STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2562	By:	Wesselhoft

AS INTRODUCED

An Act relating to disabled parking; amending 11 O.S. 2011, Section 14-111, which relates to penalties for  municipal ordinance violations; directing municipal courts to remit certain percentage of fine to the Department of Public Safety; establishing maximum fine amount for disabled parking offenses; amending 47 O.S. 2011, Section 15-111, which relates to parking privileges for physically disabled persons; directing municipalities and political subdivisions to enact certain ordinances or rules; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2011, Section 14-111, is amended to read as follows:
Section 14-111.  A.  The governing body of a municipality may provide for enforcement of its ordinances and establish fines, penalties, or imprisonment, as authorized by subsections B through D of this section, for any offense in violation of its ordinances, which shall be recoverable together with costs of suit.  The governing body may provide that 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 Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.
B.  1.  Except for municipal ordinances related to prostitution and as otherwise provided in this section, cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Two Hundred Dollars ($1,200.00) and costs or imprisonment not exceeding six (6) months or both the fine and imprisonment, but shall not have authority to enact any ordinance making unlawful an act or omission declared by state statute to be punishable as a felony.  Cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding six (6) months or both such fine and imprisonment for violations of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges.  Cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Two Hundred Fifty Dollars ($1,250.00) and costs or imprisonment not exceeding six (6) months or both such fine and imprisonment for alcohol-related or drug-related traffic offenses.  The court shall remit Fifty Dollars ($50.00) of each alcohol fine or deferral fee to a fund of the municipality that 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.  The court shall remit twenty percent (20%) of each physically disabled parking fine or deferral fee to the Department of Public Safety in accordance with the provisions set forth in paragraph 1 of subsection B of Section 11-1007 of Title 47 of the Oklahoma Statutes. 
2.  For violations of municipal ordinances relating to prostitution, including but not limited to engaging in prostitution or soliciting or procuring prostitution, a municipal criminal court of record may enact ordinances prescribing an imprisonment not to exceed six (6) months, and fines as follows:  a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any such ordinances, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such ordinances, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such ordinances, or both such fine and imprisonment as well as a term of community service of not less than forty (40) nor more than eighty (80) hours.
C.  Municipalities having a municipal court not of record may enact ordinances prescribing maximum fines pursuant to the provisions of this subsection.  A municipal ordinance may not impose a penalty, including fine or deferral fee in lieu of a fine and costs, which is greater than that established by statute for the same offense.  The maximum fine or deferral fee in lieu of a fine for traffic-related offenses relating to speeding or parking, other than physically disabled parking offenses, shall not exceed Two Hundred Dollars ($200.00).  The maximum fine or deferral fee in lieu of a fine for a physically disabled parking offense as provided in Section 11-1007 or 15-113 of Title 47 of the Oklahoma Statutes shall not exceed Five Hundred Dollars ($500.00).  The court shall remit twenty percent (20%) of each physically disabled parking fine or deferral fee to the Department of Public Safety in accordance with the provisions set forth in paragraph 1 of subsection B of Section 11-1007 of Title 47 of the Oklahoma Statutes.  
The maximum fine or deferral fee in lieu of a fine for alcohol-related or drug-related offenses shall not exceed Eight Hundred Dollars ($800.00).  For all other offenses, the maximum fine or deferral fee in lieu of a fine shall not exceed Seven Hundred Fifty Dollars ($750.00).  The court shall remit Fifty Dollars ($50.00) of each alcohol fine or deferral fee to a fund of the municipality that 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.  The ordinances may prescribe costs pursuant to the provisions of Section 27-126 of this title or imprisonment not exceeding sixty (60) days or both the fine and imprisonment; provided, that municipalities having only a municipal court not of record shall not have authority to enact any ordinance making unlawful any act or omission declared by state statute to be punishable as a felony; provided further, that municipalities having a municipal court not of record may enact ordinances prescribing maximum fines of One Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding ninety (90) days or both such fine and imprisonment for violations of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges.  If imprisonment is available for the offense, then that person charged shall have a right to a jury trial.
D.  Municipalities having both municipal criminal courts of record and municipal courts not of record may enact ordinances, within the authority of this section, for each court.
E.  No municipality may levy a fine or deferral fee in lieu of a fine of over Fifty Dollars ($50.00) until it has compiled and published its penal ordinances as required in Sections 14-109 and 14-110 of this title.
F.  No municipality may levy a fine of more than Ten Dollars ($10.00) nor court costs of more than Fifteen Dollars ($15.00) for exceeding the posted speed limit by no more than ten (10) 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 Section 2-117 of Title 47 of the Oklahoma Statutes.
SECTION 2.     AMENDATORY     47 O.S. 2011, Section 15-111, is amended to read as follows:
Section 15-111.  A.  Municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles shall extend special parking privileges to a physically disabled person who displays on a motor vehicle operated by or under the direction and for the use of the physically disabled person:
1.  A placard indicating physical disability, issued pursuant to the provisions of Section 15-112 of this title;
2.  A physically disabled license plate, issued pursuant to the provisions of Section 1135.1 of this title;
3.  A disabled veterans license plate with the international accessibility symbol, issued pursuant to the provisions of Section 1135.2 of this title;
4.  A disability sticker issued by the Department of Veterans Affairs and federal military bases; or
5.  A physically disabled placard or license plate issued by another state.
B.  No such special parking privilege, however, shall excuse the violation of any state statute, nor shall any such privilege be applicable where the standing or parking would create a dangerous situation or impede the normal flow of traffic.
C.  Municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles shall follow the current version of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) when designing or redesigning disabled parking spaces.
D.  Municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles shall enact ordinances or rules implementing the provisions of Sections 11-1007 and 15-113 of this title, which shall take effect no later than January 1, 2013.
SECTION 3.  This act shall become effective November 1, 2012.

53-2-7962	GRS	12/28/11