The text
Sec. 2-210. - Established.#
Pursuant to RIGL § 45-2-45, there is established a municipal court in the town.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-211. - Appointment, term, qualifications of judge of the municipal court.#
(a)
The court shall be composed of one chief judge and two associate judges all appointed by the town council. Each judge shall serve until his or her successor shall be duly appointed as set forth herein.
(b)
Except for the initial appointment, the term of the appointment for each judge shall be concurrent with the term of the town council. The initial term of appointment shall begin when the town council appoints the first judge and the appointment shall be for a term to run concurrent with the term of the town council making the appointment.
(c)
The judges shall be lawyers admitted to practice before the state supreme court, in good standing, and shall have not less than five years experience in the active practice of law.
(d)
The associate judges shall perform in the service of the chief judge in his or her absence, and shall perform other duties as may from time to time be directed by the chief judge or the town council, and, in the performance of said duties, shall have the same effect as if performed by the chief judge.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99; Ord. No. 2002-31, 1-29-03; Ord. No. 2006-14, 5-31-06)
Sec. 2-212. - Witnesses; attendance; subpoenas; failure to appear.#
(a)
The court shall have the power to issue writs or summonses for witnesses, and compel their attendance. The court may also issue writs of habeas corpus and testificandum, upon continuance of any complaint or proceeding before it, may take recognizance to the state, with surety or sureties in such sum as said court shall deem proper, with the condition to appear before said court and make further answer to such complaint or proceeding, and in the meantime to keep the peace, and, in want thereof, may commit the same to the state adult correctional institutions until such recognizance be given, or the parties lawfully discharged therefrom.
(b)
Failure to appear in the municipal court, upon receipt of a summons or complaint, shall constitute a separate violation of this article.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-213. - Municipal court clerk; appointment and duties.#
(a)
The town council shall appoint a clerk of said court.
(b)
The term of the appointment for clerk shall be concurrent with the term of office of the town council. The initial term of appointment shall begin when the town council appoints the first clerk and the appointment shall be for a term to run concurrent with the term of the town council making the appointment.
(c)
The clerk of court shall keep a regular docket of all cases disposed of; shall record the judgments, orders, and sentences of said court; and shall furnish certified copies thereof when required, for which copies said clerk shall charge the same fees as are by law allowed to clerks of the superior court. The clerk shall keep the office open to the public during such hours as the court shall determine and shall also serve as magistrate and bail commissioner setting bail for defendant until the court is in session. The clerk of the court shall also be responsible for the administration of the court.
(d)
Nothing contained herein shall prohibit the police department or the town administration from providing the secretarial and administrative assistance necessary for the court to perform its duties and responsibilities.
(e)
Nothing contained herein shall prohibit the town clerk from also becoming the municipal court clerk.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-214. - Seal; oaths.#
(a)
The municipal court shall have a seal which shall contain such words and device as the town council shall adopt and approve.
(b)
The judges and the municipal court clerk shall have the power to administer oaths and affirmations.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-215. - Sessions; time; place; rules of procedure.#
The municipal court shall be considered to be in session at all times, and at such place or places in the town as the said court, or judge holding same, shall appoint.
In all cases involving motor vehicle violations, the court shall operate in a manner consistent with RIGL title 31, chapter 41.1, and with the procedures of the traffic tribunal of the district court. In all other cases, the court shall operate under the state district court rules of civil or criminal procedure, as amended; provided however, that a case may be charged either by complaint, or by summons or citation issued by the authorized officer or official of the town.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-216. - Jurisdiction.#
(a)
The town council hereby confers on the municipal court original jurisdiction to hear and determine causes involving violations of:
(1)
Any ordinance of the town, which includes, but is not limited to, violations of chapter 8, chapter 10, and chapter 16 of this Code;
(2)
Minimum housing ordinances, including any violation of RIGL title 45, chapter 24.3, entitled, "The Rhode Island Housing, Maintenance and Occupancy Code."
(3)
Zoning ordinances, including any violation of RIGL title 45, chapter 24, entitled, "The Rhode Island Zoning Enabling Act."
(4)
Any other jurisdiction conferred by state law, including, but not limited to violations of any general law enumerated in RIGL § 8-18-3(a) pursuant to § 8-18-3(b)(3).
(b)
Provided, however, that (i) any defendant found guilty of any offense, excluding violations of said minimum housing ordinances, or RIGL chapter 45-24.3, may within seven days of such conviction, file an appeal from said conviction to the superior court and be entitled in the latter court to a trial de novo; and (ii) provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance, or of RIGL chapter 45-24.3 within seven days of such conviction, file an appeal from said conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with RIGL §§ 8-8-3(a)(4) and 8-8-3.2.
(c)
With respect to violations of municipal ordinances dealing with minimum housing, or RIGL chapter 45-24.3 and violations of zoning ordinances or RIGL chapter 45-24, the town council hereby confers upon said municipal court, in furtherance of the aforementioned jurisdiction, the power to proceed according to equity:
(1)
To restrain, prevent, enjoin, abate, or correct a violation;
(2)
To order the repair, vacation, or demolition of any dwelling existing in violation; or
(3)
To otherwise compel compliance with all provisions of said ordinances and statutes.
(d)
Any defendant found guilty of an offense over which the municipal court has jurisdiction pursuant to RIGL § 8-18-3 may file an appeal as set forth in RIGL §§ 8-18-9 and 31-43-4.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-217. - Fines; penalties.#
Said municipal court may impose a fine not in excess of $500.00 for each offense, and shall be empowered to punish persons for contempt by fine. Provided, however, where jurisdiction is conferred upon the municipal court pursuant to RIGL § 8-18-3(b)(3), all penalties assessed shall be consistent with the violation schedule contained in section 11-2 of this Code, and RIGL tit. 31, ch. 41.1.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99; Ord. No. 2017-13, 10-4-17)
Sec. 2-218. - Complaints; warrants; writs.#
It shall be lawful for the judge of said court to prescribe and vary the form of all complaints, warrants, writs, or other process as to make the same consistent with the organization, style, and jurisdiction of said court; and such complaints, warrants, writs, and other process shall have the same effect, validity, and extent, and be served, obeyed, enforced, and returned, in the same manner and by the same officers, as if issued from the district courts; and they may be served by any constables of the town who are authorized to serve process in civil or criminal cases.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-219. - Costs.#
(a)
The municipal court in all cases involving offenses over which jurisdiction is pursuant to RIGL § 8-18-3, court costs shall be assessed as set forth in RIGL § 8-18-4. In all other cases, costs shall be imposed in the amount equivalent to that amount set forth in RIGL § 8-18-4(g) for each offense charged and the payment of said costs shall be a part of the sentence.
(b)
All payments shall be deposited in the general treasury of the town.
(c)
The costs incurred by the town in securing a policeman's presence, upon request of the defendant shall be charged to the defendant in the event he/she should fail to appear.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99; Ord. No. 2015-11, 7-29-15)
Sec. 2-220. - Compensation of municipal court judges and municipal court clerk.#
The compensation of both the judges and clerk of the municipal court shall be set by the town council by resolution.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-221. - Acting judges/acting clerk.#
(a)
In cases of sickness, absence, or other disability or ineligibility of a municipal court judge or clerk which shall be less than 14 days, the chief judge may appoint an acting judge, and said clerk may appoint an acting clerk at such salary as the town council may determine, for the term of such sickness, absence, disability, or ineligibility or said judge or clerk. An acting judge or acting clerk shall perform all duties of the municipal court judge or municipal court clerk, respectively.
(b)
In case of a prolonged sickness, absence, or other disability or ineligibility of a municipal court judge or the municipal court clerk that shall be in excess of 14 days, the town council may, by resolution, appoint an acting municipal court judge or an acting municipal court clerk, respectively, for the term of such sickness, absence, disability, or ineligibility of the municipal court judge or municipal court clerk, respectively or at such salary as the town council may determine. An acting municipal court judge or acting municipal court clerk shall perform all duties of the municipal court judge or municipal court clerk, respectively, and, in the performance of said duties, shall have the same effect as if performed by the municipal court judge or municipal court clerk respectively.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-222. - Invalidity.#
Should any part or parts of this article, or their application to any particular circumstance, be held invalid, the remaining provisions, and their application, shall not be affected thereby.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-223. - Effective date.#
This article shall take effect upon its passage and all other ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-224. - Municipal court bailiff.#
(a)
The town council shall appoint a bailiff of said court.
(b)
The term of appointment for bailiff shall be concurrent with the term of office of the town council. The initial term of appointment shall begin when the town council appoints the first bailiff and the appointment shall be for a term to run concurrent with the term of the town council making the appointment.
(c)
The bailiff of the court shall maintain order in the court room, assist the clerk in the administration of the court's docket and with the disposition of cases.
(d)
Nothing contained herein shall prohibit the police department or the town administration from providing the assistance necessary to keep order in the court.
(e)
Nothing contained herein shall prohibit the town bailiff from also serving as the town sergeant.
(Ord. No. 1999-18, 8-25-99)