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Footnotes:
--- (1) --- Cross reference— Administration, ch. 2; offenses and miscellaneous provisions, ch. 16; police, ch. 18; traffic and vehicles, ch. 26.
Sec. 11-1. - Creation of municipal court.#
Pursuant to the authority granted to the town council by the provisions of G.L. 1956, § 45-2-49, the council hereby establishes a municipal court to be known as municipal court of the town.
(Ord. of 6-30-1999, § 15-1)
Sec. 11-2. - Jurisdiction.#
The municipal court shall have the following jurisdiction notwithstanding any other provisions of the general laws to hear and determine: (1)
Causes involving violation of offenses enumerated in the municipal court compact;
(2)
Causes involving violation of any ordinance of the town, including minimum housing;
(3)
Any violation of the provisions of G.L. 1956, § 45-24.3-1 et seq., the housing maintenance and occupancy code.
(Ord. of 6-30-1999, § 15-2)
Sec. 11-3. - Equity jurisdiction.#
With respect to violations of either municipal ordinances dealing with minimum housing or G.L. 1956, § 45-24.3-1 et seq., dealing with housing maintenance and occupancy the court in furtherance of its jurisdiction shall have the power to proceed according to equity to: (1)
Restrain, prevent, enjoin, abate or correct a violation;
(2)
Order the repair, vacation, or demolition of any dwelling existing in violation;
(3)
Otherwise compel compliance with all the provisions of the ordinances and statutes stated in this section.
(Ord. of 6-30-1999, § 15-3)
Sec. 11-4. - Seal, oaths.#
The municipal court shall have the power to administer oaths, compel the attendance of witnesses, and to punish persons for contempt. The municipal court shall have a seal which shall be approved by the town council.
(Ord. of 6-30-1999, § 15-4)
Sec. 11-5. - Penalties.#
(a)
The court in addition to its equity power shall have the right to impose a fine not in excess of $500.00, and any fees or direct expenses that are unpaid.
(b)
Each day's failure to comply with any provision of the minimum housing ordinance shall be considered a separate offense.
(Ord. of 6-30-1999, § 15-5; Ord. of 04-26-2024 (1))
Sec. 11-6. - Appeals.#
(a)
Any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or G.L. 1956, § 45-24.3-1 et seq., the maintenance and occupancy code, may within seven days of conviction file an appeal from the conviction to the superior court and be entitled in the superior court to a trial de novo.
(b)
Any defendant found guilty of any violation of a minimum housing ordinance or of G.L.1956, § 45-24.3-1 et seq., may within seven days of conviction file an appeal to the sixth division of the district court and be entitled to a trial de novo in accordance with G.L. 1956, § 8-8-3(a)(4) and G.L. 1956, § 8-8-3.2.
(Ord. of 6-30-1999, § 15-6)
Sec. 11-7. - Appointment, terms, qualifications of judge.#
(a)
The town council shall appoint a judge for the municipal court. The term of the appointment shall be for two years. The initial appointment shall be for a term terminating December 31, 2000. Each subsequent appointment shall terminate on December 31 of the even-numbered years. A judge shall hold office until his successor is appointed and qualified.
(b)
A person appointed as judge of the court shall be a lawyer admitted to practice before the supreme court of the state, in good standing, and shall have not less than five years' experience in the active practice of law.
(Ord. of 6-30-1999, § 15-7)
Sec. 11-8. - Municipal court clerk, appointment, terms, qualifications and duties.#
(a)
The town council shall appoint the clerk of the court, and such other administrators and clerical assistants as the council may deem necessary for the court to carry out its duties.
(b)
The court clerk, administrators and clerical assistants shall serve a term of office concurrent with that of the judge of the court and until their successors are appointed and qualified.
(c)
The court clerk, administrators and clerical assistants shall be qualified electors of the town and shall be under the direct supervision of the town manager or his designee.
(d)
The clerk of the court shall keep a regular docket of all cases disposed of, shall record the judgments, orders, and sentences of such court, and shall furnish certified copies thereof when required, for which the clerk shall charge the same fees as are by law allowed the clerks of the superior court, and shall perform other court-related duties as assigned by the town manager. The clerk's office shall be open to the public during such hours as the town manager shall determine.
(Ord. of 6-30-1999, § 15-8)
Sec. 11-9. - Witness, issuance of writs and subpoenas.#
The municipal court shall have the power to issue warrants, writs or summons for witnesses or parties, and compel their attendance, and to punish for contempt by fine or imprisonment. The municipal court may also issue writs of habeas corpus ad testificandum, upon continuance of any complaint or proceeding before it, may take recognizance to the state, with surety or sureties in such sum as such court shall deem proper, with the condition to appear before such court and make further answer to such complaint or proceeding, in the meantime to keep the peace and in want thereof, may commit such party to the state adult correctional institutions until such recognizance shall be given or the parties lawfully discharge therefrom.
(Ord. of 6-30-1999, § 15-9)
Sec. 11-10. - Financial audits and oversight.#
The town council shall cause to be carried out an annual administrative review and an annual financial audit of the court.
(Ord. of 6-30-1999, § 15-10)
Sec. 11-11. - Sessions, time and place.#
The municipal court shall be considered to be in session at all times, and at such place or places in the town as the municipal court, or judge holding municipal court, shall appoint; subject, however, to the provision that regular court sessions shall be held at such times and places as determined by the town council.
(Ord. of 6-30-1999, § 15-11)
Sec. 11-12. - Court costs.#
Costs assessed by the municipal court shall be $50.00 for misdemeanors and ordinance violations (excluding parking), and costs for traffic violations (including parking) shall be $30.00. The payment of such costs shall be part of the sentence to the extent they would be in the district courts or the administrative adjudication court or its successor.
(Ord. of 6-30-1999, § 15-12)
Sec. 11-13. - Operating budget.#
An operating budget shall be established by the town council prior to June 30 of each fiscal year for the next fiscal year beginning July 1 through June 30.
(Ord. of 6-30-1999, § 15-13)
Sec. 11-14. - Charter provisions.#
The provisions of the Charter of the town shall apply to the municipal court to the extent that such provisions are not inconsistent with the laws of the state.
(Ord. of 6-30-1999, § 15-14)
Sec. 11-15. - Compensation of judge, court clerk, administrators and clerical assistants.#
Compensation and benefits (if any) of the judge of the municipal court, the prosecutor, the municipal court clerk, the court administrators and clerical assistants shall be established by the town council.
(Ord. of 6-30-1999, § 15-15)
Sec. 11-16. - Acting judge, acting clerk.#
In case of sickness, absence, or other disability or ineligibility of the municipal court judge or the municipal court clerk, 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 at the same compensation as the municipal court judge and municipal court clerk then receives. An acting municipal court judge or municipal court clerk shall perform all duties as municipal court judge or municipal court clerk, respectively, and, in the performance of such duties, shall have the same effect as if performed by the municipal court judge, or the municipal court clerk, respectively. On an emergency basis the town manager may appoint an acting clerk.
(Ord. of 6-30-1999, § 15-16)
Sec. 11-17. - Autonomy.#
The affairs of the municipal court shall not be subject to supervision by the town council or any other town agencies or officials, except as otherwise provided in this chapter.
(Ord. of 6-30-1999, § 15-17)