2017 -- S 0768

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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 - GENERAL POWERS

     Introduced By: Senators Lynch Prata, McCaffrey, and Calkin

     Date Introduced: April 12, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-2-19 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-19. City of Warwick -- Municipal court.

     (a) The city council of the city of Warwick may establish a municipal court and confer

upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to

hear and determine causes involving the violation of any ordinance, including minimum housing

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

Rhode Island Housing Maintenance and Occupancy Code; provided, 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 five (5) 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, that any defendant found guilty of any violation of a minimum housing

ordinance, or of chapter 24.3, may, within five (5) days of the conviction, file an appeal from the

conviction to the third division of the district court and be entitled to a trial de novo in accordance

with §§ 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

city 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 the ordinances and

statutes.

     (4) To utilize and apply the provisions set forth in chapter 44 et seq. of title 34

(Abandoned Property).

     (c) The mayor of the city is authorized and empowered to appoint a judge of the

municipal court with the advice and consent of the city or town council. The city council is

authorized and empowered to enact ordinances governing the operation and procedure to be

followed in the court and to establish a schedule of fees and costs. The municipal court may

impose a sentence not to exceed thirty (30) days in jail and impose a fine 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.

     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 allow the city council of Warwick to confer upon its municipal court the

jurisdiction to apply the provisions of chapter 44 of title 34 regarding abandoned property.

     This act would take effect upon passage.

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