§ 1-11. General penalty.

(a)

In this section, the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

Any person who shall aid, abet or assist in the violation of any provision of this Code or any other ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in this section.

(d)

Except as otherwise provided:

(1)

With respect to violations that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

As to other violations, each act is a separate offense.

(e)

Except as otherwise provided in this section or by state law:

(1)

Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in the Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, and except as otherwise provided in this section, the violation of any provision of this Code or of any ordinance, upon conviction, shall be punished by a fine not exceeding $750.00 or imprisonment not exceeding 60 days, or both fine and imprisonment.

(2)

The violation of provisions of this Code regulating the pretreatment of wastewater and stormwater discharges, upon conviction, shall be punished by a fine not exceeding $1,000.00 or imprisonment not exceeding 90 days, or both fine and imprisonment.

(3)

The violation of provisions of this Code regarding alcohol- or drug-related offenses, upon conviction, shall be punished by a fine not exceeding $800.00 or imprisonment not exceeding six months, or both fine and imprisonment; provided that $50.00 of each alcohol fine or deferral fee by the city shall be used to defray costs for enforcement of laws relating to juvenile access to alcohol, other laws relating to alcohol and other intoxicating substances, and traffic-related offenses involving alcohol or other intoxicating substances.

(4)

The violation of traffic offenses under this Code regarding speeding or parking, upon conviction, shall be punished by a fine not exceeding $200.00; provided, however, that convictions of violating the posted speed limit by no more than ten miles per hour upon any portion of the National System of Interstate and Defense Highways, federal-aid primary highways, and the state highway system which are located on the outskirts of any municipality as determined in 47 O.S. § 2-117 shall not exceed a fine of $10.00 or court costs of $15.00.

(5)

Except as provided in 11 O.S. § 14-111, in all cases before the municipal court, the court may impose court costs, not to exceed $30.00 plus the fees and mileage of jurors and witnesses.

(f)

Any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than $50.00 per day for useful labor, until the fine or costs are satisfied.

(g)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(h)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(i)

No penalty, including fine and costs, shall be greater than that established by statute for the same offense.

(Code 2000, § 1-108; Ord. No. 657, 9-3-1996; Ord. No. 820, § 1, 9-15-2008; Ord. No. 908, § 1, 11-7-2016 )

State law reference

Penalties for violation of municipal ordinances, 11 O.S. § 14-111; cancellation or denial of driving privilege for noncompliance with municipal court sentences, 11 O.S. § 14-112.