[HISTORY: Adopted by the Town Council of the Town of Lincoln 9-20-2005 by Ord. No. 05-20.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic - See Ch. 240.
[1]
Editor's Note: This ordinance also superseded former Ch. 12, Court, Municipal, adopted 10-15-2002 by Ord. No. 02-4.
Pursuant to R.I.G.L. § 45-2-51, there is hereby established a Municipal Court in the Town of Lincoln.
A. 
Appointment. 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.
B. 
Term. The term of appointment for the judge shall be for two years. The first term, however, will begin when the Town Council appoints the first judge and will run concurrently with the term of office of the appointing Town Council. Thereafter, the judge shall be appointed no later than the first Monday in February and said term shall run concurrently with the term of the office of the Town Council.
C. 
Qualifications. The 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 experience in the active practice of law prior to his or her appointment and shall be a qualified elector of the Town of Lincoln.
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.
The Court shall have the power to issue writs, summonses, complaints and subpoenas to witnesses to compel their attendance at hearings or trials, and to punish for contempt by fine or imprisonment. The Court may also issue writs of habeas corpus ad testificandum upon continuance of any complaint before it, may take recognizance to the state, with surety or sureties in such sum as the Court may deem proper, with the condition to appear before the Court and make further answer to such complaint or proceeding, and in the meantime 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.
Failure to appear in answer to a summons, complaint, or subpoena properly served may be punished by a fine not to exceed $100 or imprisonment not to exceed 10 days, or both.
The Municipal Court shall have a seal which shall contain such words and device as the Court shall adopt. The Municipal Court Judge and the Municipal Court Clerk shall have the power to administer oaths and affirmations.
A. 
The Municipal Court shall be considered in session at all times, and at such time and places in the Town of Lincoln as the Court, or Judge, holding same, shall appoint, subject however to the provision that a regular court session shall be held on the first and/or second and/or third and/or fourth, Monday through Friday of each month or at such additional sessions as shall be deemed necessary. The first regularly scheduled session each month shall be for all matters for which the Municipal Court has concurrent jurisdiction with the Rhode Island Traffic Tribunal as set out in § 12-8 herein. The second regularly scheduled session each month shall be for matters arising from the alleged violation of the provisions of R.I.G.L. § 45-24.3-1 et seq. ("Rhode Island Housing Maintenance and Occupancy Code") or of the provisions of the Lincoln Code of Ordinances, including minimum housing violations[1] and zoning ordinance violations;[2] provided, however, that the Municipal Court Judge may modify the calendar for the first and second regularly scheduled session each month in the event that he/she determines that such modification is required due to the Court's caseload. The calendar for any court session may be changed or modified at the discretion of the Municipal Court Judge.
[Amended 6-20-2006 by Ord. No. 06-03]
[1]
Editor's Note: See Ch. 147, Housing.
[2]
Editor's Note: See Ch. 260, Zoning.
B. 
Regular Court sessions shall be held in the Town Council Chambers at a time to be determined by the Town Clerk.
The Municipal Court shall have original and concurrent jurisdiction to hear and determine cases involving violations of:
A. 
Any ordinance of the Town of Lincoln.
B. 
Minimum housing ordinances of the Town of Lincoln[1] and violations of R.I.G.L. § 45- 24.3-1 et seq., entitled "The Rhode Island Housing Maintenance and Occupancy Code."
[1]
Editor's Note: See Ch. 147, Housing.
C. 
Any other jurisdiction conferred by state law and recited herein; provided, however, that any defendant found guilty of any offense, excluding violations of minimum housing violations or R.I.G.L. 45-23.1-1 et seq., may within seven days of conviction file an appeal to the Providence County Superior Court and be entitled in the latter court to a trial de novo; provided further that any defendant found guilty of a minimum housing ordinance or R.I.G.L. § 45-23.1-1 et seq. may, within seven days of the conviction, file an appeal to the Sixth Division of the District Court and be entitled to a trial de novo in accordance with R.I.G.L. §§ 8-8-3 (a)(4) and 8-8-3.2. With respect to violations of either municipal ordinances dealing with minimum housing or R.I.G.L. § 45-23.1-1 et seq. dealing with housing maintenance and occupancy, in furtherance of its jurisdiction, the Municipal Court shall have the power to proceed in equity to:
(1) 
Restrain, prevent, enjoin, abate or correct a violation;
(2) 
Order the repair, vacation or demolition of any dwelling existing in violation; or
(3) 
Otherwise compel compliance with all of the provisions of the Lincoln ordinances and state statutes.
D. 
The Municipal Court shall have concurrent jurisdiction with the Rhode Island Traffic Tribunal to hear and adjudicate those violations conferred upon the Municipal Court and enumerated in R.I.G.L. § 8-18-3. Adjudication of summonses by the Municipal Court shall be in conformance with R.I.G.L. § 8-18-4. The Municipal Court shall hear and decide traffic matters in a manner consistent with the procedures of the Traffic Tribunal and subject to review by the Chief Judge of the District Court in accordance with R.I.G.L. § 8-18-11. Any person desiring to appeal from an adverse decision of the Municipal Court for the violations enumerated in § 8-18-3 may seek review thereof pursuant to the provisions of R.I.G.L. § 31-41.1-8.
A. 
The Municipal Court may impose a sentence not to exceed 30 days' imprisonment and impose a fine not in excess of $500, or both, and shall be empowered to hold persons in contempt.
B. 
The Municipal Court shall impose the same penalties, sanctions, and costs which will be in conformance with those penalties, sanctions, and costs that are imposed by the Traffic Tribunal in accordance with state statutes.
A. 
The Municipal Court Judge shall prescribe and vary the form of all complaints, warrants, writs or other processes so as to make the same consistent with the organization, style, and jurisdiction of the court and such complaints, warrants, writs and other processes shall have the same effect, validity and extent, and shall be served, obeyed, enforced and retuned in the same manner and by the same officers as if issued from the District Court, and they may be served by any constable, sheriff, police officer, or other person so authorized to serve process in criminal or civil cases.
B. 
The Municipal Court Judge shall be authorized to issue search warrants to the extent warrants could be executed by a judge in the District Court.
A. 
Costs established by the Municipal Court shall be the same as those established by the District Court or the Traffic Tribunal, and the payment of the costs shall be a part of the sentence to the extent they would be in the District Court or the Traffic Tribunal.
B. 
All payments of sanctions, penalties, fines and costs shall be made in the office of the Town Clerk, then to be deposited in the General Fund of the Town of Lincoln, subject to and in compliance with the administration of the funds in accordance with R.I.G.L. §§ 8-18-5 and 8-18-6.
A. 
Judge. In case of illness, absence, conflict or other disability or ineligibility of the Municipal Court Judge, the Associate Municipal Court Judge shall serve as the Municipal Court Judge, with all the powers and duties of the Municipal Court Judge, and shall receive the pro rata salary of the Municipal Court Judge.
B. 
Permanent vacancies in the office of the Judge. In case there be a vacancy in the office of the Municipal Court Judge from any cause, the Town Council shall appoint a qualified person to fill said vacancy for the balance of the unexpired term of appointment.
C. 
If the Town Council deems it appropriate, it may appoint a qualified person as an additional Associate Municipal Court Judge to act for the Municipal Court Judge.
[1]
Editor's Note: Former § 12-12, Compensation of Municipal Court Judge and Clerk(s), as amended, was repealed 4-19-2011 by Ord. No. 2011-3.
[1]
Editor's Note: Former § 12-13, Authority in absence of Municipal Court Judge, was renumbered as § 12-12 4-19-2011 by Ord. No. 2011-4.
The Municipal Court shall be independent subject only to the provisions of the United States Constitution, the Rhode Island Constitution, Rhode Island state law and the provisions of this chapter. The affairs of the Municipal Court shall not be subject to the supervision by the Town Administrator, the Town Council or other Town agency or Town official, except to those duties under the direct supervision of the Town Clerk as they relate to the administration and operation of the Municipal Court.
Should any part or parts of this chapter or their application to any particular circumstance be held to be invalid by any court of competent jurisdiction, the remaining provisions and their application shall not be affected thereby.