2012 -- S 2132

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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: Senator David E. Bates

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

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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     45-2-60. 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 the 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 the town of Barrington charter, code of ordinances, including minimum housing

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ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

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"Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that any

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defendant found guilty of any offense, excluding violation of the minimum housing ordinances or

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

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conviction to the superior court for Providence County and be entitled in the latter court to a trial

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de novo; and provided further, however, that any defendant found guilty of any violation of a

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minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file

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an appeal from the conviction to the sixth division of the district court and be entitled to a trial de

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novo in accordance with subsections 8-8-3(a)(4) and 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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judge of the district court in accordance with section 8-18-11. Any person desiring to appeal an

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

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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 and clerk of the municipal court. The town council of the town of Barrington is

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authorized and empowered to enact ordinances governing the personnel, operation and procedure

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to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide

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for the operation and management of the court. The municipal court may impose a sentence not to

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exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or

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both. The court is empowered to administer oaths, compel the attendance of witnesses and punish

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persons for contempt and to execute search warrants to the extent the warrants could be executed

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by a judge 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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