[Ord. No. 2020-187, 12-21-2020]
As further provided in the Charter, there is hereby created and established a Municipal Court in and for the Town. The Municipal Court shall have jurisdiction to hear, try, and determine all alleged violations of the Charter, ordinances and other enactments of the Town. In addition to persons over the age of eighteen (18) years, the Municipal Court shall have jurisdiction over juveniles between the ages of ten (10) and eighteen (18) years.
[Ord. No. 2020-187, 12-21-2020]
The Town Council shall appoint, by a majority vote of the entire Council, a presiding municipal judge and such deputy municipal judges as the Council deems necessary. Each municipal judge shall be appointed for a two-year term.
[Ord. No. 2020-187, 12-21-2020; Ord. No. 2023-243, 4-3-2023]
(a) 
Sentencing. For each person who is convicted or enters a plea of guilty or nolo contendere to a violation of the Charter, ordinances or other enactments of the Town, the municipal judge shall, except as otherwise provided in this Article:
(1) 
Impose a fine in an amount not to exceed the maximum fine permitted under state law;
(2) 
Assess court costs in the amount provided by resolution of the Town Council in the Town Fee Schedule; and
(3) 
Assess a surcharge in the amount provided by resolution of the Town Council in the Town Fee Schedule.
(b) 
Disposition of surcharge proceeds. All proceeds of the surcharges shall be paid into the General Fund of the Town to be used for the purpose of law enforcement training or for the purchase of equipment for traffic enforcement and traffic safety.
[Ord. No. 2023-243, 4-3-2023]
When a person is convicted or enters a plea of guilty or nolo contendere to a violation of the Charter, ordinances or other enactments of the Town, the municipal judge may:
(1) 
Sentence the defendant as provided in this Article;
(2) 
Suspend all or part of the defendant's sentence;
(3) 
Defer the entry of judgment;
(4) 
Order that the defendant make restitution to the victim who suffered damages as a result of defendant's conduct;
(5) 
Require the defendant to attend a driver-training course or other appropriate class or program;
(6) 
Require the defendant to perform a specified number of hours of useful public service;
(7) 
Require the defendant to participate in a mental health or drug and alcohol evaluation and rehabilitation class or program; and/or
(8) 
Impose additional sentencing orders as the municipal judge deems reasonable and appropriate, including restorative justice.
[Ord. No. 2023-243, 4-3-2023]
In the event a defendant fails to pay any fine, cost, surcharge or restitution ordered by the municipal judge by the date so ordered, the Town may employ any method available to collect the past due funds, including, but not limited to, assignment of all or a portion of the receivables to a collection agency or private counsel. The collection agency or private counsel tasked with collection of the receivables may add collection costs to the amount due to the Town, but such collection costs shall not exceed twenty-five percent (25%) of the total amount assigned for collection.