2018 -- S 2686

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LC005201

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-2-37 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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     45-2-37. Town of Middletown -- Municipal court.

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     (a) The town council of the town of Middletown may establish a municipal court and

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

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

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housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title,

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entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that

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any defendant found guilty of any offense, excluding violation of the minimum housing

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

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conviction, file an appeal from the conviction to the superior court for Newport county and be

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entitled in the latter court to a trial de novo; and provided further, however, that any defendant

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found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may, within

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

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district court and be entitled to a trial de novo in accordance with ยงยง 8-8-3(a)(4) and 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 the ordinances and

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statutes.

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     (c) The town council of the town of Middletown is authorized and empowered to appoint

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a judge of the municipal court. The town council of that town is authorized and empowered to

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enact ordinances governing the personnel, operation and procedure to be followed in the court

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and to establish a schedule of fees and costs, and to otherwise provide for the operation and

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management of the court. The municipal court may impose a sentence not to exceed thirty (30)

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days in jail and impose a fine of not in excess of five hundred dollars ($500) one thousand dollars

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($1,000), or both. The court is empowered to administer oaths, compel the attendance of

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witnesses and punish persons for contempt and to execute search warrants to the extent the

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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 authorize the Middletown Municipal Court to impose fines not exceeding

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one thousand dollars ($1,000).

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     This act would take effect upon passage.

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