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--- (1) --- State Law reference— Municipal Court for City of Central Falls authorized, G.L. 1956, § 45-2-27.
DIVISION 1. - GENERALLY#
Sec. 14-19. - Established.#
Pursuant to G.L. 1956, § 45-2-27, there is established a municipal court in the city.
(Code 1994, § 14-1; Ord. of 8-3-1988, art. I, § 1; Ord. of 5-13-1991(3); Ord. of 4-12-2021(2), § 1)
Sec. 14-20. - Jurisdiction.#
(a)
The city council hereby confers on the municipal court original jurisdiction, notwithstanding any other provisions of the General Laws, to hear and determine causes involving violations of:
(1)
Any ordinance or the Revised Ordinances of the city;
(2)
Minimum housing ordinances of the city and any violation of the provisions of G.L. 1956, ch. 45-24.3 (G.L. 1956, § 45-24.3-1 et seq.);
(3)
Any other jurisdiction conferred by state law.
Provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or of said G.L. 1956, ch. 45-24.3 may, within 20 days of such conviction, file an appeal from such conviction to the superior court and be entitled in the latter court to a trial de novo; and, provided further, that any defendant found guilty of any violation of a minimum housing ordinance or of said G.L. 1956, ch. 45-24.3 may, within 20 days of such finding, file an appeal from such finding to the sixth division district court and be entitled to a trial de novo in accordance with G.L. 1956, §§ 8-8-3(a)(4) and 8-8-3.2.
(b)
With respect to violations of municipal ordinances dealing with rubbish collection, housing or G.L. 1956, ch. 45-24.3 (G.L. 1956, § 45-24.3-1 et seq.), state housing maintenance and occupancy code, the city council hereby confers upon the municipal court, in furtherance of the aforesaid jurisdiction, the power to proceed according to equity:
(1)
To restrain, prevent, enjoin, abate or correct a violation or nuisance, including, but not limited to, the following powers:
a.
Enforce section 12-4 of the City of Central Falls Revised Ordinances;
b.
Order that violators perform community service;
c.
Order that violators complete landlord training classes;
d.
Order that violators partake in approved methods of tenant screening; and to
e.
Make any order that the court deems necessary to correct or abate a violation or nuisance, pursuant to the court's equitable powers.
(2)
To order the repair, vacation or demolition of any dwelling existing in violation;
(3)
To otherwise compel compliance with all the provisions of such ordinances and statutes; or
(4)
To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property which shall be binding upon all those claiming by, under, or by virtue of any inferior liens or encumbrances pursuant to G.L. 1956, § 34-44-1 et seq.;
a.
When presiding over receivership matters pending before the court, the court shall, before approving any sale of any property where the purchase price, abatement timeline, and abatement plan are all similar, give preference to any bid submitted by a resident of the city, who has established documented legal residency in the city for at least one year prior to making an offer, unless otherwise provided by law.
b.
Any individual who is appointed as receiver by the municipal housing court for any property within the city shall, in presenting bids to abate and acquire a property to the court for approval, where the purchase price, abatement timeline, and abatement plan are all similar, provide the court with a recommendation as to the consideration of any bids put forward by residents of the city, who have established documented legal residency in the city for at least one year prior to making an offer, unless otherwise provided by law.
c.
Paragraphs (a) and (b) shall not be construed to limit the court's or the receiver's powers to market the property and to accept competing offers from prospective purchasers or other interested parties who are not city residents.
d.
When presiding over receivership matters pending before the court, the court shall post all active receivership petitions on the city's website as well as any motion to sell a property and any motion for the payment of fees. Any petition or motion not properly posted on the city's website at least two business days before court shall not be heard.
(5)
To impose fines not in excess of $500.00 per each instance of violation, which shall escalate in total for repeat offenders and shall vary in amount subject to the violation; and
(6)
To punish persons for contempt.
(c)
Nothing in this section shall be construed to limit the municipal court's equitable powers.
(d)
The municipal court shall adopt rules of procedure necessary to govern attorneys and litigants and amend those rules from time-to-time as it sees fit. Any rules or amendments to rules shall be adopted by court order executed by a judge of the municipal court.
(Code 1994, § 14-10; Ord. of 8-3-1988, art. II, § 6; Ord. of 9-12-1988, art. II, § 5; Ord. of 3-23-2015(1) ; Ord. of 3-14-2016(1); Ord. of 6-25-2018(2), § 1; Ord. of 5-13-2019(1), § 1; Ord. of 4-12-2021(2), § 1; Ord. of 10-26-2022(2), § 1, 10-26-2022)
Sec. 14-21. - Charter provisions.#
The provisions of the Charter shall apply to the municipal court to the extent that such provisions are not inconsistent with this chapter. To the extent that such provisions are inconsistent, the provisions of this chapter shall control.
(Code 1994, § 14-6; Ord. of 8-3-1988, art. III, § 2; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Sec. 14-22. - Funding of the municipal court.#
The mayor is authorized by the city council to appropriate such sums as are necessary for the operation of the municipal court.
(Code 1994, § 14-5; Ord. of 9-12-1988, art. III, § 4; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Sec. 14-23. - Witnesses, attendance; subpoenas.#
The municipal court shall have the power to issue writs or summonses for witnesses, and compel their attendance, and to punish for contempt by fine or imprisonment. The 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 in such sum as the court shall deem proper, with the condition to appear before the 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 shall be given, or the parties lawfully discharged therefrom.
(Code 1994, § 14-7; Ord. of 8-3-1988, art. II, § 1; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Sec. 14-24. - Seals and oaths.#
(a)
The municipal court shall have a seal which shall contain such words and device as the city council shall adopt and approve.
(b)
The judge and the municipal court clerk shall have the power to administer oaths and affirmations.
(Code 1994, § 14-8; Ord. of 8-3-1988, art. II, § 4; Ord. of 9-12-1988, art. II, § 3; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Sec. 14-25. - Sessions, time and place.#
The municipal court shall be considered to be in session at all times, and at such place in the city as the court, or judge holding same, shall appoint, subject, however, to the provision that a regular court session for the traffic offense calendar shall be held one Tuesday per month unless more or less sessions are ordered at the discretion of the Municipal Court Judge and that a regular court session for the housing calendar shall be held one Wednesday per month unless more or less sessions are ordered at the discretion of the Housing Judge.
(Code 1994, § 14-9; Ord. of 8-3-1988, art. II, § 5; Ord. of 9-12-1988, art. II, § 4; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1; Ord. of 2-10-2025(1), § 1)
Sec. 14-26. - Fines, penalties, imprisonment.#
In all matters within the jurisdiction of the municipal court, the court, may impose a fine not in excess of $500.00 per violation or impose voluntary community service not to exceed 50 hours, or any combination thereof.
(Code 1994, § 14-11; Ord. of 8-3-1988, art. II, § 7; Ord. of 9-12-1988, art. II, § 6; Ord. of 11-8-2004(1); Ord. of 3-23-2015(1); Ord. of 9-14-2015(3), § 4; Ord. of 4-12-2021(2), § 1)
Sec. 14-27. - Complaints, warrants, writs.#
It shall be lawful for the judge of the municipal court to prescribe and vary the form of all complaints, warrants, writs or other process so as to make the same consistent with the organization, style and jurisdiction of such 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 court; and they may be served by any constables of the city who are authorized to serve in civil or criminal cases.
(Code 1994, § 14-12; Ord. of 8-3-1988, art. II, § 8; Ord. of 9-12-1988, art. II, § 7; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Sec. 14-28. - Rules of evidence.#
(a)
Exclusions; admissibility; written form. Irrelevant, immaterial or unduly repetitious evidence shall be excluded from court hearings. The rules of evidence as applied in criminal cases before the district court of the state shall be followed, but when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be submitted if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. When a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
(b)
Prima facie evidence of ownership. In all proceedings before the municipal court, evidence that at the time of the incident a motor vehicle was last registered in the name of the defendant shall be prima facie evidence that the defendant was the last owner.
(Code 1994, § 14-13; Ord. of 1-9-1989, art. II, § 9; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Sec. 14-29. - Costs.#
(a)
Costs levied by the municipal court shall be set from time to time by rules of the court.
(b)
All payments of court costs shall be made in the office of the municipal clerk, then to be deposited in the general treasury of the city.
(Code 1994, § 14-14; Ord. of 8-3-1988, art. III, § 1; Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Sec. 14-30. - Purpose of article.#
This article shall be liberally construed to the end that all the people be housed in dwellings that are safe, sanitary and fit for human habitation; and that levels of residential environmental quality be achieved and maintained as will protect and promote the health, safety and general welfare of the people of the City of Central Falls.
(Ord. of 3-23-2015(1); Ord. of 4-12-2021(2), § 1)
Secs. 14-31—14-46. - Reserved.#
DIVISION 2. - JUDGE AND OTHER PERSONNEL#
Sec. 14-47. - Judge.#
(a)
Appointment. The judge of the municipal court, empowered to administer the court and to adjudicate the traffic offense calendar, shall be appointed by the city council at its first regular meeting in January of each odd-numbered year.
(b)
Term. The municipal court judge shall serve for a period of two years, or until his successor shall be duly appointed and qualified, such term to commence at the first regular meeting of the city council in January of each odd-numbered year.
(c)
Qualifications. The judge of the municipal court shall be a practicing attorney with five years of experience and be admitted to practice law in the state by the state supreme court.
(d)
Residence. Preference will be given to city residents in the appointment of the municipal court judge.
(Code 1994, § 14-2; Ord. of 8-3-1988, art. I, § 2; Ord. of 1-6-1993(2), art. I, § 2; Ord. of 4-12-2021(2), § 1; Ord. of 2-10-2025(1), § 1)
Sec. 14-48. - Clerk and associate judge.#
(a)
The municipal court shall have a clerk for its traffic offense calendar as well as its housing calendar.
(b)
The clerk(s) of the court shall keep a regular docket of all cases disposed of; shall record the judgments, orders, and sentences of the court; and shall charge the same fees as are by law allowed to clerks of the superior court. The clerk's office shall be open to the public during the hours established by city ordinance.
(c)
The city council shall authorize the mayor to provide the secretarial and administrative assistance necessary for the court to perform its duties and responsibilities.
(d)
The city council shall appoint the municipal court associate judge, empowered to administer the court and to adjudicate the housing calendar, at the first regular meeting of the city council in January of each odd numbered year. The term of the associate judge shall run concurrently with that of the municipal court judge. The associate judge of the municipal court shall be a practicing attorney with three years of experience and be admitted to practice law in the state by the state supreme court.
(e)
Preference for the position of municipal court clerk(s) and associate judge will be given to city residents.
(Code 1994, § 14-3; Ord. of 8-3-1988, art. II, § 2; Ord. of 9-12-1988, art. II, § 2; Ord. of 5-12-2008(1), § 14-3; Ord. of 4-12-2021(2), § 1; Ord. of 2-10-2025(1), § 1)
Sec. 14-49. - Acting judge.#
(a)
In case of the sickness, absence from the city or other disability or ineligibility of the judge of the municipal court to serve and in the absence of an associate judge it is hereby declared that the probate judge shall perform the duties of said judge during the sickness, absence or other inability or ineligibility of the municipal court judge.
(b)
In the event that the probate judge is not available, the council may appoint any member of the bar of the state with at least five years' legal experience for the time that the probate judge is not available.
(c)
The acts of the acting judge in the performance of said duties shall have the same effect as if performed by the municipal court judge.
(Code 1994, § 14-15; Ord. of 4-27-2001; Ord. of 4-12-2021(2), § 1)
Sec. 14-50. - Judge emeritus.#
(a)
The city council may appoint a judge emeritus of the municipal court who shall be authorized to serve as judge of the municipal court in order to mentor and assist with the transition of a newly appointed municipal court judge, or to serve in the case of the sickness, absence from the city, or other disability or ineligibility of a judge of the municipal court. When serving in such capacity, the judge emeritus of the municipal court shall exercise the same jurisdiction, power, and authority as the judge of the municipal court.
(b)
A judge emeritus of the municipal court shall be vested with the same authority as an active judge of this municipality for the purpose of performing marriage ceremonies.
(c)
The term of the judge emeritus shall run concurrently with that of the municipal court judge, unless and until the council resolves that the judge emeritus is no longer necessary for the proper functioning of the municipal court.
(Ord. of 5-13-2019(1), § 2; Ord. of 4-12-2021(2), § 1)