The text
ARTICLE I. - IN GENERAL#
Secs. 6.5-1—6.5-20. - Reserved.#
ARTICLE II. - MUNICIPAL COURT#
Footnotes:
--- (1) --- Editor's note— An ordinance adopted Feb. 9, 1999, provided for the establishment of a municipal court for the town. Such ordinance did not specify manner of codification; hence, inclusion herein as Art. II, §§ 6.5-21—6.5-32 was at the discretion of the editor.
Sec. 6.5-21. - Establishment.#
Pursuant to title 45, chapter 2 of the Public Laws of Rhode Island, 1956, as amended, the Town Council hereby establishes a municipal court.
(Ord. of 2-9-99)
Sec. 6.5-22. - Jurisdiction.#
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 section 45-24.3-1 et seq., entitled, "The Rhode Island Housing, Maintenance and Occupancy Code."
(3)
Any other jurisdiction conferred by state law.
Provided, however, that any defendant found guilty of any offense, excluding violations of said minimum housing ordinances or of G.L. 1956 section 45-24.3 et seq., within the jurisdiction of the court, may, within seven (7) 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, section 45-24.3-1 et seq., may, within seven (7) days of such 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. sections 8-8-3(a)(4) and 8-8-3.2.
With respect to violations of either municipal ordinances dealing with minimum or G.L. 1956, section 45-24.3-1 et seq., dealing with housing maintenance and occupancy, the town council hereby 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.
(Ord. of 2-9-99)
Sec. 6.5-23. - Appointment of judge.#
(a)
The municipal court shall be composed of one judge appointed by the town council. The municipal court judge shall serve until his successor shall be duly appointed as aforesaid.
(b)
The town council shall, at its regularly scheduled meeting in January or as soon as practical thereafter, elect a judge by a majority of the town council membership, to serve a term not to exceed two (2) years or until his or her successor shall be duly elected and qualified as aforesaid by the succeeding council.
(c)
The judge shall be a lawyer admitted to practice before the supreme court of the state, and in good standing, and shall have not less than five (5) years' experience in the active practice of law.
(Ord. of 2-9-99)
Sec. 6.5-24. - Municipal court clerk.#
(a)
The office of the town clerk shall provide administrative staffing as needed for the proper operation of the municipal court, to include but not be limited to providing trained staff while the municipal court is in session and to performing duties and requirements necessary to conduct the day-to-day responsibilities as determined by the municipal court judge and/or the town clerk.
(b)
The clerk of the court shall keep a regular docket of all cases, including cases disposed of, shall record the judgments, orders and sentences of the court, collect fees, penalties, fines, and costs, and shall furnish certified copies thereof when required or requested, for which copies the clerk shall charge the same fees as are allowed by law to clerks of the superior court. He or she shall keep his/her office open to the public during such hours as the court shall determine.
(c)
The clerk of the court shall be responsible for the administrative duties required of the municipal court in accordance with the state and municipal court compact and shall be responsible for all documentation and recordkeeping required of the Rhode Island Traffic Tribunal.
(Ord. of 2-9-99; Ord. No. O-2, 6-10-2008; Ord. of 10-8-2024(1))
Sec. 6.5-25. - Acting judge.#
In case of sickness, absence or other disability or ineligibility of the municipal court judge, the town council may, by resolution, 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 then receives. An acting municipal court judge 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.
(Ord. of 2-9-99)
Sec. 6.5-26. - Witnesses; attendance; subpoenas.#
The municipal 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 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 and, in the meantime, to keep the peace; and, in want thereof, may commit such party to the state adult correction institution until such recognizance shall be given or the parties lawfully discharged therefrom.
(Ord. of 2-9-99)
Sec. 6.5-27. - Seal; oaths.#
The municipal court shall have a seal which shall contain such words and devices as the town council shall adopt and approve. The judge and the municipal court clerk shall have the power to administer oaths and affirmations.
(Ord. of 2-9-99)
Sec. 6.5-28. - Sessions; time; place.#
The municipal court shall be considered to be in session at all times and at such place or places in the town 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 municipal court judge, but not less than once per month.
(Ord. of 2-9-99)
Sec. 6.5-29. - Fines; penalties; imprisonment.#
(a)
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 may also impose sentences as otherwise provided for by ordinances of the city and the laws of the state.
(Ord. of 2-9-99)
Sec. 6.5-30. - Court costs.#
(a)
Costs taxed by the municipal court shall be the same as those taxed by the district court unless otherwise provided by an ordinance of the city or the laws of the state. The payment of such costs shall be a part of the sentence to the extent they would be in the district court.
(b)
All payments shall be deposited in the general treasury of the town.
(Ord. of 2-9-99)
Sec. 6.5-31. - Charter provisions.#
The provisions of the Town Charter shall apply to the municipal court to the extent that such provisions are not inconsistent with the laws of the state.
(Ord. of 2-9-99)
Sec. 6.5-32. - Compensation of municipal court judge and clerk.#
Compensation of the judge of the municipal court, the municipal court clerk, the court administrators and clerical assistants shall be established by the town council.
(Ord. of 2-9-99)
ARTICLE III. - HOUSING COURT#
Sec. 6.5-33. - Title.#
This article shall be known and may be cited as the "Housing Court Ordinance."
(Ord. of 10-10-2017)
Sec. 6.5-34. - Purpose.#
This article shall be liberally construed to the end that all people be housed in dwellings that are safe, sanitary and fit for human habitation and that levels of residential environmental quality be achieved and maintained as will protect and promote the health, safety and general welfare of the people of the Town of Warren.
(Ord. of 10-10-2017)
Sec. 6.5-35. - Establishment; judge; jurisdiction; seal; oaths.#
(a)
In accordance with the express enabling authority granted by the General Assembly in R.I.G.L. § 45-2-47, there is hereby established in the Town of Warren a Housing Court.
(b)
There shall be a housing court judge, appointed by the Warren Town Council, to hear and determine causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title, (the Rhode Island Zoning Enabling Act of 1991), any violation of chapter 24.1 of this title (the Historical Zoning Act), any violation of chapter 24.2 of this title (Minimum Housing Standards Act), any violation of chapter 24.3 of this title (Housing Maintenance and Occupancy Code), any violation of chapter 23 of this title (Subdivision and Land Development Act), any violation of any local Warren ordinance or regulation enacted pursuant to these chapters, and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code), and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-I Rhode Island State Building Code, SBC-2 Rhode Island state one- and two-family dwelling code, SBC-3 Rhode Island State Plumbing Code, SBC-4 Rhode Island State Mechanical Code, SBC-5 Rhode Island State Electrical Code, SBC-6 state property maintenance code, SBC-8 Rhode Island State Energy Conservation Code, and SBC-20 Rhode Island State Fuel and Gas Code and to hear and determine any other causes brought to promote, protect or enhance the residential environmental quality of the people.
(c)
The housing court judge may, but is not required to, serve simultaneously as the Judge of the Warren Municipal Court.
(d)
The housing court will commence upon the passage of this article.
(e)
The housing court shall be a court of record and shall, at a minimum, tape record all sessions.
(f)
The housing court shall have a seal which shall contain such words and devices as the court shall adopt.
(g)
The housing court judge shall have the power to administer oaths and affirmations, compel the attendance of witnesses, punish persons for contempt and to execute search warrants to the extent warrants could be executed by a judge of the district court.
(Ord. of 10-10-2017)
Sec. 6.5-36. - Powers of the housing court.#
(a)
The housing court shall be a court of town-wide jurisdiction; and no order, decree, judgment, sentence, warrant, writ or process made, issued or pronounced by it need set out any adjudication or circumstances with greater particularity than would be required in courts of superior and general jurisdiction. The writs, subpoenas, citations, orders, notices, executions and all other processes issued by the housing court shall be under the seal of the housing court, signed by the housing court clerk and bear the signature of the housing court judge and shall run throughout the state.
(b)
In all matters within its jurisdiction, the housing court shall have the power to proceed according to equity to:
(1)
Restrain, prevent, enjoin, abate or correct a violation.
(2)
Order the repair, vacation or demolition of any dwelling existing in violation.
(3)
Otherwise compel compliance with all of the provisions of these ordinances or statutes.
(4)
Order a dwelling into receivership and to order the removal of any clouds on the title to the building or property which shall be binding upon all those claiming by, through, under or by virtue of any inferior liens or encumbrances pursuant to R.I.G.L. Tit. 34, Ch. 44 et seq.
(Ord. of 10-10-2017)
Sec. 6.5-37. - Sessions.#
The housing court shall conduct business in the Warren Town Hall at such times and under such conditions as the housing court judge may from time to time direct.
(Ord. of 10-10-2017)
Sec. 6.5-38. - Administration of operation.#
(a)
The housing court judge shall be administrative judge of said court and shall be the head of said court and have supervision and control of the calendars of the court.
(b)
All court stenographers and secretaries shall be under the supervision of the housing court judge whose duty it shall be to gather such statistics as shall reflect accurately the work of the court, for the information of the court and such other use as may be deemed expedient.
(c)
The housing court judge shall also be charged with the general responsibility for any recommendations that may be important for the work of said court.
(Ord. of 10-10-2017)
Sec. 6.5-39. - Rule of practice and procedure.#
The housing court, through its judge, may from time to time make and promulgate rules for regulating practice and conducting business therein. in all matters wherein the housing court is authorized or directed to make or promulgate rules, said court shall have the authority, until such time as such rules may be promulgated, to provide by order in special cases.
(Ord. of 10-10-2017)
Sec. 6.5-40. - Authority and duties of clerks.#
The housing court clerk may serve simultaneously as the Clerk of the Warren Municipal Court. In addition to any other authority or duties provided by this article, the housing court clerk shall have the authority to carry out the duties with respect to the housing court that are exercised or performed by the clerks of the district courts or superior court in housing and zoning enforcement matters.
(Ord. of 10-10-2017; Ord. of 1-14-2020)
Sec. 6.5-41. - Appeal.#
Any party aggrieved by final judgment, decree or order of the housing court may, within twenty (20) days after entry of judgment, may appeal for a trial de novo in superior court.
(Ord. of 10-10-2017)
Sec. 6.5-42. - Annual appropriations.#
The town council shall annually appropriate such sums as shall be necessary to carry out the purposes of this article, and the town treasurer is hereby authorized and directed to draw their order for the payment of such sum, or so much thereof as may be required from time to time, upon receipt by them of duly authenticated vouchers approved by the housing court judge.
(Ord. of 10-10-2017)
Secs. 6.5-43—6.5-49. - Reserved.#
ARTICLE IV. - PROBATE COURT#
Sec. 6.5-50. - Absence of disability.#
In the absence, disability, or disqualification of the judge of probate so that he/she is unable to fulfill his/her duties, or there is a vacancy in such office, the duties of the judge of probate shall be performed by the town solicitor, or, if the town solicitor is unable or disqualified from performing such duties, the town council shall select any other individual meeting the qualifications of section 8.03 of this article to serve as the acting judge of probate; and when so serving, the acting judge of probate shall have and exercise all the powers and duties of the judge of probate.
(Ord. of 11-12-2019)