ARTICLE VI. - MUNICIPAL COURT
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (19) --- State Law reference— Municipal court authorized for the City of East Providence, G.L. 1956, § 45-2-38.
Sec. 2-271. - Establishment of municipal court; jurisdiction.#
(a)
The city council hereby establishes a municipal court and confers upon such court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving violations of any ordinance, including minimum housing ordinances of the city and any violation of the provisions of G.L. 1956, § 45-24.3 et seq., entitled, "The Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinance or of G.L. 1956, § 45-24.3 et seq., may, within seven days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided, further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of G.L. 1956, § 45-24.3 et seq., may within seven days of conviction, file an appeal from the conviction 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.
(b)
With respect to violations of either municipal ordinances dealing with minimum housing or G.L. 1956, § 45-24.3 et seq., dealing with housing maintenance and occupancy, the city council also 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;
(2)
To order the repair, vacation, or demolition of any dwelling, existing in violation; or
(3)
To otherwise compel compliance with all of the provisions of those ordinances and statutes.
(Rev. Ords. 1987, § 2-252)
Sec. 2-272. - Appointment, term, qualifications of judge.#
(a)
The municipal court shall be composed of one judge and appointment thereof shall function in accordance with the appointment provided in section 14-2 of the Charter.
(b)
The term of the appointment for the judge shall begin in accordance with the corresponding provisions provided in section 14-2 of the Charter.
(c)
The judge shall be a qualified elector of the city and 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.
(Rev. Ords. 1987, § 2-253; Ch. 877, § II, 6-6-23)
Sec. 2-273. - Witnesses, issuance of writs and subpoenas, warrants.#
The municipal court shall have the power to issue writs or summons for witnesses, and compel their attendance, and to punish for contempt by fine or imprisonment. The municipal court may also execute search warrants to the extent the warrants could be executed by a judge of the district court for the state. 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 discharged therefrom.
(Rev. Ords. 1987, § 2-254)
Sec. 2-274. - Municipal court clerk; appointment, terms, qualifications and duties.#
The city council shall appoint a clerk of the municipal court and such other court administrators and clerical assistants as the council may deem necessary for the municipal court to carry out its duties. (1)
The term of the appointment of the clerk, administrators, and clerical assistants shall begin when the city council appoints the first clerk and shall run concurrent with the term of office of the appointing council. The city council shall appoint a municipal court clerk, administrators and clerical assistants to serve for a term of office concurrent with that of the council and until their successors are appointed and qualified.
(2)
The municipal court clerk, administrators and clerical assistants shall be qualified electors of the city.
(3)
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 copies the clerk shall charge the same fees as are by law allowed the clerks of the superior court. The clerk's office shall be open to the public during such hours as the city council shall determine.
(Rev. Ords. 1987, § 2-255)
Sec. 2-275. - Seal; oaths.#
The municipal court shall have a seal which shall contain such words and devices as the city council shall adopt and approve. The judge and the municipal court clerk shall have the power to administer oaths and affirmations.
(Rev. Ords. 1987, § 2-256)
Sec. 2-276. - Sessions; time; place.#
The municipal court shall be considered to be in session at all times, and at such place or places in the city as the municipal court, or judge holding municipal court, shall appoint; subject, however, to the provision that a regular court session shall be held at such time and place as determined by the city council.
(Rev. Ords. 1987, § 2-257)
Sec. 2-277. - Fines; penalties; imprisonment.#
(a)
The municipal court may impose a sentence not to exceed 30 days in jail and impose a fine not in excess of $500.00 or both, and shall be empowered to punish persons for contempt.
(b)
Any individual, partnership, corporation or business which is found by the municipal court to be in violation of any city ordinance more than once in any 12-month period shall be assessed a penalty of not less than two times the amount of the fine assessed in the prior violation and court costs. Said fine may not exceed the maximum amount otherwise allowed for the violation.
(c)
The municipal court may also impose sentences as otherwise provided for by ordinances of the city and the laws of the state.
(Rev. Ords. 1987, § 2-258; Ch. 154, § I, 3-6-01; Ch. 225, § I, 9-17-02)
Charter reference— Penalty for violation of ordinances, § 13-19.
State Law reference— Penalties for ordinance violations, G.L. 1956, § 45-6-2.
Sec. 2-278. - Court costs.#
(a)
Court costs are hereby fixed at $75.00. The payment of such costs shall be a part of the sentence.
(b)
All payments shall be deposited in the general treasury of the city.
(Rev. Ords. 1987, § 2-259; Ch. 262, § I, 8-19-03)
Sec. 2-279. - Charter provisions.#
The provisions of the Charter of the city shall apply to the municipal court to the extent that such provisions are not inconsistent with the laws of the state.
(Rev. Ords. 1987, § 2-260)
Sec. 2-280. - Compensation of municipal court judge; municipal court clerk; administrators and clerical assistants.#
Compensation of the judge of the municipal court, the municipal court clerk, the court administrators and clerical assistants shall be established by the city council.
(Rev. Ords. 1987, § 2-261)
Sec. 2-281. - Acting judge/acting clerk.#
In case of sickness, absence, or other disability or ineligibility of the municipal court judge, the mayor subject to city council approval, may appoint an acting municipal court judge for the term of such sickness, absence, disability or ineligibility of the municipal court judge at the same compensation as the municipal court judge and municipal court clerk then receives. An acting municipal court judge or acting municipal court clerk shall perform all duties as municipal court judge and, in the performance of such duties, shall have the same effect as if performed by the municipal court judge.
(Rev. Ords. 1987, § 2-262; Ch. 877, § II, 6-6-23)
Sec. 2-282. - Rainy day reserve fund.#
(a)
There is hereby created within the general fund a reserve fund account. This account may be funded by majority vote of the city council at such times and from such revenues as the city council may deem appropriate.
(b)
Funds in the reserve fund account may be appropriated only in the event of an emergency involving the health, safety or welfare of the citizens of the city or, in the event of an unanticipated deficit in any given fiscal year, such appropriations must be approved by four members of the city council.
(Ch. 177, § I, 9-17-01)
Sec. 2-283. - Building code, zoning code, minimum housing code judgements.#
(a)
There is hereby created a reserve fund account whereby all revenues generated by municipal court judgments resulting from building code violations, zoning code violations, and/or minimum housing code violations shall be deposited. Such funds shall only be used in the manner prescribed as follows:
(1)
Low-income homeowner loans. The director of finance shall create a loan program for the benefit of persons appearing before municipal court related to building code violations, zoning code violations, and/or minimum housing code violations. Such program will require the following:
a.
The applicant must be before the municipal court for building code violations, zoning code violations, and/or minimum housing code violations; and
b.
The applicant must be an individual person, and not a corporation of any form; and
c.
The property to benefit must be owned by an individual person, and not a corporation of any form; and
d.
The property to benefit must be the primary residence of the owner; and
e.
The property owner must qualify for the loan by way of a means test whereby applicants shall only qualify if they fall below income thresholds to be annually established by the director of finance; and
f.
The loan shall be a low interest loan; and
g.
The loan shall be secured by a lien against the property; and
h.
The loan may only be used to cure any and all building code violations, zoning code violations, and/or minimum housing code violations; and
i.
The loan must effectively cure all building code violations, zoning code violations, and minimum housing code violations at the property.
(2)
Capital improvements budget. The city council may, annually at the time of budget, take funds from this reserve fund and transfer them to the capital budget.
(Ch. 805, § I, 6-15-21)