2018 -- S 2906

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LC005756

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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: Senators Pearson, and Paolino

     Date Introduced: May 17, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-2-51 of the General Laws in Chapter 45-2 entitled "General

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Powers" is hereby repealed.

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     45-2-51. Town of Lincoln -- Municipal court.

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

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

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hear and determine causes involving the violations of the town of Lincoln Charter, Code of

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Ordinances, including minimum housing ordinances of the town and any violation of the

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

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Occupancy Code"; provided, however, that any defendant found guilty of any offense, excluding

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violation of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7)

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days of conviction, file an appeal from the conviction to the superior court for Providence County

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

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defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of

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this title may, within seven (7) days of the conviction, file an appeal from the conviction to the

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sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-

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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 municipal court shall have concurrent jurisdiction with the Rhode Island Traffic

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Tribunal to hear and adjudicate those violations conferred upon the municipal court and

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enumerated in § 8-18-3. Adjudication of summons by the municipal court shall be in

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conformance with § 8-18-4. The municipal court shall hear and decide traffic matters in a manner

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consistent with the procedures of the traffic tribunal, and subject to review by the chief magistrate

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of the traffic tribunal in accordance with § 8-18-11. Any person desiring to appeal from an

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adverse decision of the municipal court for violations enumerated in § 8-18-3, may seek review

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thereof pursuant to the procedures set forth in § 31-41.1-8.

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     (d) The town council of the town of Lincoln is authorized and empowered to appoint a

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judge and clerk of the municipal court. The town council of the town of Lincoln is authorized and

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

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

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

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exceed thirty (30) days in jail and impose a fine 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 punish

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persons for contempt and to execute search warrants to the extent the warrants could be executed

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by a judge of the district court.

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     SECTION 2. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

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amended by adding thereto the following section:

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     45-2-51.1. Town of Lincoln -- Municipal court – Municipal housing court.

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

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

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hear and determine causes involving the violations of the town of Lincoln charter, or code of

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ordinances; provided, however, that any defendant found guilty of any offense, excluding

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violation of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7)

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days of conviction, file an appeal from the conviction to the superior court for Providence County

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and be entitled in the latter court to a trial de novo

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     (b) The town council of the town of Lincoln may establish a municipal housing 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 the zoning ordinances of the town

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and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning enabling

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act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any violation of

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chapter 24.2 of this title (minimum housing standards act); any violation of chapter 24.3 of this

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title (housing maintenance and occupancy code); any violation of chapter 23 of this title

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(subdivision and land development act); any violation of any local Lincoln ordinance or

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regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3

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of title 23 (the Rhode Island state building code); and any violation of the provisions of those

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regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state

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building code; SBC-2 Rhode Island state one and two (2) family dwelling code; SBC-3 Rhode

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Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island

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state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy

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conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that

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any party aggrieved by a final judgment, decree, or order of the Lincoln housing court may,

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within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the

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superior court and be entitled in the latter court to a trial de novo.

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     (c) With respect to violations falling under the jurisdiction of the Lincoln housing court,

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as outlined in subsection (b) of this section, the town council may also confer upon the housing

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court, in furtherance of the court's jurisdiction, 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;

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

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regulations, and statutes; and

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     (4) To order a dwelling into receivership and to order the removal of any cloud on the

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title to the building or property that shall be binding upon all those claiming by, through, under,

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or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

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     (d) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic

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tribunal to hear and adjudicate those violations conferred upon the municipal court and

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enumerated in § 8-18-3. Adjudication of summons by the municipal court shall be in

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conformance with § 8-18-4. The municipal court shall hear and decide traffic matters in a manner

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consistent with the procedures of the traffic tribunal, and subject to review by the chief magistrate

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of the traffic tribunal in accordance with § 8-18-11. Any person desiring to appeal from an

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adverse decision of the municipal court for violations enumerated in § 8-18-3, may seek review

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thereof pursuant to the procedures set forth in § 31-41.1-8.

 

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     (e) The town council of the town of Lincoln is authorized and empowered to appoint a

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judge and clerk of the municipal court. The town council of the town of Lincoln is also authorized

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to appoint a judge and clerk of the housing court, who may be, but is not required to be, the same

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person(s) holding the judgeship and clerk position in the municipal court. The town council of the

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town of Lincoln is authorized and empowered to enact ordinances governing the personnel,

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operation and procedure to be followed in the court and to establish a schedule of fees and costs,

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and to otherwise provide for the operation and management of these courts. The municipal and

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housing courts may impose a sentence not to exceed thirty (30) days in jail and impose a fine not

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in excess of five hundred dollars ($500), or both. The courts are empowered to administer oaths,

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compel the attendance of witnesses and punish persons for contempt and to execute search

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warrants to the extent the warrants could be executed by a judge of the district court.

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     SECTION 3. 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 repeal the authorization for the town of Lincoln to establish a municipal

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court (§ 45-2-51), and would adopt an extensive authorization for the town of Lincoln to establish

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a municipal court – municipal housing court.

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     This act would take effect upon passage.

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