2013 -- S 0765

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LC02075

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS

     Introduced By: Senator Catherine Cool Rumsey

     Date Introduced: March 13, 2013

     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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     45-2-63. Town of Richmond - Municipal court. – (a) The town council of the town of

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Richmond 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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violation of the town of Richmond code of ordinances, including any minimum housing

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ordinances of the town, and violations of the provisions of chapter 45-24.3, entitled the Rhode

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Island housing maintenance and occupancy code; provided, however, that any defendant found

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guilty of any violation of the Richmond code of ordinances, excluding any minimum housing

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ordinances, may, within seven (7) days of conviction, file an appeal from the conviction to the

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superior court for Washington County and be entitled in the latter court to a trial de novo; and,

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provided further, however, that any defendant found guilty of any violation of any minimum

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housing ordinances or of chapter 45-23.3 may, within seven (7) days of the conviction, file an

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

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

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     (b) With respect to violations of any minimum housing ordinance and violations of

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chapter 45-24.3 et seq., of this title dealing with housing maintenance and occupancy, the town

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

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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; and

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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 enumerated in section 8-18-3. Adjudication of

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summons by the municipal court shall be in conformance with section 8-18-4. The municipal

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court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic

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tribunal, and shall be subject to review by the chief magistrate of the traffic tribunal in accordance

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with section 8-18-11. Any person desiring to appeal an adverse decision of the municipal court

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for violations enumerated in section 8-18-3 may seek review thereof pursuant to the procedures

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set forth in section 31-41.1-8.

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

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judge and a clerk of the municipal court; to enact ordinances governing the personnel, operation,

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and procedure to be followed in the court; to establish a schedule of fees and costs; and to

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otherwise provide for the operation and management of the court. The municipal court may

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impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five

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hundred dollars ($500) per violation, or both. The court is empowered to administer oaths,

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compel the attendance of witnesses, and punish persons for contempt and to execute search

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warrants to the extent the warrants could be executed 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

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     This act would establish a municipal court in the town of Richmond.

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     This act would take effect upon passage.

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LC02075

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