§ 1-8. General and special penalties for violations of Code and ordinances; continuing violation.

(a)

Whenever in this Code or in any other code or ordinance enacted by the City of Broken Arrow, an act is prohibited, made or declared to be unlawful or an offense, or whenever in such code or ordinances the doing of any act is required or the failure to do any act is declared to be unlawful, and to be a class A offense, the violations of any such provision shall be punishable by a fine of not less than $100.00 or more than $750.00 or by imprisonment of not less than five days nor more than 60 days, or by both such fines and imprisonment.

(b)

Whenever the Broken Arrow Zoning Code, the Broken Arrow Land Subdivision Code, the Broken Arrow Food Establishment Code, or in any of the codes adopted by reference which relate to building, construction or similar standards, any act is prohibited, made or declared to be unlawful or an offense, or whenever in such code or ordinances the doing of any act is required or the failure to do any act is declared to be unlawful, or wherever any such act is declared to be a class B offense, the violation of any such provision shall be punishable by a fine of not less than $75.00 nor more than $750.00. However, this provision shall not apply to codes or ordinances dealing with the discharge of wastewater or stormwater.

(c)

Whenever in this Code or in any ordinance of the city, an act is prohibited or made or declared to be unlawful or an offense, or whenever in such code or ordinances the doing of any act is required or the failure to do any act is declared to be unlawful, but no category or class is designated for the offense or the offense is defined to be a class C offense, the violation of any such provision shall be punishable by a fine of not more than $500.00.

(d)

Whenever in this Code or in any other ordinance enacted by the City of Broken Arrow, an act is prohibited involving the pretreatment of wastewater or regulating stormwater discharges, or declared to be unlawful or an offense, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and such act or omission is further declared to be a class D offense, the violation of any such provision shall be punishable by a fine of not less than $200.00, nor more than $1,000.00 or by imprisonment of not less than five nor more than 90 days, or by both such fine and imprisonment.

(e)

Whenever in this Code or in any other ordinance enacted by the City of Broken Arrow, an act is prohibited as traffic-related offense based solely on either speed or parking, the violation for such a provision shall be punishable by a fine not to exceed $200.00.

(f)

Provided that the violation of any provision described in subsection (b), (c), or (e) after a former conviction for violation of the same provision, shall be punishable as if the offense was a class A offense.

(g)

In the event a violation of any code or ordinance continues over more than one (1) day, each day shall constitute a separate offense and shall be punishable as such.

(h)

The judge of the municipal court has discretion, when imposing a judgment and sentence, to modify, reduce, suspend or defer the imposition of such sentence or any part hereof and to authorize probation for a period not to exceed six months from the date of sentence, under such terms and conditions as the judge may specify.

(i)

Provided that in no event may the penalty, including fine or deferral fee in lieu of a fine and costs, be greater than that established by state statute for the same offense.

(Code 1970, § 14-1; Code 1977, § 1-8; Ord. No. 923, § 1, 9-21-1981; Ord. No. 1032, § 1, 11-1-1982; Ord. No. 1155, § 1, 10-3-1983; Ord. No. 1370, § 1, 10-7-1985; Ord. No. 1472, § 2, 10-5-1987; Ord. No. 1952, § 1, 9-18-1995; Ord. No. 2143, § I, 4-20-1998; Ord. No. 2227, § 1, 8-2-1999; Ord. No. 2277, § I, 6-5-2000; Ord. No. 2358, § I, 4-16-2001; Ord. No. 2521, § I, 3-3-2003; Ord. No. 2634, § I, 6-7-2004; Ord. No. 2908, § I, 11-5-2007)

State law reference

Authority to prescribe penalties for ordinance violations, 11 O.S. § 14-111.