ARTICLE V. - BOARDS, COMMISSIONS AND COMMITTEES
Part of the Code of Ordinances of Warren, RI.
The text
Footnotes:
--- (4) --- Cross reference— Housing board of review, § 4-132; committee on finance, § 7-1; when members of the board, commissions and committees to be paid, § 7-5; hazardous waste management facility assessment committee, § 9-31; harbor management commission, § 10-61; board of recreation, § 14-26 et seq.; planning board, § 15-26 et seq.; subdivision board of review, § 19-31 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-121. - Reappointment.#
Whenever a term of a board or commission member is to expire, the town clerk shall issue a letter to the member requesting whether the board or commission member is interested in retaining his or her position. If the board or commission member requests to be reappointed, the council may reappoint the member at its discretion and the position need not be advertised. If the board or commission member does not request to be reappointed or if the council in its discretion decides to advertise despite the member's request to be reappointed, the town clerk shall advertise said position of the board or commission member by posting on the town's website and in a newspaper of general circulation within the town, to solicit applications from qualified members of the public who are interested in the position. The town council shall interview all applicants for the position prior to making an appointment to the said position.
(Ord. of 4-14-2015)
Secs. 2-122—2-135. - Reserved.#
DIVISION 2. - CONSERVATION COMMISSION#
Footnotes:
--- (5) --- Cross reference— Planning, Ch. 15.
State Law reference— Local conservation commissions, G.L. 1956, §§ 45-35-1—45-35-4.
Sec. 2-136. - Created.#
There is hereby created and established a conservation commission for the town.
(Code 1967, § 2-22)
State Law reference— Authority of council to create a conservation commission, G.L. 1956, § 45-35-1.
Sec. 2-137. - Composition; appointment and terms of members.#
The conservation commission shall consist of seven (7) members to be appointed by the town council. The initial appointees shall be appointed for the following terms: Three (3) shall be appointed for three-year terms, two (2) shall be appointed for two-year terms, and two (2) shall be appointed for a term of one (1) year. Thereafter, as terms expire, appointments, other than interim appointments, shall be for terms of three (3) years. Such commissioners shall continue to hold their respective offices until their successors are qualified.
(Code 1967, § 2-23)
State Law reference— Appointment and terms of conservation commission members, G.L. 1956, § 45-35-2.
Sec. 2-138. - Compensation of members.#
Members of the conservation commission shall serve without pay.
(Code 1967, § 2-24)
Sec. 2-139. - Clerk.#
The clerk of the zoning board of review, upon approval of the conservation commission, shall act as the clerk of the commission.
(Code 1967, § 2-25)
Sec. 2-140. - To be notified of proposals concerning resource use.#
The town planning board, the zoning board of review, and any other municipal board or agency concerned with resource use, shall notify the conservation commission of any proposals concerning resource use made by or to any of them. However, the failure to give such notification shall not vitiate any proposal or action thereon.
(Code 1967, § 2-26)
Secs. 2-141—2-150. - Reserved.#
DIVISION 3. - JUVENILE HEARING BOARD#
Footnotes:
--- (6) --- Editor's note— An ordinance adopted Oct. 9, 1990, amended the Code by adding provisions designated as §§ 13-12—13-17, which provisions have been redesignated herein by the editor as §§ 2-151—2-156 for purposes of classification.
Cross reference— Offenses and miscellaneous provisions, Ch. 13.
Sec. 2-151. - Establishment.#
There is hereby established within the town a juvenile hearing board with the powers set forth in this article for the purpose of hearing all cases referred to such board by the chief of police with respect to persons resident in the town under the age of eighteen (18) who are charged with violating the criminal codes of the state or the town.
(Ord. of 10-9-90 (1))
Sec. 2-152. - Referral.#
No person who is a resident of the town and under the age of eighteen (18) shall be referred to the family court for commission of a juvenile offense without having first been offered the opportunity to have his or her case heard before the juvenile hearing board, established herein, 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 or
(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 commission of such juvenile offense, shall be within the custody and control of the family court.
The chief of police may offer referral to the juvenile hearing board to any other juvenile offender where, in the opinion of the chief of police, 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 chief of police until such person, together with his/her legal guardians, shall have in writing waived such person's right to a hearing in the family court with respect to the offense charged, shall have agreed to guilt, and shall have agreed to abide by the decision of the juvenile hearing board.
(Ord. No. 10-9-90 (1))
Sec. 2-153. - Composition.#
The membership of the juvenile hearing board shall consist of five (5) persons and two (2) alternates over the age of eighteen (18) years, to be appointed by the town council, all of whom shall have been resident for at least three (3) years within the town, and none of whom shall be attorneys admitted to practice before the Supreme Court of the State of Rhode Island. The town council shall appoint one (1) member whose term shall expire on December 31, 1991, and thereafter until his successor is appointed and qualified; two (2) members whose term shall expire on December 31, 1992, and thereafter until their successors are appointed and qualified; two (2) members whose term shall expire on December 31, 1993, and thereafter until their successors are appointed and qualified. The two (2) alternates shall be appointed for one-year terms. During the month of December 1990, and annually thereafter, the town council shall appoint a member or members to succeed the member or members whose terms will then next expire, to serve for a term of three (3) years, commencing on the thirty-first day of December, 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 or her service on the board.
(Ord. of 10-9-90 (1))
Sec. 2-154. - Duties.#
The juvenile hearing board shall hear all cases referred to it by the chief of police and shall recommend sanctions (other than incarceration) and shall direct restitution for any injuries resulting from the commission of such offense. In those cases in which the board shall order restitution, it shall attempt to assist the juvenile offender and his or her parents in providing a means whereby the offender may make such restitution including, without limiting the generality of the foregoing, attempting to provide, with the agreement of the director of public works or the superintendent of schools, suitable employment by the town. In any such proceeding the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed and the amount of restitution and manner of making the same. In order 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.
(Ord. of 10-9-90 (1))
Sec. 2-155. - Meetings.#
The juvenile hearing board shall meet not less than one (1) time each month. It shall give notice of the matters to be heard before it to the chief of police, the juvenile officer, and the juvenile offender and his or her parents not less than seven (7) days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his or her behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile and his or her legal guardians, transact its business in public. The juvenile hearing board shall elect one (1) from its members as its chairman, and one (1) 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.
(Ord. of 10-9-90 (1))
Sec. 2-156. - Applicability.#
This article shall apply to all juveniles alleged to have committed an offense after the date of the enactment of the ordinance from which this article is derived.
(Ord. of 10-9-90 (1))