Sec. 1-5. - Manner of prosecution for ordinance violations; recovery of costs; statute of limitations.
Part of the Code of Ordinances of Scituate, RI.
The text
(a)
It shall be the duty of every police officer and constable of the town to preserve the peace and good order and see that all the ordinances of the town are properly enforced.
(b)
The town sergeant, chief of police and every constable and police constable of the town are designated and appointed prosecuting officers in accordance with the provisions of the General Laws of the state.
(c)
All violations of the ordinances of the town shall be prosecuted by complaint and warrant and shall be directed to the sheriff of Providence County, his deputies, the town sergeant, chief of police or either of the constables of this town or such other person or persons as may be authorized by statute and returnable to the District Court of the Eighth Judicial District of the State of Rhode Island or such other court as shall be authorized by statute.
(d)
In all cases of complaint under the ordinances of the town the fines or forfeitures and penalties shall belong to the town except as otherwise provided by statute. Whenever complaint is made for violation of any ordinance of this town by any of the officers designated in this section, the officer shall not be required to give surety for costs.
(e)
In all prosecutions under the ordinances of the town the costs shall be the same as in criminal proceedings before the District Court of the Eighth Judicial District and upon conviction the payment of such costs shall be a part of the sentence of the defendant who may be committed to the Adult Correctional Institutions on default of payment of the fine or costs or both until the same are paid or ordered omitted by the town council. In all cases where any complaint under the ordinances of the town is dismissed, the costs shall be taxed against the complainant and collected as provided by statute; provided, however, that where such complaint is made by any of the officers designated in this ordinance or otherwise appointed by the town council or authorized by statute for such purpose, such costs shall be paid by the town.
(f)
All complaints made under the ordinances of the town shall be made within one (1) year after the commission of the offense unless otherwise provided by statute.