[Adopted 6-22-1993 by Ord. No. 595 as
Secs. 14-56 to 14-61 of the 1993 Code]
Nothing contained in this article shall be construed
to preclude any person from making complaint under any of the various
sections of the Code of the Town, unless otherwise specified in such
section.
A.
All violations of this Code or any of the ordinances
of the Town shall be prosecuted by complaint and warrant directed
to the Sheriff of Kent County, the police officers, Constables or
Town Sergeant.
B.
No officer of the law prosecuting in his official
capacity shall be required to give surety for costs, but shall give
his personal recognizance merely, and no costs shall be taxed against
him unless the court trying the complaint shall find such complaint
to have been without probable cause and shall, in rendering judgment,
certify the same upon such warrant, but all other persons shall give
surety for costs in the manner prescribed by law.
Complaints made pursuant to this article and
the proceedings under this article shall, except as provided in this
article, conform in all respects to the proceedings prescribed by
the statutes of the state with regard to offenses within the jurisdiction
of the District Court.
In all cases where the court costs are not collected
from the respondent or other persons liable to pay such court costs,
they shall be paid by the Town.
In all convictions pursuant to complaints under
this Code or any of the ordinances of the Town, the fines, penalties
and forfeitures recovered, unless otherwise specified, shall belong
to the Town.
The Town Council may at any time, for reasons
satisfactory to it, remit all penalties and costs, or any part of
such penalties and costs, and discharge any person imprisoned under
this Code or the ordinances of the Town.