The text
Footnotes:
--- (1) --- Charter reference— Probate court, § 13-1-1 et seq.
Cross reference— Administration, ch. 2; law enforcement, ch. 38; miscellaneous offenses, ch. 46; traffic and vehicles, ch. 74.
ARTICLE I. - IN GENERAL#
Secs. 18-1—18-20. - Reserved.#
ARTICLE II. - MUNICIPAL COURT#
Footnotes:
--- (2) --- State Law reference— Authority to create a municipal court, G.L. 1956, § 45-2-30.
Sec. 18-21. - Established.#
Pursuant to G.L. 1956, § 45-2-30, there is established a municipal court in the town.
(Code 1986, § 2-370)
Sec. 18-22. - Appointment, term and qualifications of judge of the municipal court.#
(a)
The court shall be composed of one judge appointed by the town council. The judge shall serve until his successor shall be duly appointed.
(b)
Except for the initial appointment, the term of the appointment for the 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 judge shall be a lawyer 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.
(Code 1986, § 2-371)
Cross reference— Officers and employees, § 2-201 et seq.
State Law reference— Authority to appoint judge, G.L. 1956, § 45-2-30.
Sec. 18-23. - Witnesses; attendance; subpoenas.#
The 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 and testificandum, upon continuance of any complaint or proceeding before it, may take recognizance to the state, with 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, 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 1986, § 2-372)
Sec. 18-24. - Municipal court clerk; appointment and duties.#
(a)
The town council shall appoint a clerk of such court.
(b)
The term of the appointment for the 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 such court; and shall furnish certified copies, when required, for which copies the 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.
(d)
Nothing contained in this section 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 in this section shall prohibit the town clerk from also becoming the municipal court clerk.
(Code 1986, § 2-373)
Cross reference— Officers and employees, § 2-201 et seq.
Sec. 18-25. - 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 judge and the municipal court clerk shall have the power to administer oaths and affirmations.
(Code 1986, § 2-374)
Sec. 18-26. - Sessions; time; place.#
The municipal court shall be considered to be in session at all times, and at such places in the town as the court, or the judge holding such court session, shall appoint.
(Code 1986, § 2-375)
Sec. 18-27. - 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;
(2)
Minimum housing ordinances, including any violation of G.L. 1956, § 45-24.3-1 et seq., the Rhode Island Housing, Maintenance and Occupancy Code;
(3)
Any other jurisdiction conferred by state law.
(b)
Any defendant found guilty of any offense, excluding violations of such minimum housing ordinances, or G.L. 1956, § 45-24.3-1 et seq., may within seven 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, however, that any defendant found guilty of any violation of a minimum housing ordinance, or of G.L. 1956, § 45-24.3-1 et seq. within seven days of such conviction, file an appeal from such conviction to the fourth 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 8-8-3.2.
(c)
With respect to violations of municipal ordinances dealing with minimum housing, or G.L. 1956, § 45-24.3-1 et seq., the town council hereby confers upon the 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, vacating or demolition of any dwelling existing in violation; or
(3)
To otherwise compel compliance with all provisions of such ordinances and statutes.
(d)
Any defendant found guilty of an offense over which the municipal court has jurisdiction pursuant to G.L. 1956, § 8-18-3 may file an appeal as set forth in G.L. 1956, §§ 8-18-9 and 31-43-4.
(Code 1986, § 2-376)
State Law reference— Similar provisions, G.L. 1956, § 45-2-30.
Sec. 18-28. - Fines; penalties; imprisonment.#
Such 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.
(Code 1986, § 2-377)
Sec. 18-29. - Complaints; warrants; writs.#
It shall be lawful for the judge of such 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 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 courts; and they may be served by any constables of the town who are authorized to serve process in civil or criminal cases.
(Code 1986, § 2-378)
Sec. 18-30. - Payment by mail.#
For a violation of any of the provisions of chapter 6, animals, chapter 82, waterways, chapter 46, miscellaneous offenses, and chapter 34, housing, of this Code, a defendant desiring to dispose of the charge without personally appearing before the municipal court may sign the summons, where indicated, and return it to the municipal court not later than 30 days from the date of the summons either by mail or by delivery in person, together with a check or money order in the amount indicated on the summons; provided, however, that if the defendant has been charged with another violation of either chapter 6, chapter, 82, chapter 46, or chapter 34 of this Code, whichever may be applicable, within the preceding 12-month period, the defendant shall be required to appear at the municipal court, and he shall not have the benefit of this method of payment. The burden of determining the eligibility to pay according to the provisions of this section shall be upon the defendant.
(Ch. 779, § 1, 5-17-1999; Ch. 916, § 1, 7-20-2009; Ch. 938, § 1, 11-15-2010)
State Law reference— Authority to permit fine for violation of animal laws, payment by mail, G.L. 1956, § 4-13-1(8).
Sec. 18-31. - Costs.#
(a)
The municipal court shall be authorized to impose court costs in the amount which shall be set by the town council by resolution, and the payment of such costs shall be a part of the sentence.
(b)
All payments shall be deposited in the general treasury of the town.
(Code 1986, § 2-379)
Sec. 18-32. - Compensation of municipal court judge and municipal court clerk.#
(a)
The compensation of the judge of the municipal court shall be set by the town council by resolution.
(b)
The compensation of the clerk of the municipal court shall be set by the town council by resolution.
(Code 1986, § 2-380)
Sec. 18-33. - Acting judge/acting clerk.#
(a)
In cases of sickness, absence or other disability or ineligibility of the municipal court judge or clerk which shall be less than 14 days, the judge may appoint an acting judge, and the clerk may appoint an acting clerk, at the same compensation, or at such salary, as the town council may determine, for the term of such sickness, absence, disability or ineligibility of the judge or clerk. An acting municipal court judge or acting municipal court 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 the 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, at the same compensation, 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 such duties, shall have the same effect as if performed by the municipal court judge or municipal court clerk, respectively,
(Code 1986, § 2-381)
Cross reference— Officers and employees, § 2-201 et seq.
Secs. 18-34—18-55. - Reserved.#
Sec. 18-56. - Monthly sessions; adjournment.#
The probate court shall hold regular monthly sessions at such time as the court may set and shall also sit in special session on such other occasions as the court deems appropriate. The court may adjoin any regular or special session to any other time or place within the limits of the town.
(Code 1986, § 15-1)
Secs. 18-57—18-75. - Reserved.#
ARTICLE IV. - JUVENILE HEARING BOARD#
Footnotes:
--- (4) --- Cross reference— Boards, commissions and committees, § 2-71 et seq.
State Law reference— Juvenile hearing board jurisdiction, G.L. 1956, § 16-19-8.
Sec. 18-76. - Establishment.#
There is hereby established within the town a juvenile hearing board with the powers set forth in this article and the general laws of the state for the purpose of hearing all cases referred to such board by the juvenile division of the police department, with respect to persons under the age of 18 who are charged with violating the criminal laws of the state or the town.
(Code 1986, § 2-400; Ch. 690, § 1, 10-7-1991; Ch. 805, § 1(2-400), 1-16-2001)
Sec. 18-77. - Referral.#
(a)
Persons who are under the age of 18 may be referred to the juvenile hearing board, established in this article, which shall have concurrent jurisdiction with the family court if the offense is one which, if committed by an adult, would be a misdemeanor; provided, however, that this requirement shall not apply in the case of any person:
(1)
Charged with the crime of assault or battery;
(2)
Who shall have been twice previously referred to the juvenile hearing board or have been once previously referred and refused or failed to abide by the sanctions imposed or make the restitution recommended; and/or
(3)
Who at the time of the commission of such juvenile offense shall be within the custody and control of the family court.
The juvenile hearing board may also, with the express written consent of the chief justice of the family court, hear and dispose of offenses that constitute felony offenses or a felony offense that has been amended to a misdemeanor offense.
(b)
The juvenile division of the town police department may offer referral to the juvenile hearing board any other juvenile offender where, in the opinion of the juvenile division, such referral would be beneficial to the juvenile concerned and the community at large. No referral to the juvenile hearing board shall be made by the juvenile division until such person, together with his legal guardians, shall have in writing waived such person's right to a hearing in the family court with respect to the offense charged, has agreed to guilt, and shall have agreed to abide by the decision of the juvenile hearing board.
(Code 1986, § 2-401; Ch. 690, § 1, 10-7-1991; Ch. 805, § 1(2-401), 1-16-2001)
Sec. 18-78. - Composition.#
The membership of the juvenile hearing board shall consist of five persons over the age of 18 years, to be appointed by the town council, all of whom shall have been a resident for at least three years within the town and none of whom shall be attorneys admitted to practice before the state supreme court. The town council shall appoint one member whose term shall expire on December 1, 1992, and thereafter until his successor is appointed and qualified, two members whose term shall expire on December 1, 1993, and thereafter until their successors are appointed and qualified, two members whose terms shall expire on December 1, 1994, and thereafter until their successors are appointed and qualified. During the month of November, 1992, and annually thereafter, the town council shall appoint a member to succeed the members whose terms will then next expire, to serve for a term of three years, commencing on December 1, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.
(Code 1986, § 2-402)
Sec. 18-79. - Duties.#
The juvenile hearing board shall hear all cases referred to it by the juvenile division and shall recommend sanctions (other than incarceration) including, but not limited to, fines (up to a maximum of $50.00, and community service and shall direct restitution for any injuries and/or damages where appropriate, resulting from the commission of such offense. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his parents or legal guardians to agree to the sanctions imposed, and the amount of restitution, the juvenile hearing board shall take into account the juvenile offender's ability to pay, and the amount of actual damage caused as a result of the commission of such offense.
(Code 1986, § 2-403)
Sec. 18-80. - Meetings.#
(a)
The juvenile hearing board shall meet as necessary. It shall give notice of date and time of meetings to the juvenile division, the juvenile offender and his parents, or legal guardian, not less than seven days prior to the date of the hearing. Any juvenile offender may be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public. Records of the juvenile hearing board's proceedings shall be sealed and destroyed when the juvenile reaches the age of 18.
(b)
The juvenile hearing board shall elect one from its members as its chairman, and one as its vice-chairman. In the absence of the chairman, the vice-chairman shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted. The juvenile hearing board shall maintain confidentiality in all cases as to the identity of the juvenile and the disposition of the case.
(Code 1986, § 2-404)