(Editor's note--Section 1 of Ch. 5702, adopted Jan. 4, 1993, adopted by reference Public Law Ch. 92-433, which amended R.I.G.L. Title 8.)
Pursuant to R.I.G.L. 45-2-25, as amended, there is established a municipal court in the City of Woonsocket. (Ch. No. 4608, 10-20-86)
(a) The municipal court shall be composed of one (1) judge who shall be appointed by the city council. Said judge shall serve until his successor shall be duly appointed as aforesaid.
(b) The term of appointment shall be for a term of office concurrent with that of the city council and until his successor is appointed and qualified.
(c) The judge of the municipal court shall be a lawyer admitted to practice before the supreme court of the state and shall have had at least five (5) years' experience in the active practice of law. (Ch. No. 4608, 10-20-86)
The municipal court shall have the power to issue writs of summons 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 think proper with 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 institution until such recognizance shall be given or the parties lawfully discharged therefrom. (Ch. No. 4608, 10-20-86)
Whenever the municipal court judge is absent or unable to perform his or her duties due to sickness, disability, absence, Scheduling or other reason or if there is a vacancy in such office, the duties of such municipal court judge may be performed temporarily by the probate court judge. The acts of said probate court judge, acting in said municipal court capacity, shall have the same effect as if performed by said municipal court judge. If the city council deems it appropriate, the city council may appoint an additional associate municipal court judge to act for the regular municipal court judge under the same conditions as the probate court judge would have performed the duties of the regular municipal court judge.
(Ch. No. 4608, 10-20-86; Ch. No. 4852, Sec. 1, 11-2-87; Ch. No. 5702, Sec. 2, 1-4-93; Ch. No. 5840, Sec. 1, 1-3-94)
The city clerk or his designate shall assume all of the duties of the clerk of the municipal court. (Ch. No. 4608, 10-20-86)
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 and bail commissioner setting bail for defendant until the court is in session. (Ch. No. 4608, 10-20-86; Ch. No. 4685, Sec. 1, 3-2-87)
The municipal court shall have a seal which shall contain such words and device as the city council shall adopt and approve.
The judge of municipal court shall have the power to administer oaths and affirmations. (Ch. No. 4608, 10-20-86)
The municipal court shall be considered to be in session at all times, at such place or places in the same city as the court or the justice holding may appoint. (Ch. No. 4608, 10-20-86)
(a) The city council hereby confers upon the municipal court original jurisdiction to hear and determine causes involving violations of all ordinances of the City of Woonsocket and violations of Title 45, Chapter 24.3 of R.I.G.L., entitled, "The Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that:
(1) Any defendant found guilty of any offense subject to the jurisdiction of this court, excluding violations of Chapter 12 of the Code of Ordinances of the City of Woonsocket, Rhode Island, or Chapter 24.3 of R.I.G.L., may, within seven (7) days of such conviction [file an appeal] to the Providence County Superior Court and be entitled in said court to a trial de novo.
(2) Any defendant found guilty of a violation of Chapter 12 of the Code of Ordinances of the City of Woonsocket and of Title 45, Chapter 24.3 of R.I.G.L. may, within seven (7) days of such conviction, file an appeal from said conviction to the Sixth Division of the District Court and be entitled to a trial de novo. (Ch. No. 6728, Sec. 1, 6-5-00)
(b) With respect to violations of either municipal ordinances dealing with minimum housing, Chapter 12 of the Code of Ordinances, City of Woonsocket, Rhode Island, or Chapter 24.3 of R.I.G.L., the court shall have the power to proceed to equity:
(1) To restrain, prevent, enjoin, abate or correct a violation;
(2) To order the repair, vacation or demolition of any dwelling existing in violation; or
(3) To otherwise compel compliance with all provisions of said ordinances and statutes. (Ch. No. 4608, 10-20-86)
The municipal court may impose a sentence not to exceed thirty (30) days in jail, impose a fine not in excess of five hundred dollars ($500.00), and impose community service not to exceed forty (40) hours or any combination of all three (3) (fines, imprisonment, community service) and shall be empowered to punish persons for contempt. (Ch. No. 4608, 10-20-86; Ch. No. 4803, Sec. 1, 9-8-87)
It shall be lawful for the judge of the municipal 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, obeyed, enforced, and returned, in the same manner and by the same officers, as if issued by the district courts; and they may be served by any constables who are 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 City of Woonsocket. (Ch. No. 4608, 10-20-86)
Costs imposed by the municipal court shall be in the amount of thirty-five dollars ($35.00), but may be changed from time to time by the city council. (Ch. No. 4608, 10-20-87; Ch. No. 4852, Sec. 2, 11-2-87; Ch. No. 4995, Sec. 1, 8-1-88; Ch. No. 5702, Sec. 3, 1-4-93; Ch. No. 7675, Sec. 1, 5-23-2012)
The compensation of the judge of municipal court shall be set by the city council. (Ch. No. 4608, 10-20-86)
Twenty-five (25) percent of the dollar amount of fines imposed by the municipal court upon defendants who have been charged by the Woonsocket police department shall be appropriated directly to the public safety department, police division 010-78052-141 (overtime account) upon receipt of said fines by the municipal court. Said twenty-five (25) percent appropriation shall be used exclusively to reimburse the police department for the ancillary personnel costs incurred by said department (i) in the process of bringing defendants to the municipal court for adjudication of the violation(s) of which they are accused and/or enforcement of the court-ordered remedy, and (ii) in the enforcement of offenses within the jurisdiction of the municipal court, including, without limitation, the abatement of nuisances; protection of the health, safety and welfare of the inhabitants of the City of Woonsocket; and the preservation of good order. (Ch. No. 5154, Sec. 1, 8-7-89; Ch. No. 5574, Sec. 1, 4-20-92)