[Ord. No. 97-23A, 8-6-1997]
Said 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. Said 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 said court shall deem proper, with the condition to
appear before said 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. No. 97-23A, 8-6-1997]
The clerk of court shall keep a regular docket of all cases
disposed of, shall record the judgments, orders and sentences of said
court, and shall furnish certified copies thereof when required, for
which copies said clerk shall charge the same fees as are by law allowed
to clerks of the superior court. He or she shall keep his or her office
open to the public during such hours as the court shall determine
and shall also serve as magistrate. The Town Council shall authorize
the Mayor to provide the secretarial and administrative assistance
necessary for the court to perform its duties and responsibilities.
All clerical personnel shall serve a term of two years commencing
at the date of appointment.
[Ord. No. 97-23A, 8-6-1997]
The municipal court shall have a seal which shall contain such
words and device as the Town Council shall adopt and approve. The
judge, associate judge and the clerk shall have the power to administer
oaths and affirmations.
[Ord. No. 97-23A, 8-6-1997]
The municipal court shall be considered to be in session at
all times, and at such place or places in the Town as said court,
or judge holding same, shall appoint.
[Ord. No. 97-23A, 8-6-1997]
The Town Council hereby confers on the municipal court original
jurisdiction, notwithstanding any other provisions of the general
laws, to hear and determine causes involving violations of:
(a)
Any ordinances and revised ordinances of the Town;
(b)
Violation of the provisions of The Rhode Island Housing Maintenance
and Occupancy Code;
(c)
Any other jurisdiction conferred by state law.
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With respect to violations of either municipal ordinances dealing
with minimum housing or Chapter 24.3 et seq. of this title dealing
with housing, maintenance and occupancy, the Town Council hereby confers
upon said municipal court, in furtherance of the aforesaid jurisdiction,
the power to proceed according to equity:
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(a)
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To restrain, prevent, enjoin, abate or correct a violation;
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(b)
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To order the repair, vacation or demolition of any dwelling
existing in violation; or
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(c)
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To otherwise compel compliance with all the provisions of said
ordinance and statutes.
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Provided, however, that any defendant found guilty of any offense,
excluding violations of said Minimum Housing Ordinances or said Chapter
24.3 may, within seven days of such conviction, file an appeal from
said 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 said Chapter 24.3 may within seven days of conviction, file
an appeal from said conviction to the Rhode Island District Court
and be entitled to a trial de novo in accordance with the Rhode Islands
General Laws.
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[Ord. No. 97-23A, 8-6-1997]
Said municipal court may impose a sentence not to exceed 30
days in jail and impose a fine of not in excess of $500 or impose
voluntary community service not to exceed 40 hours or any combination
of all three (fines, imprisonment, community service) and shall be
empowered to punish persons for contempt.
[Ord. No. 97-23A, 8-6-1997]
It shall be lawful for the judge of said 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 said court; and such complaints, warrants, writs and other process
shall have the same effect, validity, and extent, and be served, enforced
and returned, in the same manner and by the same officers, as if issued
by the district court of this state and they may be served by any
constable who is authorized to serve process in civil or criminal
cases. It shall also be lawful for the judge to execute and prescribe
search warrants to be served within the Town.
