|ENROLLED SENATE | |BILL NO. 431 By: Aldridge of the Senate | | | | and | | | | Banz, Tibbs and Martin | | (Steve) of the House | | | | | | | | | | | | | | An Act relating to counties and county officers; | | authorizing the board of county commissioners to | | provide enforcement of certain regulations and set | | certain penalties; providing procedures; setting fees | | and penalties; repealing 19 O.S. 2001, Section | | 865.67, which relates to violations and penalties; | | and providing for codification. | | | | | | | | | |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | | SECTION 1. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 863.13A of Title 19, unless | |there is created a duplication in numbering, reads as follows: | | | | A. A board of county commissioners may provide for enforcement | |of its regulations and establish fines, penalties or other remedies | |for any offense in violation of its regulations, which shall be | |recoverable together with costs of suit. | | | | B. 1. In addition to other powers and duties prescribed by | |law, a board of county commissioners shall have the power to | |establish and enforce fines and penalties for violation of its | |zoning, subdivision, storm water and floodplain regulations, | |including the issuance of citations by designated county personnel | |for violations of its zoning, subdivision, storm water and | |floodplain regulations. A board of county commissioners may | |additionally establish that any person who fails to correct a | |violation for which a citation has been issued within the period | |permitted for its correction may be assessed a fine or penalty for | |each ensuing day during which such failure or violation continues. | | | | | arsid3696836 ENR. S. B. NO. 431 Page 1 ___________________________________________________________________________
| 2. In issuing a citation pursuant to this subsection, the | |county employee shall proceed as follows: | | | | a. the employee shall prepare a written citation to | | appear in court, containing the name and address of | | the cited person and the violation/offense charged, | | and stating when the person shall appear in district | | court. The time to appear specified in the citation | | shall be at least five (5) days after the issuance of | | the citation, | | | | b. one copy of the citation to appear shall be | | delivered to the person cited, and such person shall | | sign a duplicate written citation which shall be | | retained by the county employee, and | | | | c. as soon as practicable, one copy of the citation | | shall be filed with the district court specified | | therein and one copy delivered to the prosecuting | | attorney. | | | | 3. If a person fails to appear in district court at the | |designated time, a warrant for arrest shall be issued. | | | | 4. Violations and penalties shall be deemed misdemeanor | |offenses, punishable by a fine of up to Five Hundred Dollars | |($500.00). Jurisdiction is hereby conferred upon the district court | |within the county. | | | | 5. Fines and penalties collected pursuant to this subsection | |shall be deposited in the appropriate county fund. | | | | 6. Issuance of citations and/or payment of fines or penalties | |shall in no way preclude other remedies or appropriate action or | |proceedings to prevent or remove a violation. | | | | SECTION 2. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 865.67A of Title 19, unless | |there is created a duplication in numbering, reads as follows: | | | | A. A board of county commissioners may provide for enforcement | |of its regulations and establish fines, penalties or other remedies | |for any offense in violation of its regulations, which shall be | |recoverable together with costs of suit. | | | | B. 1. In addition to other powers and duties prescribed by | |law, a board of county commissioners shall have the power to | |establish and enforce fines and penalties for violation of its | arsid3696836 ENR. S. B. NO. 431 Page 2 ___________________________________________________________________________
|zoning, subdivision, storm water and floodplain regulations, | |including the issuance of citations by designated county personnel | |for violations of its zoning, subdivision, storm water and | |floodplain regulations. A board of county commissioners may | |additionally establish that any person who fails to correct a | |violation for which a citation has been issued within the period | |permitted for its correction may be assessed a fine or penalty for | |each ensuing day during which such failure or violation continues. | | | | 2. In issuing a citation pursuant to this subsection, the | |county employee shall proceed as follows: | | | | a. the employee shall prepare a written citation to | | appear in court, containing the name and address of | | the cited person and the violation/offense charged, | | and stating when the person shall appear in district | | court. The time to appear specified in the citation | | shall be at least five (5) days after the issuance of | | the citation, | | | | b. one copy of the citation to appear shall be | | delivered to the person cited, and such person shall | | sign a duplicate written citation which shall be | | retained by the county employee, and | | | | c. as soon as practicable, one copy of the citation | | shall be filed with the district court specified | | therein and one copy delivered to the prosecuting | | attorney. | | | | 3. If a person fails to appear in district court at the | |designated time, a warrant for arrest shall be issued. | | | | 4. Violations and penalties shall be deemed misdemeanor | |offenses, punishable by a fine of up to Five Hundred Dollars | |($500.00). Jurisdiction is hereby conferred upon the district court | |within the county. | | | | 5. Fines and penalties collected pursuant to this subsection | |shall be deposited in the appropriate county fund. | | | | 6. Issuance of citations and/or payment of fines or penalties | |shall in no way preclude other remedies or appropriate action or | |proceedings to prevent or remove a violation. | | | | SECTION 3. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 866.16A of Title 19, unless | |there is created a duplication in numbering, reads as follows: | arsid3696836 ENR. S. B. NO. 431 Page 3 ___________________________________________________________________________
| | | A. A board of county commissioners may provide for enforcement | |of its regulations and establish fines, penalties or other remedies | |for any offense in violation of its regulations, which shall be | |recoverable together with costs of suit. | | | | B. 1. In addition to other powers and duties prescribed by | |law, a board of county commissioners shall have the power to | |establish and enforce fines and penalties for violation of its | |zoning, subdivision, storm water and floodplain regulations, | |including the issuance of citations by designated county personnel | |for violations of its zoning, subdivision, storm water and | |floodplain regulations. A board of county commissioners may | |additionally establish that any person who fails to correct a | |violation for which a citation has been issued within the period | |permitted for its correction may be assessed a fine or penalty for | |each ensuing day during which such failure or violation continues. | | | | 2. In issuing a citation pursuant to this subsection, the | |county employee shall proceed as follows: | | | | a. the employee shall prepare a written citation to | | appear in court, containing the name and address of | | the cited person and the violation/offense charged, | | and stating when the person shall appear in district | | court. The time to appear specified in the citation | | shall be at least five (5) days after the issuance of | | the citation, | | | | b. one copy of the citation to appear shall be | | delivered to the person cited, and such person shall | | sign a duplicate written citation which shall be | | retained by the county employee, and | | | | c. as soon as practicable, one copy of the citation | | shall be filed with the district court specified | | therein and one copy delivered to the prosecuting | | attorney. | | | | 3. If a person fails to appear in district court at the | |designated time, a warrant for arrest shall be issued. | | | | 4. Violations and penalties shall be deemed misdemeanor | |offenses, punishable by a fine of up to Five Hundred Dollars | |($500.00). Jurisdiction is hereby conferred upon the district court | |within the county. | | | | | arsid3696836 ENR. S. B. NO. 431 Page 4 ___________________________________________________________________________
| 5. Fines and penalties collected pursuant to this subsection | |shall be deposited in the appropriate county fund. | | | | 6. Issuance of citations and/or payment of fines or penalties | |shall in no way preclude other remedies or appropriate action or | |proceedings to prevent or remove a violation. | | | | SECTION 4. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 868.11A of Title 19, unless | |there is created a duplication in numbering, reads as follows: | | | | A. A board of county commissioners may provide for enforcement | |of its regulations and establish fines, penalties or other remedies | |for any offense in violation of its regulations, which shall be | |recoverable together with costs of suit. | | | | B. 1. In addition to other powers and duties prescribed by | |law, a board of county commissioners shall have the power to | |establish and enforce fines and penalties for violation of its | |zoning, subdivision, storm water and floodplain regulations, | |including the issuance of citations by designated county personnel | |for violations of its zoning, subdivision, storm water and | |floodplain regulations. A board of county commissioners may | |additionally establish that any person who fails to correct a | |violation for which a citation has been issued within the period | |permitted for its correction may be assessed a fine or penalty for | |each ensuing day during which such failure or violation continues. | | | | 2. In issuing a citation pursuant to this subsection, the | |county employee shall proceed as follows: | | | | a. the employee shall prepare a written citation to | | appear in court, containing the name and address of | | the cited person and the violation/offense charged, | | and stating when the person shall appear in district | | court. The time to appear specified in the citation | | shall be at least five (5) days after the issuance of | | the citation, | | | | b. one copy of the citation to appear shall be | | delivered to the person cited, and such person shall | | sign a duplicate written citation which shall be | | retained by the county employee, and | | | | c. as soon as practicable, one copy of the citation | | shall be filed with the district court specified | | therein and one copy delivered to the prosecuting | | attorney. | arsid3696836 ENR. S. B. NO. 431 Page 5 ___________________________________________________________________________
| | | 3. If a person fails to appear in district court at the | |designated time, a warrant for arrest shall be issued. | | | | 4. Violations and penalties shall be deemed misdemeanor | |offenses, punishable by a fine of up to Five Hundred Dollars | |($500.00). Jurisdiction is hereby conferred upon the district court | |within the county. | | | | 5. Fines and penalties collected pursuant to this subsection | |shall be deposited in the appropriate county fund. | | | | 6. Issuance of citations and/or payment of fines or penalties | |shall in no way preclude other remedies or appropriate action or | |proceedings to prevent or remove a violation. | | SECTION 5. REPEALER 19 O.S. 2001, Section 865.67, is | |hereby repealed. | | | | Passed the Senate the 14th day of May, 2009. | | | | | | | | Presiding Officer of the Senate | | | | | | Passed the House of Representatives the 18th day of May, 2009. | | | | | | | | Presiding Officer of the House | | of Representatives | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | arsid3696836 ENR. S. B. NO. 431 Page 6©2008-09 eCapitol, LLC. All rights reserved.
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