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:

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

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Powers" is hereby amended to read as follows:

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     45-2-55. Town of North Kingstown -- Municipal Court.

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     (a) The town council of the town of North Kingstown may establish a municipal court

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and confer upon that court original jurisdiction, notwithstanding any other provisions of the

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general laws, to hear and determine causes involving the violation of any ordinance, including,

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but not limited to, municipal code violations, animal regulation violations, minimum housing

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ordinances of the town, 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" and, if, but only if, jurisdiction is

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specifically conferred by a vote of the town council, traffic and parking violations; provided,

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however, that any defendant found guilty of any offense, excluding violations of the minimum

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housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days

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of the conviction, file an appeal from the conviction to the superior court and be entitled in the

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latter court to a trial de novo; and provided, further, however, that any defendant found guilty of

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any violation of a minimum housing ordinance or of chapter 24.3 of this title may, within seven

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(7) days of conviction, file an appeal from the conviction to the second division of the district

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court and be entitled to a trial de novo in accordance with subdivision 8-8-3(a)(4) and ยง 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; or

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

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statutes.

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

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

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

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

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

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

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exceed thirty (30) days in jail and impose fines 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

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

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the extent the warrants could be authorized and 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 - NORTH KINGSTOWN MUNICIPAL COURT

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

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     This act would take effect upon passage.

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