reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-123. Suspension of judgment or costs - Reconfinement.

Whenever any person shall be convicted in the municipal court of violating a municipal ordinance, the judge trying the cause, after sentence, may suspend the judgment or costs or both and allow the person so convicted to be released upon his own recognizance. Any person so released shall be required to report at such times and to such person or officer as the judge shall direct. The judge may cause a warrant to be issued for any person so released if it shall be made to appear to the judge that such person:
1. Has been guilty of the violation of any law after his release;
2. Is habitually associating with lewd or vicious persons; or
3. Is indulging in vicious habits.
Upon the issuance of the warrant by the judge, the person shall be delivered forthwith to the place of confinement to which he was originally sentenced and shall serve out the full term for which he was originally sentenced.
Laws 1977, c. 256, § 27-123, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-124. Supervision of juveniles on parole or probation.

In addition to the duties otherwise provided by law, the judge of each municipal court, or some other person designated by the governing body of the municipality where the court is established, shall be required to supervise all juveniles who are either on parole or serving probation terms or suspended sentences pronounced and adjudged by the municipal court.
Laws 1977, c. 256, § 27-124, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-125. Contempt of court.

The judge of each municipal court shall have power to enforce due obedience to orders, rules and judgments made by him and may fine or imprison for contempt offered to the judge while holding his court or to process issued by him in the same manner and to the same extent as the district courts of Oklahoma.
Laws 1977, c. 256, § 27-125, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-126. Costs and fees.

Except as provided in Section 14-111 of this title and subject to other limitations or exceptions imposed by law, the municipal governing body shall determine by ordinance the court costs and fees that may be charged and collected by the clerk of the court. Court costs shall not exceed the sum of Thirty Dollars ($30.00) plus the fees and mileage of jurors and witnesses. The clerk of the court is authorized to charge and collect the fees as determined by the municipal body.
Added by Laws 1977, c. 256, § 27-126, eff. July 1, 1978. Amended by Laws 1987, c. 173, § 2, eff. Nov. 1, 1987; Laws 1999, c. 412, § 3, eff. Nov. 1, 1999; Laws 2006, c. 61, § 3, eff. July 1, 2006; Laws 2009, c. 258, § 2, emerg. eff. May 22, 2009.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-127. Prosecution for same offense in another court prohibited.

When a defendant has been in jeopardy for the same or any lesser included offense in a municipal court or district court, he shall not be prosecuted in another court for the same or a lesser included offense.
Laws 1977, c. 256, § 27-127, eff. July 1, 1978; Laws 1980, c. 247, § 3, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-128. Writs of mandamus, prohibition and certiorari.

The district court in each county wherein a municipal court is established shall have the same jurisdiction to issue to the municipal court writs of mandamus, prohibition and certiorari as the Supreme Court now has to issue such writs to courts of record.
Laws 1977, c. 256, § 27-128, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-129. Appeals.

A. An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court in the county where the situs of the municipal government is located, within ten (10) days from the date of the final judgment, a notice of appeal and by filing a copy of the notice with the municipal court. In case of an appeal, a trial de novo shall be had, and there shall be a right to a jury trial if the sentence imposed for the offense was a fine of more than Five Hundred Dollars ($500.00), plus costs, fees, and assessments.
B. Upon conviction, at the request of the defendant, or upon notice of appeal being filed, the judge of the municipal court shall enter an order on the docket fixing an amount in which bond may be given by the defendant, in cash or sureties for cash in an amount of not less than One Hundred Dollars ($100.00) nor more than twice the amount of such fine. Bond shall be taken by the clerk of the court wherein judgment was rendered. Any pledge of sureties must be approved by a judge of the court.
C. Upon appeal being filed the judge shall within ten (10) days thereafter certify to the clerk of the appellate court the original papers in the case. If the papers have not been certified to the appellate court, the prosecuting attorney shall take the necessary steps to have the papers certified to the appellate court within twenty (20) days of the filing of the notice of appeal, and failure to do so, except for good cause shown, shall be grounds for dismissal of the charge by the appellate court, the cost to be taxed to the municipality. The certificate shall state whether or not the municipal judge hearing the case was a licensed attorney in Oklahoma.
D. All proceedings necessary to carry the judgment into effect shall be had in the appellate court.
Added by Laws 1977, c. 256, § 27-129, eff. July 1, 1978. Amended by Laws 1980, c. 247, § 4, eff. Oct. 1, 1980; Laws 1982, c. 157, § 4; Laws 1983, c. 293, § 4, operative Oct. 1, 1983; Laws 1995, c. 61, § 2, eff. Nov. 1, 1995; Laws 1997, c. 251, § 9, eff. Nov. 1, 1997; Laws 2004, c. 363, § 1, eff. Nov. 1, 2004; Laws 2015, c. 2, § 1, eff. Nov. 1, 2015.
NOTE: Laws 2004, c. 173, § 5 repealed by Laws 2005, c. 386, § 5, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-130. District attorney to defend appeals in certain cases.

The district attorney, and his assistants, shall defend any appeal from a municipal court in his district that has no municipal attorney who is paid a salary in excess of a rate of Three Thousand Six Hundred Dollars ($3,600.00) per annum.
Laws 1977, c. 256, § 27-130, eff. July 1, 1978. d
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-131. Orders relative to procedures and practices by Supreme Court.

The Supreme Court is authorized to issue orders of statewide application relative to procedures in and practices before the municipal courts and appeals therefrom, subject to the provisions of this article, and under its general superintending control of all inferior courts, shall have the power and authority by and through the Chief Justice of the Supreme Court, to call annual conferences of the judges of the municipal courts of Oklahoma to consider matters calculated to bring about a speedier and more efficient administration of justice.
Laws 1977, c. 256, § 27-131, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-27-132. Appeal to Court of Criminal Appeals.

An appeal may be taken to the Court of Criminal Appeals from the final judgment or order of a district court in an appeal from a final judgment of a municipal court in the same manner and to the same extent that appeals are taken from a district court to the Court of Criminal Appeals.
Added by Laws 1978, c. 248, § 1, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-101. Municipal criminal courts of record - Cities with population over 65,000 - Resolution.

A. In cities having a population of more than sixty-five thousand (65,000) inhabitants, as determined by the latest federal census, there is hereby created a "Municipal Criminal Court of Record of the City of ___________", subject to the restrictions of subsection B of this section. References in Sections 28-101 through 28-128 of this title to the municipal criminal court of record shall mean the courts established by the provisions of this article in cities over sixty-five thousand (65,000) population.
B. Before a municipal criminal court of record not in existence before November 1, 2004, may be created, the municipal governing body shall determine by resolution that the efficient disposition of cases involving the violation of municipal ordinances necessitates creating a court of record. If such a resolution is not adopted, the criminal court of the municipality shall remain a court not of record. The governing body shall cause a certified copy of the resolution to be filed in the office of the county clerk of each county in which the municipality is located. The resolution and the filing thereof shall be judicially noticed in all courts of this state. The provisions of this subsection shall not apply to any municipal criminal court of record created prior to November 1, 2004, and such courts shall have all the powers and duties heretofore provided for such courts.
Added by Laws 1977, c. 256, § 28-101, eff. July 1, 1978. Amended by Laws 2004, c. 363, § 2, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-102a. Fines for violations relating to prostitution - Percentage forwarded to city - county health department.

In municipalities that have a population of more than two hundred thousand (200,000), that have a municipal court of record, and that are located within a county having a population greater than four hundred thousand (400,000), One Hundred Dollars ($100.00) of each fine collected for violations of municipal ordinances relating to prostitution shall be forwarded by the city clerk or other appropriate finance official to the city-county health department serving the county.
Added by Laws 2002, c. 348, § 6, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-102b. Alcohol and drug abuse evaluation and assessment program.

In cases where a person has been convicted of violating a municipal ordinance relating to driving a motor vehicle under the influence of alcohol or other intoxicating substance, the person shall be ordered to participate in, prior to sentencing, an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person. The municipal court shall order the person to reimburse the agency or assessor for the evaluation and assessment. The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor or at another location as ordered by the municipal court. The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the municipal court for the purpose of assisting the municipal court in its final sentencing determination. If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the municipal court shall, as a condition of any sentence imposed require the person to follow all recommendations identified by the evaluation and assessment and ordered by the municipal court. Any evaluation and assessment report submitted to the municipal court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from review by the general public. Nothing contained in this section shall be construed to prohibit the municipal court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the municipal court to obtain the evaluation and assessment required by this section. If the defendant fails or refuses to comply with an order of the municipal court to obtain the evaluation and assessment, the Department of Public Safety shall not reinstate driving privileges until the defendant has complied in full with such order.
Added by Laws 2010, c. 219, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-103. Judges and clerks.

The city governing body may appoint and fix the compensation of one or more judges of the municipal criminal court of record, as may be required, and designate one as a presiding judge. Each judge shall possess the qualifications now required by law to be possessed by associate judges of the district court. The city governing body may appoint or otherwise provide for appointment of a clerk of the municipal criminal court of record and one or more deputy clerks and fix their compensation. The judge shall serve for a term of two (2) years, expiring on a date fixed by ordinance, and until his successor is appointed and qualified, unless sooner removed by the vote of a majority of all members of the governing body for such cause as is provided by law for the removal of public officers. Any appointment to fill a vacancy shall be for the unexpired term.
Added Laws 1977, c. 256, § 28-103, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-104. Powers and duties of judge.

A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Laws 1977, c. 256, § 28-104, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-105. Disqualification, disability or absence of judge.

In the event of the disqualification, disability or absence of a regular judge of the municipal criminal court of record, the city governing body shall have power to appoint a special judge to sit for the duration of such disqualification, disability or absence.
Laws 1977, c. 256, § 28-105, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-106. Duties of clerk - Certificate as prima facie proof.

The clerk of the municipal criminal court of record shall keep and preserve the records of all proceedings had in the court, shall keep a docket, and shall collect and receive or cause to be collected and received all fines, costs, bond forfeitures and other monies properly receivable by the clerk and shall account for the same to the city governing body. The governing body may authorize the appropriate finance official of the city by ordinance to collect and receive all fines, costs, bond forfeitures and other monies properly received by the clerk. When the clerk collects and receives such monies, the clerk shall pay or cause to be paid all such sums of money to the appropriate finance official of the city as the governing body may prescribe. It shall be the duty of the clerk to certify and authenticate all transcripts, cases and other records of the court and the certificate of the clerk shall be prima facie proof of the correctness of the copy of the document or record authenticated.
Added by Laws 1977, c. 256, § 28-106, eff. July 1, 1978. Amended by Laws 1992, c. 285, § 1, emerg. eff. May 25, 1992; Laws 1995, c. 166, § 4, emerg. eff. May 4, 1995.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-107. Marshal of court.

The administrative head of the municipality, upon recommendation of the judge of the municipal court, may designate any appropriate person to serve as marshal, and in the absence of such a designation, the chief of police or corresponding officer of the municipality shall be ex officio marshal of the court. The marshal shall execute all writs and other processes directed to him, except as otherwise provided, and such duty may be performed by any deputy marshal or by any member of the police force of the municipality, as the case may be.
Amended by Laws 1986, c. 250, § 9, emerg. eff. June 13, 1986.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-108. Reporter.

A. The presiding judge of the municipal criminal court of record may recommend to the governing body of the city the appointment of a suitable and proper person as court reporter, whose duty it shall be to correctly take and record all of the testimony and proceedings had upon the trial or cases when required by either party. The city governing body shall fix the compensation to be allowed the court reporter. Such reporter may also perform such other clerical duties as the city governing body and judge and clerk of the court may require and shall have power to certify all transcripts and records of evidence and proceedings taken by him.
B. The court reporter, before entering upon the duties of his or her office, shall be duly sworn in open court faithfully to perform the duties of the office.
C. The reporter shall not receive any fees from the city other than salary but shall receive the same fees for transcribing the testimony and proceedings from other parties that are received by reporters of the district court for like services.
Laws 1977, c. 256, § 28-108, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-109. Prosecuting officers.

The city attorney or municipal counselor and his assistants shall be the prosecuting officers of the municipal criminal court of record and the relation which they bear to the court shall be the same as that borne to the district court by the district attorney. They shall have full power to prosecute violations of any ordinance of the city in the municipal criminal court of record and shall have power to prosecute and resist appeals and proceedings in error or review from the municipal criminal court of record.
Laws 1977, c. 256, § 28-109, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-110. Office of public defender.

The city governing body may create the office of public defender. The public defender shall be charged upon order of any judge of the municipal criminal court of record with the protection of the rights of any defendant charged with violation of any ordinance in the court. The city governing body may provide for necessary office supplies and equipment and arrange for sufficient office space in public buildings.
Laws 1977, c. 256, § 28-110, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-111. Qualifications of public defender - Appointment and tenure - Salary - Legal aid.

A. The office of public defender shall be assumed by an attorney or attorneys authorized to practice law in Oklahoma. Said attorneys shall be appointed by the judges of the municipal criminal court of record and serve at the pleasure of the judges or shall be appointed and removed as provided by the city charter. The salary of the municipal public defender shall be set by the city governing body.
B. The city governing body and/or the presiding or chief judge of the municipal criminal court of record may make suitable arrangements with a legal aid society for representation of indigents in lieu of appointing a municipal public defender.
Laws 1977, c. 256, § 28-111, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-112. Determination of need for public defense - Appeals.

The judges of the municipal criminal court of record shall hold such hearing as they deem necessary to determine if an individual is an indigent and entitled to representation at public expense. If an indigent represented by the municipal public defender or legal aid society seriously believes that he has just cause for an appeal, the attorney for said indigent shall specify those portions of the record essential for said appeal and the judge of the court may order a transcript prepared for such appeal at public expense.
Laws 1977, c. 256, § 28-112, eff. July 1, 1978. d
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-113. Commencement of prosecution - Style – Procedure – Schedule of fines.

A. All prosecutions commenced in a municipal criminal court of record shall be by information, pursuant to Section 16-108 of Title 47 of the Oklahoma Statutes, for traffic offenses and by information as in the district courts in other cases, which shall be subscribed by the person making complaint and shall be verified before a judge, the court clerk, or a deputy court clerk. All prosecutions for the violation of municipal ordinances shall be styled, "The City of _______ (naming the municipality) vs. __________ (naming the person or persons charged)".
B. Upon receipt of a traffic ticket or complaint by the court clerk, other than a traffic ticket which has been signed by the arrested person as a plea of guilty, the court clerk shall either prepare a copy of the ticket or complaint and deliver the original or duplicate original to the municipal attorney, or record the ticket on a list maintained in the clerk's office and deliver the ticket to the municipal attorney for his disposition. After disposition of the ticket by the municipal attorney, the name shall be removed from the list by the court clerk. A traffic ticket or complaint that is certified by the arresting officer, the complainant, or the municipal attorney, shall constitute an information against the person arrested and served with the traffic ticket or complaint. The ticket or complaint shall be endorsed by the municipal attorney before it is filed with the court clerk; except if the person arrested and served with a traffic ticket or complaint either at the time he is arrested or at a subsequent time shall indicate in writing on the ticket or complaint, above his signature, that he elects to plead guilty to the violation charged, the traffic ticket or complaint shall be filed with the court clerk, as an information, without the endorsement of the municipal attorney, and it shall be the duty of the court clerk to notify the municipal attorney as to the fact of such filing.
C. The municipal governing body, by ordinance, may prescribe a schedule of fines for nonjury cases which a defendant may pay in lieu of an appearance before the municipal court, and such payment shall constitute a final determination of the cause against the defendant; provided, however, this subsection shall not apply to those offenses for which the penalty is a fine of more than Five Hundred Dollars ($500.00).
Added by Laws 1977, c. 256, § 28-113, eff. July 1, 1978. Amended by Laws 1984, c. 126, § 59, eff. Nov. 1, 1984; Laws 1999, c. 217, § 2, eff. Nov. 1, 1999; Laws 2006, c. 38, § 3, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-113.1. Prosecutions by verified complaint - Means of verification - Signature.

A. Notwithstanding other provisions of law, when a law enforcement officer issues a citation or ticket as the basis for a complaint or information, for an offense against a municipal ordinance which is declared to be a misdemeanor, the citation or ticket shall be properly verified if:
1. The issuing officer subscribes the officer's signature on the citation, ticket or complaint to the following statement:
"I, the undersigned issuing officer, hereby certify and swear that I have read the foregoing information and know the facts and contents thereof and that the facts supporting the criminal charge stated therein are true." Such a subscription by an issuing officer, in all respects, shall constitute a sworn statement, as if sworn to upon an oath administered by an official authorized by law to administer oaths; and
2. The citation or ticket states the specific facts supporting the criminal charge and the ordinance or statute alleged to be violated; or
3. A complainant verifies by oath, subscribed on the citation, ticket or complaint, that he has read the information, knows the facts and contents thereof and that the facts supporting the criminal charge stated therein are true. For purposes of such an oath and subscription, any law enforcement officer of the state, county or municipality of the State of Oklahoma issuing the citation, ticket or complaint shall be authorized to administer the oath to the complainant.
B. As used in this section, the term “signature” shall include a digital or electronic signature, as defined in Section 15-102 of Title 12A of the Oklahoma Statutes.
Added by Laws 1992, c. 68, § 3, eff. Sept. 1, 1992. Amended by Laws 2008, c. 179, § 1, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-114.1. Arrest for misdemeanor traffic violation other than parking or standing - Bail.

If a resident or nonresident of a municipality served by a municipal court is arrested by a law enforcement officer solely for a misdemeanor violation of a traffic ordinance, other than an ordinance pertaining to a parking or standing traffic violation, and the arrested person is eligible to sign a written promise to appear and be released upon personal recognizance as provided for in Section 1115.1 of Title 22 of the Oklahoma Statutes, then the procedures provided for in the State and Municipal Traffic Bail Bond Procedure Act as applied to municipalities, shall govern. A municipality, by ordinance, may prescribe a bail bond schedule for this purpose and may provide for bail to be used as payment of the fine and costs upon a plea of guilty or nolo contendere, as provided for in Section 2 of this act. Absent such ordinance, the municipal court may prescribe a bail bond schedule for traffic offenses. The amount of bail shall not exceed the maximum fine and costs provided by ordinance for each offense.
Added by Laws 1986, c. 250, § 11, operative July 1, 1987. Amended by Laws 1993, c. 15, § 2, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-115. Composition of jury - Selection, empanelling and qualification.

A jury for the trial of cases in the municipal criminal court of record shall consist of six (6) persons who shall be selected, empanelled and qualified in the same manner that jurors are selected, empanelled and qualified in the district court.
Laws 1977, c. 256, § 28-115, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-116. Jury list and jury boxes.

A. Upon written request of the presiding judge of the municipal criminal court of record for a stated number of jurors to the presiding judge of the appropriate district court, it shall be the duty of the clerk of the district court to draw from the jury wheel the requested number of jurors in the same manner as is provided by the law for the district court, and to prepare a list of the names drawn and certify such list to the judge of the municipal criminal court of record. Upon receipt of such jury list by the judge of said court, the same shall be filed in the records of the court and the judge or clerk shall thereupon write the name of each person upon such list upon a separate slip of paper of uniform size and color and place the same in a box in the same manner as required by law in the preparation of jury boxes in the district court; except that the box wherein the names of jurors of the court shall be kept shall be locked with two (2) keys, one of which shall be retained and kept by the judge of the municipal court and the other by the chief of police of the city.
B. The judge of the court shall ascertain if any of the prospective jurors reside outside the corporate limits of the city and shall not summon for jury duty any nonresident of the city.
Laws 1977, c. 256, § 28-116, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-117. Drawing of panel.

Upon order of the presiding judge, the clerk, or a judge, and the chief of police of the city shall draw the names of jurors from the jury box, in such number as may be ordered by the presiding judge, in the same manner as is provided by law for the drawing of names to fill a jury panel in the district court by the district judge and sheriff of the county.
Laws 1977, c. 256, § 28-117, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-119. Special panel.

In the event of the exhaustion of the regular jury panel, a special panel may be prepared and summoned upon the order of the judge directed to the chief of police of the city or sheriff of the county in the same manner as is provided by law for summoning a special panel in the district court.
Laws 1977, c. 256, § 28-119, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-120. Compliance with criminal code of procedure.

Except as otherwise specifically provided, the municipal court of record shall comply with the criminal code of procedure, as in the district court for misdemeanor cases.
Added by Laws 1977, c. 256, § 28-120, eff. July 1, 1978. Amended by Laws 1998, c. 172, § 2, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-121. Process - Searches, seizures and confiscation - Service of arrest warrant.

The municipal criminal court of record, by and through its clerk or judge, shall have power to issue subpoenas, writs of attachment, and summonses, to administer oaths, to verify complaints and other processes and writs issuable by the district judge in criminal proceedings, and to direct the same to the chief of police or other law enforcement officers. The municipal criminal court of record shall have power to compel obedience to its writs and orders in the same manner and to the same extent as the district court. The municipal criminal court of record shall also have power to issue arrest warrants and search and seizure warrants and to hear and determine proceedings for the confiscation of property used in violation of the ordinances of the municipality. A law enforcement officer of the municipality or a county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
Amended by Laws 1982, c. 133, § 3; Laws 1984, c. 126, § 60, eff. Nov. 1, 1984; Laws 1990, c. 259, § 2, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-122. Trial Docket - Criminal courts to observe certain holidays.

A. The trial docket of the municipal criminal court of record shall be prepared and set by order of the presiding judge at such times and in such manner as he may prescribe.
B. Municipal criminal courts of record shall remain closed on those holidays observed by the district courts of the state; however, the office of the court clerk may remain open for business.
Laws 1977, c. 256, § 28-122, eff. July 1, 1978; Laws 1980, c. 254, § 1, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-123. Execution of sentence - Modification, reduction or suspension - Probation - Deferred sentence.

A. All sentences of imprisonment shall be executed by the chief of police of the city, and any person convicted of a violation of any ordinance of the city and sentenced to imprisonment shall be confined in the jail, farm or workhouse, of the city, in the discretion of the court, for the time specified in the sentence. All persons who shall be convicted in the court of violation of any ordinance of the city and sentenced to pay a fine and costs, who shall refuse to pay such fine or costs, shall be imprisoned in the jail of the city for one (1) day for each Two Dollars ($2.00) of the fine and costs assessed.
B. The judge of the municipal criminal court of record imposing a judgment and sentence, at his discretion, is empowered to modify, reduce, or suspend or defer the imposition of such sentence or any part thereof and to authorize probation for a period not to exceed six (6) months from the date of sentence, under such terms or conditions as the judge may specify. Upon completion of the probation term following a deferred sentence, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or plea of guilty shall be expunged from the record and said charge be dismissed with prejudice to any further action. Upon a finding of the court that the conditions of probation have been violated, the municipal judge may enter a judgment of guilty.
C. The judge of the municipal court of record may continue or delay imposing a judgment and sentence for a period of time not to exceed one (1) year from the date of sentence. At the expiration of such period of time the judge may allow the city attorney to amend the charge to a lesser offense.
D. If a deferred sentence is imposed, an administrative fee of One Hundred Dollars ($100.00) may be imposed as costs in the case.
Added by Laws 1977, c. 256, § 28-123, eff. July 1, 1978. Amended by Laws 1983, c. 293, § 6, operative Oct. 1, 1983; Laws 1993, c. 265, § 2, eff. July 1, 1993; Laws 1999, c. 217, § 4, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-124. Imprisonment for nonpayment of fine and costs - Persons unable to pay.

Any person who shall be convicted in the municipal criminal court of record of a violation of any ordinance of the city and sentenced to pay a fine and costs, who is financially able but refuses or neglects to pay such fine and costs, shall be imprisoned in the jail, farm or workhouse of the city, in the discretion of the court, for one (1) day for each Twenty-five Dollars ($25.00) of the fine and cost assessed or one (1) day for each Fifty Dollars ($50.00) of the fine and cost assessed if the person performs useful labor. If the defendant is without means to pay the fine 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 the county where the situs 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. Further, if the defendant is without means to pay the fine or costs, and no undue hardship would result, the municipal judge may direct the defendant to perform community service at a rate of not less than the current federal minimum wage.
Added by Laws 1977, c. 256, § 28-124, eff. July 1, 1978. Amended by Laws 2008, c. 413, § 2, eff. Nov. 1, 2008; Laws 2018, c. 305, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-125. Costs.

When a person is convicted of a violation of any ordinance of the city, the cost of prosecution shall be taxed against such person as a part of the penalty and said penalty shall be enforced as provided in this article. The governing body of the city shall have the power to specify a schedule of costs, including witness fees, to be taxed in cases wherein a violation of a city ordinance is charged.
Costs of the prosecution shall be taxed against a person when the penalty assessed said person is a deferred sentence in the same manner as costs are taxed against an individual for a violation of any other ordinance of the city.
Amended by Laws 1983, c. 293, § 7, operative Oct. 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-126. Fines and costs - Disposition.

Any and all fines and costs collected, and all bonds and recognizances forfeited shall be paid into the treasury of the city. The court shall cause any furniture or equipment or other personal property which the court finds to have been actually used or intended to be used in violation of ordinances of the city to be delivered to the chief of police; provided that any of the furniture or equipment susceptible of legitimate use may be sold and the proceeds thereof shall be paid into the treasury of the city.
Laws 1977, c. 256, § 28-126, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-127. Bond forfeiture.

If a defendant fails to appear according to the terms or conditions of his bond, either for hearing, arraignment, trial or judgment, or to surrender himself in execution of the judgment, or upon any other occasion when his presence in court or before the municipal judge may be lawfully required, bond forfeiture shall follow the procedures as set forth in Section 1332 of Title 59 of the Oklahoma Statutes.
Amended by Laws 1982, c. 88, § 1; Laws 1984, c. 225, § 26, emerg. eff. May 23, 1984. Amended by Laws 1990, c. 332, § 1, emerg. eff. May 30, 1990.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-28-128. Appeals.

Appeals may be taken from a judgment or order of a municipal criminal court of record to the Court of Criminal Appeals in the same manner and to the same extent that appeals are now taken from the district courts to the Court of Criminal Appeals in criminal matters, and no appeals other than those herein provided shall be allowed.
Laws 1977, c. 256, § 28-128, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-101. General powers.

The municipal governing body may procure all necessary equipment for protection and prevention against fire and provide for the organization of a municipal fire department. The governing body may enact such ordinances, resolutions and regulations as may be necessary to establish and operate a fire department, and to borrow money and issue bonds therefor subject to the provisions of the Constitution and laws of Oklahoma.
Laws 1977, c. 256, § 29-101, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-102. Fire chief - Duties - Qualifications - Activity report forms.

All cities having a paid fire department shall have one full-time fire chief who shall supervise and administer the fire department in accordance with the policies and procedures prescribed by the governing body or by the city manager. The fire department shall be under the direction and control of the fire chief who shall not serve as fire chief and also as police chief, city manager, mayor or any other position that impairs the ability to perform the duties of a fire chief. The fire chief, whether permanent or interim, of any paid municipal fire department shall have had at least three (3) years' actual experience as a paid fire fighter before assuming the position of fire chief. It shall be the duty of the fire chief to file the appropriate activity report forms with the Office of the State Fire Marshal in Oklahoma City on an annual basis. The activity report forms shall be designed by the State Fire Marshal and shall include, but not be limited to, the amount of property and vehicle fire loss, types of fires, inspections and investigations. The report shall include notification of all fire-related civilian deaths and injuries in the respective jurisdiction and of fire fighter deaths in the line of duty and of fire fighter injuries in the line of duty requiring the services of a hospital or physician or both.
Added by Laws 1977, c. 256, § 29-102, eff. July 1, 1978. Amended by Laws 1980, c. 250, § 1, eff. Oct. 1, 1980; Laws 1982, c. 83, § 1; Laws 1986, c. 190, § 4, operative July 1, 1986; Laws 1990, c. 16, § 1, emerg. eff. March 29, 1990; Laws 2009, c. 435, § 1, eff. July 1, 2009; Laws 2014, c. 281, § 1, emerg. eff. May 12, 2014.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-103. Firefighters - How appointed.

The members of all paid municipal fire departments shall, on approval of the chief of the fire department, be appointed in the manner provided by law applicable to the form of municipal government for the appointment of municipal employees.
Laws 1977, c. 256, § 29-103, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-103.1. Firefighters – Criminal history records check - Fingerprints.

A. Prior to appointing a paid member of a municipal fire department, each department may conduct a national criminal history records check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
B. Each applicant, upon request, shall furnish the department with two completed fingerprint cards and a money order or a cashier’s check made payable to the Oklahoma State Bureau of Investigation for the fee for a national fingerprint criminal history records check. The Bureau shall retain one set of fingerprints in the Automated Fingerprint Identification System (AFIS) and submit the other set to the Federal Bureau of Investigation (FBI) for a national criminal history records check.
Added by Laws 2009, c. 113, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-105. Municipalities and fire protection districts - Contracts.

A municipality may:
1. Provide protection from fire for all persons and property within its boundaries;
2. Contract to give or receive such protection to or from one or more municipalities or private organizations;
3. Provide fire protection jointly with one or more municipalities or private organizations;
4. Contribute toward the support of any fire department in return for fire protection service;
5. Create fire protection districts within the limits of the municipality encompassing areas served by fire protection services; or
6. Provide fire protection for persons and property outside its corporate limits provided that said fire protection has been authorized by the governing body of the municipality.
Laws 1977, c. 256, § 29-105, eff. July 1, 1978; Laws 1993, c. 241, § 1, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-106. Contracts respecting fire protection.

Any contract for fire protection entered into by the governing bodies of municipalities shall expressly stipulate the terms and conditions upon and in compliance with which each party thereof is to cooperate in furnishing, maintaining, and operating fire equipment for outside aid or mutual aid or making payment for such service. Governing bodies may contract to supply fire protection to owners of any individual properties.
Laws 1977, c. 256, § 29-106, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-107. Firefighters working outside limits - Compensation - Pension fund.

All municipal firefighters, full paid or volunteer, attending and serving at fires or doing fire prevention work or rescue, resuscitation, first aid, inspection or any other official work outside the corporate limits of a municipality as provided in Sections 29-105 through 29-108 of this title shall be considered as serving in their regular line of duty as full as if they were serving within the corporate limits of their own municipality; but fuel paid firefighters shall receive no additional compensation, and volunteer firefighters shall receive only such compensation as may be provided for by ordinance or resolution for such cases. All such firefighters shall be entitled to all the benefits of any pension fund, firemen's relief and pension fund in the same manner as if the fire fighting or fire prevention work or rescue, resuscitation, first aid, inspection or any other official work has been within the corporate limits of the municipality.
Laws 1977, c. 256, § 29-107, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-108. Fire department answering calls outside corporate limits considered agent of state - Liability for damages.

A municipal fire department answering any fire alarms or performing fire prevention services or rescue, resuscitation, first aid, inspection or any other official work outside the corporate limits of its municipality shall be considered an agent of the State of Oklahoma, and acting solely and alone in a governmental capacity. Said municipality shall not be liable in damages for any act of commission, omission, or negligence while answering or returning from any fire or reported fire or doing or performing any fire prevention work or rescue, resuscitation, first aid, inspection or any other official work.
Laws 1977, c. 256, § 29-108, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-109. Municipalities permitted to contract for fire protection.

A. Any city or town operating a paid fire department may contract with a private entity, organization, corporation or company for the performance of the essential functions of fire suppression, prevention, and life safety duties in a fire department and, if required, transfer capital assets used in fire protection services to a public trust for the use of the private entity, organization, corporation or company in providing such services. Pursuant to the provisions of this act, the mayor shall issue an order calling for an election on the question of whether or not the city or town shall change its method of providing fire protection if:
1. An initiative petition is filed with the governing body of the municipality; or
2. The governing body, by resolution, so directs.
B. The initiative petition or resolution of the governing body shall be filed with the clerk of the municipality at least one hundred twenty (120) days before the filing date for the next municipal general election. The order calling for the election regarding fire protection services shall be issued by the mayor of the municipality within ten (10) days after a decision has been made on the ballot title, or within ten (10) days after the effective date of the resolution of the governing body.
Added by Laws 1997, c. 142, § 1, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-110. Election on question of contracting for fire protection services.

The question of contracting for fire protection services with a private entity, organization, corporation or company and, if required, the transfer of capital assets used in fire protection services to a public trust, shall be submitted to the registered voters of the city or town at the next general election, or a special election to be held in the city or town not less than thirty (30) days nor more than sixty (60) days after the date of the order calling for the election. Notice of the election on the question shall be given by the governing body in a manner required for municipal elections.
Added by Laws 1997, c. 142, § 2, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-29-111. Ballot - Canvass of returns and resolution of governing body.

A. 1. The question submitted to the registered voters of the municipality shall be substantially in the following form:
Shall the City of ___________ contract for fire protection services with a private entity, organization, corporation or company?
( ) Yes
( ) No
2. If the question includes the transfer of capital assets used in fire protection services, a second question shall be submitted to the registered voters of the municipality and shall be substantially in the following form:
Shall the City of ___________ transfer ownership of capital assets used in fire protection services to a public trust for use by the private entity, organization, corporation or company in providing such services?
( ) Yes
( ) No
B. 1. The secretary of the county election board shall, within five (5) days after the canvass of returns, certify the results of the election on the question to the governing body.
2. If a majority of the votes cast are in favor of contracting for fire protection services with a private entity, organization, corporation or company, the governing body shall, within twenty (20) days after receiving the certification, adopt a resolution stating that the city or town will contract for fire protection services with a private entity, organization, corporation or company pursuant to a solicitation of proposals on a competitive bid basis pursuant to the provisions of the Oklahoma Central Purchasing Act.
3. If a majority of the votes cast are in favor of transferring ownership of capital assets used in fire protection services to a public trust for use by the private entity, organization, corporation or company in providing such services, the governing body shall, within twenty (20) days after receiving the certification, adopt a resolution stating that the city or town will create a public trust for such purpose and transfer ownership of the assets to the public trust.
Added by Laws 1997, c. 142, § 3, eff. Nov. 1, 1997.