Municipal Court – Article 01. Municipal Court in General

Section 7-1. Purpose.

This Chapter shall govern the organization and operation of the Municipal Court of the Town of Tryon, as authorized by Title 11, Section 27-102 of the Oklahoma Statutes. To the extent of conflict between any provisions of this Chapter and the provisions of any other ordinance of this Town, the provisions of this Chapter shall control.

Section 7-2. General Penalties.

Whenever in this code or in other ordinances of the Town of Tryon, Oklahoma, or in any rule, regulation, or order promulgated by any officer or agency of the Town under authority duly vested in him, or it, any act is prohibited or is made or declared to be unlawful or any offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful, or an offense, or a misdemeanor, where no specific penalty is provided therefore, the violation of any such provision of this code or any other ordinance of the Town of Tryon, on such rule, regulation, or order shall be punished by a fine not exceeding five hundred dollars ($500.00), not including costs.
This section shall not apply to the penalty for traffic offenses relating to speeding or parking for which violation the punishment by fine shall not exceed two hundred dollars ($200.00), excluding costs.
This section shall not apply to the penalty for violations of the Tryon Town Code regulating the pretreatment of wastewater and regulating storm water discharge for which violation the punishment by fine shall not exceed One Thousand Dollars ($1,000.00) excluding costs.
Except where otherwise provided, every day any violation of this code or any other ordinance of the Town of Tryon, or such rule, regulation, or order shall continue shall constitute a separate offense.

Section 7-3. Definitions.

As used in this Chapter, unless the context requires a different meaning, the following words shall mean:

“Court” means the Municipal Court of the Town of Tryon, Oklahoma.
“Judge” means the judge of the Municipal Court aforesaid, including any acting judge thereof as provided for by the Statutes of this state, and this ordinance.
“Municipality” or “this municipality” means the Town of Tryon, Oklahoma.
“Clerk” means the Municipal Court Clerk of this municipality including a deputy or member of the Office of the Court Clerk, all performing duties of the Court Clerk’s Office.
“Town Attorney” means the duly appointed and acting Town Attorney for the Town of Tryon, Oklahoma.
“Governing Body” means the Board of Trustees of this municipality.
“Chief of Police” means the peace officer in charge of the police force of this municipality.
“This Judicial District” means the District Court Judicial District of the State of Oklahoma wherein the government of this municipality is situated.

Section 7-4. Jurisdiction.

The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of this municipality is charged, including any such prosecutions transferred to the court in accordance with applicable law.
The court shall have and possess the original jurisdiction to hear and determine all offenses under the traffic regulations of the Town, without previous proceedings, in juvenile court, offenses under the traffic regulations of the Town, without previous proceedings, in juvenile court, and cases where the person informed against has attained the age of sixteen (16) years of age, or where the person informed against is between the age of sixteen (16) years of age and fourteen (14) years of age, and is the holder of an operator’s or restricted operator’s license issued by the Department of Public Safety for the state authorizing such person to operate a motor vehicle.

Section 7-5. Judge.

There shall be one (1) Judge of the court, appointed by the Board of Trustees of the Town of Tryon, Oklahoma. He need not reside within the municipality. He may serve as Judge of other municipal courts, if such service may be accomplished consistently with his duties as Judge of this court, with the consent of the governing body.

Section 7-6. Term of Judge.

The official term of the Judge shall be at the pleasure of the Board of Trustees. The Judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified, provided that the Judge of the municipal court existing in this municipality at the effective date of this Chapter shall act as Judge of the court herein provided or until a Judge is appointed and qualified under the terms of this Chapter.

Section 7-7. Alternate/Acting Judge.

In the event of the disqualification of the Judge in a particular case, or his absence or inability to act, the Board of Trustees may appoint some person, possessing the qualifications required by this Chapter for the Judge as acting Judge of the court in the place of the Judge during his absence or inability to act or in a case wherein the Judge is disqualified.
There may be appointed, for each Judge of the court, an alternate Judge, possessed of the same term and made in the same manner as the Judge. He shall sit as acting Judge of the court in any case if the Judge is absent from court, unable to act as Judge, or disqualified from acting as Judge in the case.

Section 7-8. Salary of Judge.

The Judge shall receive a salary to be fixed from time to time by the governing body, which shall be paid in the same manner as the salaries of other officials of this municipality.
An acting Judge shall be paid the same salary as the monthly salary of the Judge in whose stead he sits.

Section 7-9. Appointment of Judge.

Judges and alternative Judges shall be appointed by the Board of Trustees of the Town of Tryon.

Section 7-10. Dismissal of Judge.

Judges and alternate Judges shall be subject to dismissal by the Board of Trustees of the Town of Tryon, upon there being shown proper cause for said dismissal.

Section 7-11. Vacancy.

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 proceedings are no longer subject to judicial review.
Upon the occurrence of a vacancy in the office of Judge, the Board of Trustees of the Town of Tryon shall appoint a successor to complete the unexpired term.

Section 7-12. No Change of Venue.

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 court of record. If a Judge is disqualified, the matter shall be heard by an acting Judge, appointed as provided in this Chapter.

Section 7-13. 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 ex-officio marshal and principal officer of the court.

Section 7-14. Judge May Prescribe Rules.

The Judge may prescribe rules, consistent with the Statutes of the State of Oklahoma, and with the ordinances of this municipality, for the proper conduct of the business of the Court.

Section 7-15. Procedure.

In all trials, as to matters not in this Chapter, or by the statutes relating to municipal 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.

Section 7-16. Contempt.

Obedience to the order, rules, and judgments made by the judge or by the court may be enforced by the Judge, who may fine 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 District Courts of this State.

Section 7-17. Court Clerk.

The Court Clerk or deputy assigned by the Clerk, shall be the Clerk of the Court. It shall be separate and distinct office from any other in the Town of Tryon. The Clerk shall assist the Judge in recording proceedings of the Court and in preparing writs, processes and other papers. The Clerk shall enter all pleadings, processes and proceedings in the dockets of the Court. The Clerk shall perform such other clerical duties relating to the proceedings in the dockets of the Court. The Clerk shall perform such other clerical duties relating to the proceedings of the Court as the Judge shall direct. The Clerk shall receive and receipt for forfeitures, fees, deposits, and sums of this municipality, at least weekly, all money so received by him/her, except such special deposits or fees as shall be received to be disbursed by him/her for special purposes. All money shall be paid to the general 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 paid.
The Municipal Court Clerk is authorized to charge and collect fees for the following:
1. For preparing and furnishing, upon request, a copy of a motor vehicle accident report on file in the traffic division of the Police Department, two dollars ($2.00) to be charged for each page.
2. For preparing and furnishing, upon request, a copy of the record of arrest, commonly known as a transcript, for the violation of statutes and/or ordinances, two dollars ($2.00) to be charged for each page.
3. For searching, upon request, the records on file in the Police Department, one dollar fifty cents ($1.50) to be charged for each name.
4. The fees set out in this Section shall not be charged or collected for any such services rendered for or upon request of an agent or office of the federal, state, county, town, or other governmental bodies.

Section 7-18. Clerk’s Bond.

The Municipal Court Clerk shall give a separate bond, in the form provided by Title 11, Section 27-111 of the Oklahoma Statutes in a sum not less than ten thousand dollars ($10,000.00). When executed, said bond shall be submitted to the governing body for approval. When approved, it shall be filed with the Clerk of this municipality and retained in the municipal archives.

Section 7-19. Town Attorney.

The attorney for this municipality, or his duly designated assistant, shall be the prosecuting officer of the Town. He shall be authorized, in his discretion, to prosecute and resist appeals, proceeding sin error and review from this court to any other courts of the state, and to represent this municipality in all proceedings arising out of the matters of this court.

Section 7-20. Style of Prosecution.

All prosecutions for violation of ordinances of this municipality shall be styled “The Town of Tryon versus (naming defendant or defendants)”. Except as provided hereinafter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint and setting forth precisely the offense charged. A complaint may be amended in matter of substance or form at any time before the defendant pleads, without leave, and may be amended after plea on order of the court where the same can be done without material prejudice to the rights of the defendant; no amendment shall cause any delay of the trial, unless good cause is shown by affidavit.

Section 7-21. Traffic Violations.

If a police officer observes facts which he believes constitute a violation of the traffic ordinances of this municipality committed by a resident of Tryon, Oklahoma, in lieu of arresting such person, he may take his name, address, operator’s license number, the registered license number of the motor vehicle involved, and any other pertinent and necessary information, and may issue to him, a traffic citation embracing the above information, and further stating the traffic violation alleged to have occurred, and notifying him to answer to the charge against him in the court at a time, not later than thirty (30) days thereafter, specified in the citation, The officer, upon receiving the written promise of the alleged violator, endorsed on the citation, to answer as specified or the alleged violator’s drivers license as outlined in part (B) hereof shall release said person from custody. If the person to whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this Chapter.
If the alleged traffic violation is committed by a nonresident of Tryon, Oklahoma, the police officer shall take him into custody under arrest. The arrested person either;
1. Shall be taken immediately before the Judge for further proceedings according to law;
2. Shall have bail fixed for his release in accordance with the provisions of this ordinance or
3. Upon depositing with the arresting officer a valid license to operate a motor vehicle, in exchange for a receipt issued by the arresting officer, which receipts shall be recognized as an operator’s license and shall authorize the person’s operation of a motor vehicle to the date of his hearing, but not to exceed thirty (30) days. Upon provided bail as fixed, and upon giving his written promise to appear upon a da certain, as provided in the preceding subsection of this Chapter, he shall be released from custody.
If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, the Police Officer shall place on the vehicle, at a place reasonable likely to com to the notice of the operator, a citation conforming substantially to that prescribed in subsection (A).

Section 7-22. Traffic Violations Bureau.

A Traffic Violations Bureau is hereby 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. Persons who are cited for violation of one of the traffic regulatory ordinances of this municipality, with such exceptions as the Judge may by rule prescribe, may elect to pay a fine in the Traffic Violations Bureau according to a schedule of fines to be prescribed by the Judge. Payment of a fine under this Section shall constitute a final determination of the cause against the Defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this Chapter.

Section 7-23. Summons.

Upon the filing of a complaint charging violation of an 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, 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 day certain, containing a provision for the official return of the summons, and including such other pertinent information as may be necessary.
The summons shall be served by delivering a copy to the defendant personally. If he fails to appear to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided by this Chapter.
It shall be unlawful for any person who has been lawfully subpoenaed within the Tryon Municipal Court to fail to appear in response to the command as contained in said subpoena. It is further provided that the intent of this Section tis to make it a separate offense for any person either willfully or otherwise to fail to appear before the Tryon Municipal Court at the appointed time and willfully or otherwise fail to appear before the Tryon Municipal Court at the appointed time and place, when said person has been commanded to do so by a lawfully issued and served subpoena.

Section 7-24. Warrant of Arrest.

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:

MUNICIPAL COURT

The Town of Tryon, Oklahoma to the Police Chief of the Municipal Criminal Court of Tryon, Oklahoma:

A complaint upon oath having this day been made by _______________ that the offense of _______________ has been committed and accusing ______________ thereof, you are commanded therefore forthwith to arrest the above-named ____________ and bring before me at ____________.

WITNESS MY HAND this _______ day of __________, ____________.

___________________________________________
JUDGE OF THE MUNICIPAL CRIMINAL COURT
OF TRYON, OKLAHOMA

It shall be the duty of the aforesaid Police Chief, personally, or through a duly constituted member of the police force of this municipality, or through any other persons lawfully authorized so to act, to execute said warrant as promptly as possible.

Section 7-25. Bail.

Upon arrest, or upon appearance without arrest in response to citation or summons, any person, whether a resident of this state or a non-resident, who is arrested by a law enforcement officer solely for a violation of a municipal traffic ordinance shall be released by the arresting officer upon personal recognizance if:
1. The arrested person has been issued a valid license to operate a motor vehicle by Oklahoma, another state jurisdiction within the United States or any party jurisdiction of the Non-resident Violator Compact;
2. The arresting officer is satisfied as to the identity of the arrested person;
3. The arrested person signs a written promise to appear as provided for on the citation; and
4. The violation does not constitute:
  1. Eluding or attempting to elude a law enforcement officer, or
  2. Operating a motor vehicle without having been issued a valid driver’s license, or while the license is under suspension, revocation, denial or cancellation, or
  3. An arrest based upon an outstanding warrant, or
  4. A traffic violation coupled with any offense stated in subparagraphs (a) through (c) of this paragraph, or
  5. An overweight violation, or the violation of a special permit exceeding the authorized permit weight, or
  6. a violation relating to the transportation of hazardous materials.
If the arrested person is eligible for release on personal recognizance as provided for in subsection (A) of this Section, then the arresting officer shall:
1. Designate the traffic charge;
2. Record information from the arrested person’s driver’s license on the citation form, including the name, address, date of birth, personal description, type of driver’s license, driver’s license number, issuing state, and expiration date;
3. Record the motor vehicle make, model, and tag information;
4. Record the arraignment date and time on the citation; and
5. Permit the arrested person to sign a written promise to appear as provided for in the citation.
The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested persons driver’s license in Oklahoma, or in the non-residents home state pursuant to the Non-resident Violator Compact.
The Court, or the Court Clerk as directed by the Court, may continue or reschedule the date and time of arraignment upon request of the arrested person or his attorney. If the arraignment is continued or rescheduled, the arrested person shall remain on personal recognizance and written promise to appear until such arraignment, in the same manner and with the same consequences as if the continued or rescheduled arraignment was entered on the citation by the arresting officer and signed by the defendant. An arraignment may be continued or rescheduled more than one time; provided however, the Court shall require an arraignment to be had within a reasonable time, It shall remain the duty of the defendant to appear for arraignment unless the citation is satisfied as provided for in subsection (E) of this Section.
A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contender to the violation charged at any time before he is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or on a legible copy thereof, together with the date of the plea and his signature. The Defendant shall be responsible for assuring full payment of the fine and costs to the Municipal Court Clerk. Payment of the fine and costs may be made by personal, cashier’s, traveler’s, certified, or guaranteed bank check, postal or commercial money order, or other form of payment approved by the court in an amount prescribed as bail for the offense. The defendant shall not use currency of payment by mail. If the defendant has entered a plea of guilty or nolo contender as provided for in this subsection, such plea shall be accepted by the court and the amount of the fine and costs shall be as prescribed by the Municipal Judge.
If a resident of the Town of Tryon is arrested by a law enforcement officer for the violation of any traffic ordinances for which Section (A) of this act does not apply, or is arrested for the violation of a non-traffic ordinance, the officer shall immediately release said person if the person acknowledges receipt of a citation by signing it. Provided, however, the arresting officer need not release said person if it reasonably appears to the officer that the person may cause injury to himself or others or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property, If said person fails to appear in response to the citation, a warrant shall be issued for his arrest and his appearance shall be compelled.
If the arrested resident is not released by being permitted to sign a citation as provided for in this subsection, he shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance.
If a non-resident of the Town of Tryon is arrested by a law enforcement officer for a violation of any ordinance for which Section (A) of this act does not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.

Section 7-26. Pleading.

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 right, 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.

Section 7-27. Postponement.

Before the trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.

Section 7-28. Defendant to be present, bond forfeiture procedure.

The Defendant must be present in person at the trial.
If without sufficient excuse, a defendant fails to appear according to the terms or conditions of a bond, either for hearing, arraignment, trial, or judgment, or upon any other occasion when his or her presence in court or before the Judge may be lawfully required,
1. The Court shall follow the procedures set forth in Title 59, Section 1332 of the Oklahoma Statutes whereby the Tryon Municipal Court Clerk shall issue the required notices; or
2. The Tryon Municipal Judge shall issue an order declaring the bond to be forfeited on the day the defendant failed to appear and stating the reasons therefore within five (5) days of the order of forfeiture, the Tryon Municipal Court Clerk shall file a certified copy of the order with the District Court of Lincoln County. The District Court Clerk shall treat the certified order of forfeiture as a foreign judgment and proceed in accordance with the provisions of Title 59, Section 1332 of the Oklahoma Statutes. A surety shall have all remedies available under the provisions of Title 22, Section 1108 and Title 59, Sections 1301 through 1340 of the Oklahoma Statutes.

Section 7-29. Judgment.

If the defendant pleads guilty or is convicted after trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.

Section 7-30. Witnesses.

Witnesses in any proceeding in the Municipal Court of the Town of Tryon, other than police officers or other officials who shall be employed by said Town, shall be entitled to eight dollars ($8.00) per each full day of attendance, plus twenty cents ($0.20) for each mile actually and necessarily traveled in going to and returning from the place of attendance, if their residence is more than ten (10) miles distant from the place of trial. No witness, however, shall receive fees or mileage in more than one (1) case for the same period of time or for the same travel. A defendant seeking to subpoena witnesses must deposit with the Municipal Court Clerk a sum sufficient to cover fees and mileage for one (1) day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting forth:
1. The names of no more witnesses than the Municipal Judge for the Town shall determine to e just, necessary and reasonable for the proper defense of said indigent’s case;
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 said witness is material, and
4. That their attendance at the trial is necessary to his proper defense.
In any case where an indigent defendant has properly filled out and filed with the Town an affidavit setting forth the above-mentioned information, then the fees for such witnesses shall be paid by the Town of Tryon.

Section 7-31. Judgment to be rendered.

At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.

Section 7-32. Acquittal.

If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.

Section 7-33. Suspension or Deferment of Sentence.

Whenever any person shall be convicted in the municipal court of violating a municipal ordinance, the judge trying said cause, after sentence, may suspend said judgment or costs, or both, and allow said person so convicted to be released upon his own recognizance. Provided, if it shall be made to appear to the Judge that such person having complied with any conditions which might be prescribed by the municipal judge, then the municipal judge may order the record of that proceeding expunged from the records of the Tryon Municipal Court. Provided further that this can be done in accordance with the provisions of, and subject to, the conditions procedures imposed by Title 11, Section 27-123 of the Oklahoma Statutes.
If the Defendant pleads or is found guilty of an offense against the Town of Tryon, the municipal judge shall have the authority to either suspend the execution of sentence in whole or in part with or without probation, or to declare, impose, and assess the fine as prescribed by law for the offense also with or without probation. The judge shall also order that the Defendant be committed to the county jail until the judgment is complied with unless the Defendant pays the fine and costs or stays the execution of the judgment by giving a good and sufficient bond, to be approved by the judge, conditioned that the Defendant will pay the fine and costs within thirty (30) days from the date of the judgment. If the Defendant, on conviction or plea of guilty, fails to pay or to stay the execution of judgment as provided herein, or if after staying the execution of judgment he fails to pay the fine and costs, he shall be committed until he shall have served out the amount thereof. Upon payment of the fine and costs, the judge shall discharge such Defendant unless he is held for another legal cause. Probation, as used in this section, is the procedure under which a Defendant, found guilty of a crime, is released by the court subject to conditions imposed by the court and subject to the supervision of the proper guidance personnel as defined by the court. Such supervisions shall be initiated on an order of probation from the court, and such supervision shall not exceed six (6) months.
Upon a verdict or plea of guilty, but before a judgment of guilty, the court may, without entering a judgment of guilty, may defer such sentencing and place the Defendant on probation under the supervision of the proper probation personnel as shall be decided by the municipal court of the Town of Tryon and upon the conditions of probation which are prescribed by the court. Upon the completion of the probation term, which probation term, under this procedure shall not exceed six (6) months, the Defendant shall be discharged from the probation program and any charges brought against the Defendant may be dismissed with prejudice to any further action if the court so chooses. Upon violation of the conditions of probation, the court may enter judgment of guilt.
The Court may, upon deferment of any sentence, impose an administrative fee of not greater than Two Hundred dollars ($200.00) as a condition of such deferred sentence.
The Court upon granting probation may fix a fee not to exceed Two Hundred dollars ($200.00) to be paid by the probationer during the probation period. The Court may make payment of the fee a condition of granting or continuing the probation, and such condition may be imposed whether the probation is incident to the suspending of imposition or the deferring of a sentence.
The fees provided for in subsections (d) and (e) of this section shall be paid to the Court Clerk of the Town of Tryon and credited to the general fund of the Town. Any and all monies credited to such fund are hereby appropriated for paying the expense of supervising probationers.

Section 7-34. Costs.

If judgment of conviction is entered the municipal judge may order the clerk of the court to tax court costs in maximum amount of twenty-five dollars ($25.00) to the Defendant, plus any fees and mileage for witnesses and any costs or fees mandated by the Council on Law Enforcement Training, all in addition to any fine that might be imposed.