§ 2.40.050. Proceedings.  


Latest version.
  • A.

    The proceedings shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to limited jurisdiction courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith.

    B.

    The municipal court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged and such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint.

    C.

    If the magistrate is satisfied that the offense complained of has been committed by the person charged, the magistrate shall issue a summons or a warrant of arrest. Before issuing a summons or warrant on a complaint, the magistrate may subpoena and examine witnesses as to the truth of the complaint.

    (Prior code § 5-3-1)

(Ord. No. 2015-07, Exh. A, 11-3-2015)