[Adopted 4-3-1913; 5-9-1972; 12-11-1973
(Ch. 1, Art. II, of the 1985 Code of Ordinances]
Whenever in this Code or in any ordinance of the Town any act is prohibited
or is made or declared to be unlawful or an offense, or whenever in such Code
or ordinance the doing of any act is required or the failure to do any act
is declared to be unlawful or an offense, where no specific punishment is
provided therefor, the violation of any such provision of this Code or any
such ordinance shall be punished by a fine of not more than $100 or by imprisonment
in the county jail for not more than 30 days, unless other penalties therefor,
or penalties within other limits, are specially prescribed by statute. Each
day any violation of this Code or of any such ordinance shall continue shall
constitute a separate offense.[1]
[1]
Editor's Note: State law reference - Penalties for ordinance violations,
G.L. 1956, § 45-6-2.
The Town sergeant and every constable and police constable of this Town
and every Town sergeant, constable and police constable hereafter elected
and qualified to act in said capacities are hereby designated and appointed
prosecuting officers in accordance with the provisions of G.L. 1956, § 45-6-8.
All violations of the provisions of this Code, or any ordinance that
shall be hereafter enacted by the Town Council, shall be prosecuted by complaint
and warrant and shall be directed to the sheriff of the county, his deputies
or any of the Town sergeants or constables in the county, and returnable to
the District Court of the Seventh Judicial District of the state.
In all cases of complaint under any ordinance of the Town, or in violation
of any statute of the state, the fines, fees, forfeitures and witness, complaint
or warrant fees shall, when not otherwise provided by law, inure to the benefit
of the office supply account within the Police Department. This section shall
apply only to regular members of the permanent Police Department of the Town.
Whenever any complaint for the violation of any ordinance of this Town is made by any of the officers designated in § 1-10, said officer shall not be required to give surety for costs.
No complaint shall be made under the ordinances of this Town after 30
days after the commission of the offense.
In all prosecutions under the ordinances of this Town the costs shall
be the same as in criminal proceedings before the District Court of the Seventh
Judicial District of the state, and on conviction, the payment of said costs
shall be a part of the sentence of the respondent, who shall be committed
to the county jail on default of payment of the fine or costs, or both, until
the same are paid or lawfully remitted.
In all cases where any complaint under the ordinances of this Town is
dismissed or the accused discharged, the costs shall be taxed against the
complainant and collected in the manner prescribed by G.L. 1956, § 12-6-8;
provided, however, that where such complaint is made by an officer appointed
by the Town Council to execute the ordinances of this Town, or an officer
elected by the Town for the same purpose, said costs shall be paid by the
Town.
In addition to the penalty provided in § 1-9, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be, by the Town, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.[1]
[1]
Editor's Note: State law reference - Ordinances for abatement of nuisances,
G.L. 1956, § 23-19.2-7.
