2012 -- H 7473 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- BARRINGTON

MUNICIPAL COURT

     Introduced By: Representatives Malik, and Hearn

     Date Introduced: February 09, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

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amended by adding thereto the following section:

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     45-2-61. Town of Barrington -- Municipal court. -- (a) The town council of the town of

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Barrington may establish a municipal court and confer upon that court original jurisdiction,

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notwithstanding any other provisions of the general laws, to hear and determine causes involving

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the violations of any ordinance, including minimum housing ordinances of the town and any

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violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing

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Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any

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offense, excluding violation of the minimum housing ordinances or chapter 24.3 within the

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jurisdiction of the court, may, within seven (7) days of conviction, file an appeal from the

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conviction to the superior court and be entitled in the latter court to a trial de novo; and provided

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further, however, that any defendant found guilty of any violation of a minimum housing

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ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file an appeal from the

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conviction to the sixth division of the district court and be entitled to a trial de novo in accordance

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with subdivision 8-8-3(a)(4) and section 8-8-3.2.

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      (b) With respect to violations of either municipal ordinances dealing with minimum

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housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the

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town council may also confer upon the municipal court, in furtherance of the court's jurisdiction,

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the power to proceed according to equity:

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      (1) To restrain, prevent, enjoin, abate or correct a violation;

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      (2) To order the repair, vacation or demolition of any dwelling existing in violation;

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      (3) To otherwise compel compliance with all of the provisions of the ordinances and

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statutes.

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      (c) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic

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tribunal to hear and adjudicate those violations conferred upon the municipal court and

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enumerated in section 8-18-3. Adjudication of summons by the municipal court shall be in

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conformance with section 8-18-4. The municipal court shall hear and decide traffic matters in a

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manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief

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magistrate of the traffic tribunal in accordance with section 8-18-11. Any person desiring to

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appeal an adverse decision of the municipal court for violations enumerated in section 8-18-3,

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may seek review thereof pursuant to the procedures set forth in section 31-41.1-8.

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      (d) The town council of the town of Barrington is authorized and empowered to appoint

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a judge of the municipal court. The town council of the town is authorized and empowered to

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enact ordinances governing the personnel, operation and procedure to be followed in the court

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and to establish a schedule of fees and costs, and to otherwise provide for the operation and

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management of the court. The municipal court may impose a sentence not to exceed thirty (30)

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days in jail and impose a fine of not in excess of five hundred dollars ($500), or both. The court is

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empowered to administer oaths, compel the attendance of witnesses, punish persons for contempt

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and to authorize and execute search warrants to the extent the warrants could be authorized and

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executed by a justice of the district court.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- BARRINGTON

MUNICIPAL COURT

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     This act would authorize the Town of Barrington to establish a municipal court.

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     This act would take effect upon passage.

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LC01331/SUB A/2

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