2015 -- S 0843

========

LC002411

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO TOWNS AND CITIES - NORTH KINGSTOWN MUNICIPAL COURT

     Introduced By: Senators Sheehan, and Gee

     Date Introduced: April 15, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-2-55 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-55. Town of North Kingstown -- Municipal Court. -- (a) The town council of the

town of North Kingstown may establish a municipal court and confer upon that court original

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

causes involving the violation of any ordinance, including, but not limited to, municipal code

violations, animal regulation violations, minimum housing ordinances of the town, any violation

of the provisions of chapter 24.3 of this title, entitled the "Rhode Island Housing Maintenance and

Occupancy Code" and, if, but only if, jurisdiction is specifically conferred by a vote of the town

council, traffic and parking violations; provided, however, that any defendant found guilty of any

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

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

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

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

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

from the conviction to the second division of the district court and be entitled to a trial de novo in

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

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

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

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

the power to proceed according 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 of the provisions of those ordinances and

statutes.

      (c) The town council of the town of North Kingstown is authorized and empowered to

appoint a judge of the municipal court. The judge shall serve for a term of two (2) years, or

concurrent with the term of each appointing council. The town council of the town is authorized

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

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

the operation and management of the court. The municipal court may impose sentences not to

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

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

punish persons for contempt, and to authorize and execute search and arrest warrants to the extent

the warrants could be authorized and executed by a justice of the district court.

     SECTION 2. This act shall take effect upon passage.

========

LC002411

========

LC002411 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - NORTH KINGSTOWN MUNICIPAL COURT

***

     This act would grant the North Kingstown Municipal Court the power to issue arrest

warrants.

     This act would take effect upon passage.

========

LC002411

========

LC002411 - Page 3 of 3