[HISTORY: Adopted by the Town Council of the Town of Barrington 2-4-2013 by Ord. No.
2012-9. Amendments noted where applicable.]
Pursuant to R.I.G.L. § 45-2-60, there is hereby established
a Municipal Court in the Town of Barrington with the powers set forth
in this chapter for the purpose of hearing all cases referred to such
court by department heads and officials of the Town of Barrington.
A.
The Town Council hereby confers on the Municipal Court original jurisdiction
to hear and determine cases involving violations of:
B.
Provided, however, that:
(1)
Any defendant found guilty of any offense, excluding violations of
said minimum housing ordinances, or R.I.G.L. § 45-24.3,
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
(2)
Provided further, however, that any defendant found guilty of any
violation of a minimum housing ordinance, or of R.I.G.L. § 45-24.3,
may, within seven days of such conviction, file an appeal from said
conviction to the Rhode Island 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.
C.
With respect to violations of municipal ordinances dealing with minimum
housing, or R.I.G.L. § 45-24.3 and violations of zoning
ordinances or R.I.G.L. § 45-24, the Town Council hereby
confers upon said Municipal Court, in furtherance of the aforementioned
jurisdiction, the power to proceed according to equity:
D.
With respect to violations of all municipal ordinances, the Town
Council hereby confers upon said Municipal Court, in furtherance of
the aforementioned jurisdiction, the power to fine violators in accordance
with applicable provisions of the Town Code and enabling legislation.
[Amended 10-2-2017 by Ord. No. 2017-15]
E.
With respect to violations of municipal ordinances addressing both moving and nonmoving traffic violations, the Town Council hereby confers upon said Municipal Court, in furtherance of the aforementioned jurisdiction, the power to fine violators in accordance with §§ 179-6 through 179-16.
[Amended 10-2-2017 by Ord. No. 2017-15]
F.
Any defendant found guilty of an offense over which the Municipal
Court has jurisdiction pursuant to R.I.G.L. § 8-18-3 may
file an appeal as set forth in R.I.G.L. §§ 8-18-9 and
31-43-4.
[Amended 10-2-2017 by Ord. No. 2017-15]
Said Municipal Court may impose a fine not in excess of $500 for each offense, and shall be empowered to punish persons for contempt by fine. Provided, however, where jurisdiction is conferred upon the Municipal Court pursuant to R.I.G.L. § 8-18-3(b)(3), all penalties assessed shall be consistent with the violation schedule contained in Appendix Chapter A225, § A225-1, of this Code, and R.I.G.L. Title 31, Chapter 41.1.
A.
The Court shall be composed of a Judge appointed by the Town Council.
The Judge shall serve until their successor shall be duly appointed
as set forth herein.
B.
Except for the initial appointment, the term of the appointment of
the Judge shall be for a period of two calendar years commencing on
January 1 and ending on December 31 and until their successor is appointed
and qualified. The initial term shall begin when the Town Council
appoints the first Judge and the appointment shall end on December
31 of the second year.
C.
The Judge shall be a lawyer admitted to practice before the state
Supreme Court, in good standing, and shall have not less than 15 years'
experience in the active practice of law, including trial advocacy.
A.
The Town Council shall appoint a Clerk of said court.
B.
The term of the appointment for the Clerk shall be for a period of
two calendar years commencing on January 1 and ending on December
31 and until their successor is appointed and qualified. The initial
term of appointment shall begin when the Town Council appoints the
first Clerk and the appointment shall end on December 31 of the second
year.
C.
The Court Clerk 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 Clerks of the Superior Court. The Clerk shall keep the office open
to the public during such hours as the Court shall determine. The
Court Clerk shall also be responsible for the administration of the
Court.
D.
The Judge shall set bail for defendants as necessary.
E.
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.
F.
Nothing contained herein shall prohibit the Town Clerk from also
being the Municipal Court Clerk.
The Town Council, by resolution, shall determine the compensation
of the Judge of the Municipal Court and the Clerk of the Municipal
Court.
A.
In cases of sickness, absence, or other disability or ineligibility
of the Municipal Court Judge or Clerk which shall be less than 45
days, the Town Council may appoint an acting Judge, and the Town Manager
may appoint an acting Clerk at such salary as the Town Council may
determine, for the term of such sickness, absence, disability or ineligibility
of said Judge or Clerk. An acting Judge or acting Clerk shall perform
all duties of the Municipal Court Judge or Municipal Court Clerk,
respectively.
B.
In cases of a prolonged sickness, absence, or other disability or
ineligibility of the Municipal Court Judge or Municipal Court Clerk
that shall exceed 45 days, the Town Council may, by resolution, appoint
an acting Municipal Court Judge or 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 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 said duties, shall have the same effect
as if performed by the Municipal Court Judge or Municipal Court Clerk,
respectively.
C.
In case the Municipal Court Judge must recuse due to a conflict in
a specific case, the Barrington Probate Judge shall sit as the Municipal
Court Judge.
A.
The Town Council shall appoint a Bailiff of said court.
B.
The term of appointment for the Bailiff shall be for a period of
two calendar years commencing on January 1 and ending on December
31 and until their successor is appointed and qualified. The initial
term of appointment shall begin when the Town Council appoints the
first Bailiff, and the appointment shall end on December 31 of the
second year.
C.
The Bailiff of the Court shall maintain order in the courtroom, assist
the Clerk in the administration of the Court's docket and with the
disposition of cases.
D.
Nothing contained herein shall prohibit the Police Department or
the Town administration from providing the assistance necessary to
keep order in the Court.
E.
Nothing contained herein shall prohibit the Town Bailiff from also
serving as the Town Sergeant.
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 complaint, 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
law enforcement officer or constable of the Town who are authorized
to serve process in civil or criminal cases.
A.
The Court shall have the power to issue writs or summonses for witnesses,
and compel their attendance. 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 said court shall deem proper, with the condition to
appear before said court make further answer or such complaint or
proceeding, and in the meantime to keep the peace, and, in want hereof,
may commit the same to the state adult correctional institutions until
such recognizance be given, or the parties lawfully discharged therefrom.
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 said court, or Judge
holding same, shall appoint.
B.
In all cases involving motor vehicle violations, the Court shall
operate in a manner consistent with R.I.G.L. 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.
A.
In the Municipal Court, in all cases involving offenses over which
jurisdiction is pursuant to R.I.G.L. § 8-18-3, court costs
shall be assessed as set forth in R.I.G.L. § 8-18-4. In
all other cases, costs shall be imposed in the amount of $45 for each
offense charged, and the payment of said 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 request of the defendant, shall be charged to the defendant in
the event that they should fail to appear.
Should any part or parts of this article, or their application
to any particular circumstance, be held invalid, the remaining provisions,
and their application, shall not be affected thereby.
This chapter shall take effect upon its passage, and all other
ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
