Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[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.
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:
(a)
To restrain, prevent, enjoin, abate or correct a violation;
(b)
To order the repair, vacation or demolition of any dwelling existing in violation; or
(c)
To otherwise compel compliance with all the provisions of said ordinance and statutes.
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.
[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.