2017 -- H 5950

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LC002166

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES - NORTH KINGSTOWN MUNICIPAL COURT

     Introduced By: Representatives Casimiro, Craven, Ruggiero, Knight, and Shanley

     Date Introduced: March 17, 2017

     Referred To: House 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 warrants 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.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - NORTH KINGSTOWN MUNICIPAL COURT

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     This act would allow the North Kingstown Municipal Court to issue arrest warrants.

     This act would take effect upon passage.

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