The text
Sec. 22-1. - Establishment.#
Pursuant to G.L., 1956 as amended, (1980 Reenactment) Title 45, Ch. 2, § 56 there is established a municipal court for the Town of Hopkinton. The court shall commence on the 1 st day of January, 2008.
(Ch. 203, § 1, 10-15-07)
Sec. 22-2. - Assignment, term, qualifications of judge of the municipal court.#
(a)
The court shall be comprised of one (1) judge, appointed by the town council. The judge shall serve until a duly appointed successor has taken office.
(b)
The judge's term of appointment shall be for two (2) years.
(c)
The judge shall be a lawyer admitted to practice before the Rhode Island Supreme Court, in good standing, with at least five (5) years experience in the active full time practice of law.
(d)
The judge shall not hold any other town office or town position during his/her term, whether the same is elected or appointed.
(e)
In the event of a temporary disability, absence or disqualification of the judge so that he or she is unable to perform his or her duties, the town council may appoint or assign an acting judge to serve during such temporary disability, absence or disqualification and until such disability, absence or disqualification shall cease. An acting judge must meet the same qualifications as otherwise in this section for the appointment of the municipal court judge.
(Ch. 203, § 1, 10-15-07)
Sec. 22-3. - Witnesses; attendance; subpoenas.#
The court shall have the power to issue subpoenas for witnesses and compel their attendance; to punish for contempt by fine or imprisonment; to issue writs of habeas corpus ad testificandum; and upon continuance of any complaint or proceeding before it to take recognizance to the state, with surety or sureties 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.
(Ch. 203, § 1, 10-15-07)
Sec. 22-4. - Municipal court clerk.#
(a)
The town manager shall assign the municipal court clerk to serve for an indefinite term beginning on the 1st day of January 2008.
(b)
The municipal court clerk 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 allowed by law to be charged by clerks of the District Court of the State of Rhode Island. The clerk's office shall be open to the public during such hours as the court shall determine from time to time.
(c)
In the event of a temporary disability, absence or disqualification of the municipal court clerk so that he or she is unable to perform his or her duties, the town manager may appoint or assign an acting municipal court clerk to serve during such temporary disability, absence or disqualification and until such disability, absence or disqualification shall cease.
(Ch. 203, § 1, 10-15-07)
Sec. 22-5. - Seal; administering of oaths.#
(a)
The municipal court may have a seal which shall contain such words and symbols as the town council shall adopt and approve.
(b)
The municipal court judge and the municipal court clerk shall have the power to administer oaths and affirmations.
(Ch. 203, § 1, 10-15-07)
Sec. 22-6. - Sessions of municipal court.#
The municipal court shall be considered to be in session at all times and in such place or places in the Town of Hopkinton as said court or justice holding said sessions shall so appoint and determine, subject, however, to the provisions that the court shall be in session on the first Friday of the month in the Town Hall Building, and shall be held on such days, times and places to be determined by the municipal court judge.
(Ch. 203, § 1, 10-15-07)
Sec. 22-7. - Rules of procedure.#
In all cases involving motor vehicle violations, the court shall operate under the Rules of Procedure of the Rhode Island Traffic Tribunal, as amended. In all other cases, the court shall operate, as applicable, under the Rhode Island District Court Rules of Civil Procedure or the Rhode Island District Court Rules of Criminal Procedure, as amended; provided however, that a case may be charged by complaint, or by summons or citation issued by an authorized officer or official of the town.
(Ch. 203, § 1, 10-15-07)
Sec. 22-8. - Jurisdiction.#
(a)
The municipal court shall have original jurisdiction to hear and determine cases involving violations of any ordinance of the Town of Hopkinton, traffic and parking violations, minimum housing ordinances of the Town of Hopkinton, and any violations of G.L. Title 45, Ch. 24.3 entitled, the "Rhode Island Housing Maintenance and Occupation Code," and any other jurisdiction conferred upon the court by state law.
(b)
Any defendant found guilty of any offense, excluding violations of minimum housing ordinances or G.L. Title 45, Ch. 24.3 within the jurisdiction of the court, may within seven (7) days of such conviction, file an appeal from said conviction to the Washington County Superior Court in the same manner provided for an appeal from the district court to the superior court, and shall be entitled in the superior 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 said G.L. Title 45, Ch. 24.3 may, within seven (7) days of such conviction, file an appeal from said conviction to the Fourth Division District Court and be entitled to a trial de novo in accordance with G.L. §§ 8-8-3(a)(4) and 8-8-3.2.
(c)
With respect to violations of municipal ordinances dealing with aquifer protection, zoning, gravel banks or minimum housing and violations of G.L. § 45-24.3 et seq. dealing with housing maintenance and occupancy, 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.
(Ch. 203, § 1, 10-15-07)
Sec. 22-9. - Power to impose fine and imprisonment.#
(a)
In addition to the authority to impose fines otherwise permitted by state law or the ordinances of the Town of Hopkinton, the Municipal Court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500.00), or both, and shall be empowered to punish persons for contempt.
(b)
The municipal court shall also have the power to authorize and execute search warrants to the extent that the same could be authorized and executed by a justice of the district court.
(Ch. 203, § 1, 10-15-07)
Sec. 22-10. - Complaints, warrants and 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 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 authorized to serve process in civil or criminal cases.
(Ch. 203, § 1, 10-15-07)
Sec. 22-11. - Costs.#
(a)
In all cases involving offenses over which the municipal court has jurisdiction pursuant to G.L. § 8-18-3, court costs shall be assessed as set forth in G.L. § 8-18-4. In all other cases, costs shall be twenty-five dollars ($25.00) for each offense charged. The payment of such costs shall be a part of the sentence.
(b)
The municipal court shall be authorized to tax costs in the same manner as those taxed by the District Courts of the State of Rhode Island. The payment of said costs shall be a part of the sentence to the extent that the same would be in the district courts.
(c)
All payments of costs shall be deposited in the general fund of the Town of Hopkinton.
(d)
The expenses incurred by the Town of Hopkinton in securing a policeman's presence, upon the request of the defendant, including any wages required to be paid, shall be charged to the defendant in the event he or she should fail to appear.
(Ch. 203, § 1, 10-15-07)
Sec. 22-12. - Compensation of judge.#
The compensation of the municipal court judge shall be set by the town council from time to time and is within its sole discretion; provided, however, that compensation set by the town council at the commencement of a term of appointment shall not be reduced during that term of appointment.
(Ch. 203, § 1, 10-15-07)
Sec. 22-13. - Disposition of complaints without finding.#
Subject to any other provisions of law relative to the disposition of complaints without findings for particular crimes, any judge of the municipal court may dispose of a complaint without findings in a criminal case other than a complaint against a person who has been convicted of a felony or a private complaint. The court may, in its discretion, require as a condition of such disposition the performance of services for the public good or may attach such other conditions thereto as such court shall determine. If no action is taken on such complaint for a period not to exceed one (1) year following such disposition, such complaint shall be automatically quashed and destroyed.
(Ch. 203, § 1, 10-15-07)
Sec. 22-14. - Failure to appear.#
Failure to appear in answer to a summons, subpoena or complaint shall constitute a separate violation of this chapter and shall be punishable as contempt in accordance with section 22-3 and section 22-9 of this chapter.
(Ch. 203, § 1, 10-15-07)