oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

Code enforcement officer tickets

R
rayvincent@coxinet.net
Tue, Oct 5, 2021 5:51 PM

What authority do code enforcement officers have to write tickets in municipal court.

Prosecutions in municipal court not of record is by verified complaint. 11 OS Section 27-115;

ll prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making the complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. No warrant for arrest shall be issued until the complaint has been approved by the judge of the municipal court. All prosecutions for the violation of municipal ordinances shall be styled, "The ________ (City or Town) of ________________ (name the municipality) vs. ________________ (naming the person or persons charged)".

Law Enforcement officers have a special statutory provision for verification;  11 OS Section 27-115.1
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 knowthe 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

  1. The citation or ticket states the specific facts supporting the criminal charge and the ordinance or statute alleged to be violated; or

  2. 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.

Law enforcement officers can allow the person to sign promise to appear pursuant to 27 OS Sections 27-117 through 27-177.1.

So how does a code enforcement officer write a ticket.  IF the code enforcement ticket has a court date, by what authority does a code enforcement officer have to tell someone they have to come to court.  And if they fail to appear by what authority would a judge have to issue a warrant for arrest?

Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689

CONFIDENTIALITY NOTE

This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

What authority do code enforcement officers have to write tickets in municipal court. Prosecutions in municipal court not of record is by verified complaint. 11 OS Section 27-115; ll prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making the complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. No warrant for arrest shall be issued until the complaint has been approved by the judge of the municipal court. All prosecutions for the violation of municipal ordinances shall be styled, "The ________ (City or Town) of ________________ (name the municipality) vs. ________________ (naming the person or persons charged)". Law Enforcement officers have a special statutory provision for verification; 11 OS Section 27-115.1 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 knowthe 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. Law enforcement officers can allow the person to sign promise to appear pursuant to 27 OS Sections 27-117 through 27-177.1. So how does a code enforcement officer write a ticket. IF the code enforcement ticket has a court date, by what authority does a code enforcement officer have to tell someone they have to come to court. And if they fail to appear by what authority would a judge have to issue a warrant for arrest? Raymond A. Vincent Raymond A. Vincent, PLLC 1919 S. Sunnylane Rd., Suite 200 Del City, Oklahoma 73115 405-235-0484 Fax 405-236-3689 CONFIDENTIALITY NOTE This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.