[HISTORY: Adopted by the Town Council of
the Town of Westerly 8-13-1991 by Ch. No. 983 as §§ 2-201 through 2-216
of the 1991 Code (as amended by Ch. No. 1307); amended in its entirety 8-1-2016 by Ch. No. 1872. Subsequent amendments noted where applicable.]
Pursuant to Title 45, Chapter 2, Section 29, of the General
Laws of the State of Rhode Island, 1956, as amended (1980 Reenactment),
there is established a Municipal Court for the Town of Westerly. The
Court shall commence on December 1, 1989.
A.
The
Municipal Court shall be composed of one Judge appointed by the Town
Council for a two-year term to run concurrent with the Council and
until a successor is appointed.
B.
The
Municipal Court Judge shall be a lawyer admitted to practice before
the Supreme Court of the State of Rhode Island in good standing and
shall have not less than five years of experience in the active practice
of law in the State of Rhode Island.
C.
The
Municipal Court Judge shall not hold any other Town office or Town
position during his/her term, whether the same is elected or appointed.
D.
The
Municipal Court Judge shall not be permitted to appear before any
court, board or agency within the Town of Westerly, including but
not limited to the Town Council, Zoning Board of Review, Planning
Board, School Committee, Probate Court, District Court or Superior
Court, wherein the matter to be before said court, board or agency
concerns a local matter or case.
A.
The
Clerk of the Court shall be appointed by the Town Manager to serve
for an indefinite term. The Town Manager may appoint such other assistants
as may be deemed necessary for the Court to carry out its duties.
B.
The
Clerk of the 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 allowed by law
to be charged by Clerks of the District Court of the State of Rhode
Island. The Clerk's office shall be open to the public during
such hours as the Court shall determine from time to time.
C.
When
it is deemed necessary during the absence of the Municipal Court Clerk,
the Town Manager may appoint an Acting Municipal Court Clerk who shall
meet the same qualifications and shall perform all duties of the Municipal
Court Clerk and in the performance of said duties shall have the same
effect as if performed by the Municipal Court Clerk.
D.
The
Clerk may be assigned duties in addition to the duties of Municipal
Court Clerk, but in no way shall the additional duties interfere with
the primary duties of the Municipal Court Clerk.
The Municipal Court shall be considered to be in session at
all times and in such place or places in the Town of Westerly as said
Court or Justice holding said sessions shall so appoint and determine,
subject, however, to the provisions that the Court shall hold no less
than two sessions a month in the Westerly Town Hall Building on such
days, times and in such places to be determined by the Municipal Court
Judge.
A.
The Municipal Court shall have original jurisdiction to hear and determine cases involving violations of any ordinance of the Town of Westerly, including, but not limited to, Chapter 238, Vehicles and Traffic, Chapter 260, Zoning, Chapter 145, Minimum Housing, and any violations of Title 45, Chapter 24.3, of the Rhode Island General Laws, entitled the "Rhode Island Housing Maintenance and Occupation Code," and any other jurisdiction conferred upon the court by state law, including those motor vehicle violations enumerated in RIGL § 8-18-3(a) pursuant to § 8-18-3(b)(3).
[Amended 7-9-2018 by Ch.
No. 1926]
B.
Any
defendant found guilty of any offense, excluding violations of said
minimum housing ordinances or Title 45, Chapter 24.3, within the jurisdiction
of the Court, may, within seven days of such conviction, file an appeal
from said conviction to the Washington County Superior Court and be
entitled in that 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 Title 45, Chapter 24.3, may, within seven
days of such conviction, file an appeal from said conviction to the
Fourth Division District Court and be entitled to a trial de novo
in accordance with RIGL 8-8-3(a)(4) and 8-8-3.2.
[Amended 7-9-2018 by Ch.
No. 1926]
C.
With
respect to violations of either municipal ordinances dealing with
minimum housing or § 45-24.3 et seq. of the Rhode Island
General Laws dealing with housing maintenance and occupancy, the Town
Council hereby confers upon said Municipal Court, in furtherance of
the aforementioned jurisdiction, the power to proceed according to
equity:
The Municipal Court is empowered to impose a sentence as provided in Chapter 1, Article II, General Penalty. The Municipal Court shall also have the power to compel the attendance of witnesses and to punish persons for contempt and to authorize and execute search warrants to the extent that the same could be authorized and executed by a Justice of the District Court.
[Amended 7-9-2018 by Ch.
No. 1926]
A.
It shall be lawful for the Judge of the Municipal 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, 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
officer or official of the Town who is authorized to serve process
in civil or criminal cases.
B.
In all cases involving motor vehicle violations, the court shall
operate in a manner consistent with RIGL Title 31, Chapter 41.1, and
with the procedures of the traffic tribunal of the district court.
In all other cases, the court shall operate under the state district
court rules of civil or criminal procedure, as amended; provided,
however, that a case may be charged either by complaint, or by summons
or citation issued by the authorized officer or official of the Town
at the discretion of the Municipal Court Judge.
The Municipal Court shall be authorized to tax costs in the
same manner as those taxed by the District Courts of the State of
Rhode Island. The payment of said costs shall be a part of the sentence
to the extent that the same would be in the District Courts. All payments
of costs shall be deposited in the general fund of the Town of Westerly.
In the event of the temporary disability or disqualification
of the Judge of the Municipal Court so that he or she is unable to
perform his or her duties, the Council may appoint an Acting Judge
to serve during such temporary disability or disqualification and
until such disability or disqualification shall cease. An Acting Municipal
Court Judge must meet the same qualifications and shall perform all
duties of the Municipal Court Judge and, in the performance of said
duties, shall have the same effect as if performed by the Municipal
Court Judge.
The compensation of the Municipal Court Judge shall be set by
the Town Council of the Town from time to time and in the sole discretion
of the Town Council.
Subject to any other provisions of law relative to the filing
of complaints for particular crimes, any Judge of the Municipal Court
may place on file any complaint in a criminal case other than a complaint
against a person who has been convicted of a felony or a private complaint.
The Court may, in its discretion, require as a condition of such filing
the performance of services for the public good or may attach such
other conditions thereto as such Court shall determine. If no action
is taken on such complaint for a period not to exceed one year following
such filing, such complaint shall be automatically quashed and destroyed.
Failure to appear in answer to a summons, subpoena or complaint
may be punished by a fine not over $50 or imprisonment for not more
than 15 days, or both.
A.
Bail Commissioners. The Judge of the Municipal Court shall from time
to time appoint, with power to revoke such appointments, Bail Commissioners
who shall be authorized to set and take bail, in all complaints bailable
before the Municipal Court, from all respondents arrested on such
complaints, and such Municipal Court Judge shall authorize the Bail
Commissioners, as appointed by him or her, to issue warrants and complaints
to the Municipal Court for any offense for which, by law, the Municipal
Court Judge may issue a warrant and complaint, and all warrants as
issued, and all complaints upon which bail is taken as aforesaid,
shall be forthwith returned to the Municipal Court, provided that
such Bail Commissioners shall not in any case or for any purpose have
the power to issue search warrants.
B.
Qualifications. A Bail Commissioner shall be an attorney at law in
good standing who has been admitted to the practice of law in this
state.
