may be changed at any time prior to the commencement of proceedings to impanel the jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be re- changed so as again to demand trial by jury. (Prior Code, Secs. 12 -25, 12 -26) SECTION 6 -134 JURORS AND JURY TRIAL PROCEDURES A. Whenever a calendar has been made up for the trial of cases by jury, the judge shall request, in writing, the presiding judge of the district court for this judicial district to cause the names of a stated number of jurors, deemed sufficient to dispose of the cases on the calendar, to be drawn from the jury wheel in accordance with the governing statutes of the state, and to be certified by the clerk of the district court to the judge of the municipal court. The request shall be made in time for the list to be certified and the jurors to be summoned legally before the trial of the calendar begins. If it is anticipated that the completion of the calendar will require more than two (2) weeks, the request for jurors shall specify the number required for each two (2) week period, as provided by law for the drawing of jurors for the district court. Additional drawing of other names also may be requested by the judge, when necessary, in accordance with the law for such additional drawings in the district court. If, in the future, provisions of the law respecting the drawing of jury lists for the district court are changed, the judge shall take such steps, in requesting jury lists for the court, as are necessary to comply with the state law. B. Upon receipt of the jury list, the clerk of the court shall cause a summons substantially in the following form to be issued and served upon each person on the list: STATE OF OKLAHOMA ) ) ss: COUNTY OF TULSA ) TO , GREETINGS: you hereby are summoned to appear in the Municipal Court for the City of Owasso, Oklahoma, to be held at on the day of 19 , at the hour of o'clock .M., to serve as a juror in said court, and to continue in such service until discharged by the court. Hereof fail not, under penalty of law. Courts 0 (Seal) Courts Issued under the authority of said court, this day of , 19 . Clerk of the Municipal Court of the City of Owasso, Oklahoma C. Service shall be made, as the judge may prescribe by rule or direct by order, either in person upon the juror by the marshal of the court or by any member of the police force of this municipality, or by the clerk of the court, through certified mail, directed to the juror at his address as given in the jury list with request for a personally signed return receipt. In any proceeding wherein service of summons by mail is in issue, evidence of the due mailing of the summons by the clerk or a member of his staff and the presentation of an official postal return receipt purportedly signed by the addressee shall be prima facie evidence that the summons was duly received by the addressee and therefore, that he was properly served therewith. D. A jury in the court shall consist of six (6) jurors, good and lawful men or women, citizens of the County of Tulsa, possessing the qualifications of jurors in district court. E. After the jurors are sworn, they must sit together and hear the proofs and oral arguments of the parties, which must be delivered in public and in the presence of the defendant. F. A verdict of the jury may be rendered by the vote of five (5) jurors. G. In all actions tried before a jury, the judge shall determine all questions of law, including questions as to the introduction of evidence, arising during the trial. He also shall instruct the jury as to the law. H. The verdict of the jury, in all cases, must be general. When the jury has arrived at its verdict, it must deliver the verdict publicly to the court. The judge must enter the verdict in the docket or cause it to be so entered. I. The jury must not be discharged after the cause is submitted to it until a verdict is rendered, unless the judge, for good cause, discharges it sooner, in which event the court may proceed again to trial, and so on, until a verdict is rendered. J. Jurors shall receive for their services the sum as set by the city per day, plus mileage as set by the city necessarily traveled by the most direct route in going to and from the court from their respective places of residence. The claims for such compensation shall show the location of the juror's residence and the route and miles traveled, and must be verified as other claims against the municipality are verified. Jurors shall be paid out of the general funds of the municipality. (Prior Code, Secs. 12- 27 to 12- 35) SECTION 6 -135 WITNESS FEES Witnesses in any proceeding in the court, including police officers or peace officers, shall be entitled to a fee per each day of attendance plus mileage actually and necessarily traveled in going to and returning from the place of attendance, if their residence is outside the limits of the municipality at rates set by the governing body from time to time by motion or resolution. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day Courts of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who filed an affidavit setting out: 1. The names of no more than three (3) witnesses; 2. That the defendant, by reason of his poverty is unable to provide the fees and mileage allowed by law; 3. That the testimony of the witnesses is material; and 4. That their attendance at the trial is necessary for his proper defense. The fees of such witnesses shall be paid by the municipality. (Prior Code, Sec. 12 -22; Ord. No. 316, 4/ /82) SECTION 6 -136 SUSPENSION OF SENTENCE After conviction and sentence, the judge may suspend sentence, in accordance with the provisions of, and subject to the conditions and procedures imposed by Sections 27 -123 and 27 -124 of Title 11 of the Oklahoma Statutes. (Prior Code, Sec. 12 -23) SECTION 6 -137 IMPRISONMENT, WORK BY PRISONERS A. If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the clerk, shall be delivered to the chief of police, the sheriff of the county or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence. B. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings, or other public premises or property. For each day of such work, the prisoner shall be credited for serving two (2) days of imprisonment' under his sentence. C. The chief of police, subject to the direction of the city manager, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed, himself, or by some person designated by him, shall oversee the work. If a guard is necessary, the chief of police shall make provision therefore. SECTION 6 -138 FINES AND COSTS If judgment of conviction is entered, the clerk of the court shall tax the costs to the defendant in an amount to be determined by the governing 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. (Prior Code, Sec. 12 -21) Five Dollars ($5.00) from every fine levied per conviction for violation of the municipal code of ordinances shall be earmarked and designated for use in the training of police department personnel as well as the purchase of police department equipment. (Ord. No. 507, 6/20/95) SECTION 6 -139 CONDUCT OF SESSIONS OF COURT; NOTICE The judge of the municipal court shall conduct regular sessions of the municipal court.