(A) The court shall be composed of one judge appointed by the Town Council. The judge shall serve until his or her successor shall be duly appointed as aforesaid.

(B) Except for the initial appointment, the term of the appointment for 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 Supreme Court of the state, in good standing, and shall have not less than five years experience in the active practice of law. (Ord. passed 5-16-94)

§ 38.03 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 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.

(Ord. passed 5-16-94)

§ 38.04 MUNICIPAL COURT CLERK; APPOINTMENT AND DUTIES.

(A) The Town Council shall appoint a clerk of the court.

(B) The clerk of the court shall keep a regular docket of all cases disposed of; shall record the judgments, orders, and sentences of the court; and shall furnish certified copies thereof 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.

(C) Nothing contained herein 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.

(D) Nothing contained herein shall prohibit the Town Clerk from also becoming the Municipal Court clerk. (Ord. passed 5-16-94)

§ 38.05 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.

(Ord. passed 5-16-94)

§ 38.06 SESSIONS; TIME; PLACE.

(A) The Municipal Court shall be considered to be in session at all times, and at such place or places in the town as the court, or judge holding same, shall appoint.

(B) In all cases involving motor vehicle violations, the court shall operate under the Rules of Procedure of the Rhode Island Administrative Adjudication Court, as amended. In all other cases, the court shall operate under 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.

(Ord. passed 5-16-94; Am. Ord. passed 3-6-95)

§ 38.07 JURISDICTION.

(A) Subject to division (B) of this section, the Town Council hereby confers on the Municipal Court original jurisdiction to hear and determine causes involving violation of:

(1) Any ordinance of the town;

(2) Minimum housing ordinances, including any violation of R.I. Gen. Laws Title 45, Ch. 24.3, the state Housing, Maintenance, and Occupancy code.

(3) Any other jurisdiction conferred by state law.

(B) Division (A) of this section applies, provided, however, that:

(1) Any defendant found guilty of any offense, excluding violations of minimum housing ordinances, or R.I. Gen. Laws Ch. 45-24.3, may within seven days of such conviction, file an appeal from the conviction to the Superior Court and be entitled in the latter court to a trial de novo; and

(2) Any defendant found guilty of any violation of a minimum housing ordinance, or of R.I. Gen. Laws Ch. 45-24.3, within seven days of such conviction, file an appeal from the conviction to the First Division of the District Court and be entitled to a trial de novo in accordance with R.I. Gen. Laws '' 8-8-3 (a)(4) and 8-8-3.2; and

(3) Any defendant found guilty of an offense over which the Municipal Court has jurisdiction pursuant to R.I. Gen. Laws ' 8-18-3 may file an appeal as set forth in R.I. Gen. Laws '' 8-18-9 and 31-43-4.

(C) With respect to violations of municipal ordinances dealing with minimum housing, or R.I. Gen. Laws Ch. 45-24.3, 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 ordinances and statutes.

(Ord. passed 5-16-94)

§ 38.08 FINES; PENALTIES; IMPRISONMENT.

The Municipal Court may impose a sentence not to exceed 30 days in jail and impose a fine not in excess of $500, or both, and shall be empowered to punish persons for contempt.

(Ord. passed 5-16-94)

§ 38.09 COMPLAINTS; WARRANTS; WRITS.

It shall be lawful for the judge of the 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 the 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.

(Ord. passed 5-16-94)

§ 38.10 COSTS.

(A) In all cases involving offenses over which the Municipal Court has jurisdiction pursuant to R.I. Gen. Laws ' 8-18-3, court costs shall be assessed as set forth in R.I. Gen. Laws ' 8-18-4. In all other cases, costs shall be $43.50 for each offense charged. 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.

(C) The costs incurred by the town in securing a policeman's presence, upon the request of the defendant, shall be charged to the defendant in the event he or she should fail to appear.

(Ord. passed 5-16-94; Am. Ord. passed 3-6-95)

§ 38.11 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.

(Ord. passed 5-16-94)

§ 38.12 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 those duties, shall have the same effect as if performed by the Municipal Court judge or Municipal Court clerk, respectively.

(Ord. passed 5-16-94)

§ 38.13 FAILURE TO APPEAR.

Failure to appear in the Municipal Court, upon receipt of a summons or complaint, shall constitute a separate violation of this chapter.

(Ord. passed 5-16-94) Penalty, see ' 10.99

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