2022 -- H 7418

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LC004483

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES – APPLICABILITY OF TRAFFIC

REGULATIONS

     Introduced By: Representatives Bennett, Vella-Wilkinson, Shekarchi, McNamara,
Solomon, Serpa, P Morgan, and Casimiro

     Date Introduced: February 09, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-12-12 of the General Laws in Chapter 31-12 entitled

"Applicability of Traffic Regulations" is hereby amended to read as follows:

     31-12-12. Powers of local authorities.

     (a) The provisions of chapters 12 -- 27 of this title shall not be deemed to prevent local

authorities with respect to streets and highways under their jurisdiction and within the reasonable

exercise of the police power from:

     (1) Regulating the standing or parking of vehicles;

     (2) Regulating traffic by means of police officers or traffic control signals;

     (3) Regulating or prohibiting processions or assemblages on the highways;

     (4) Designating particular highways as one-way highways and requiring that all vehicles

on them be moved in one specific direction;

     (5) Regulating the speed of vehicles in public parks;

     (6) Designating any highway as a through highway and requiring that all vehicles stop

before entering or crossing the highway or designating any intersection as a stop intersection and

requiring all vehicles to stop at one or more entrances to the stop intersection;

     (7) Restricting the use of highways as authorized in §§ 31-25-25 and 31-25-26;

     (8) Regulating the operation of bicycles and requiring the registration and licensing of

bicycles, including the requirement of a registration fee;

     (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles at

intersections;

     (10) Altering the prima facie speed limits as authorized by these chapters;

     (11) Adopting any other traffic regulations that are specifically authorized by chapters 12

-- 27 of this title.

     (b) The city council of the city of Woonsocket is authorized and empowered to enact

ordinances providing that the chief of police, or the police officers as he or she may from time to

time designate, may impound, by means of a "Denver boot" or other immobilization device, or

cause to be impounded, through the agency of a person or persons in the employ of the city of

Woonsocket or the police department, or by independent contractor, any vehicle parked or standing

on any part of any way under the control of the city, if in the calendar year in which the vehicle is

so impounded and in the preceding calendar year, the aggregate of five (5) or more notices of

violation of any ordinances adopted for the regulation of parking of motor vehicles whether adopted

prior to or subsequent to the passage of this chapter), have been affixed to the vehicle. The

ordinance shall provide for a post-impoundment hearing which shall be held between the time of

impoundment and not more than seven (7) days afterwards, at which any defense may be asserted.

The ordinance may impose liability for the reasonable cost of the impoundment on the owner of

the vehicle, and may provide that if a vehicle is so impounded, the vehicle shall be held until all

fines and charges lawfully imposed for the impoundment have been paid. The police department

shall promptly mail written notice to the registered owner of the impounded vehicle, directed to the

address furnished by the division of motor vehicles of motor vehicles or comparable agency of the

state in which the vehicle is registered, stating the date on which the vehicle was impounded, the

location at which it was impounded, and a statement that it will be released on the payment of all

fines and charges lawfully imposed for the impoundment If, after thirty (30) days of mailing of the

notice to the registered owner as provided for in this subsection, the owner has not paid all fines

and charges imposed for the impounding, the vehicle so impounded shall be deemed to have been

abandoned and may be disposed of in accordance with §§ 31-22-14, 31-22-15, 31-22-17 and 31-

22-18, first applying the proceeds to pay all fines and charges imposed for the impoundment.

Vehicles owned by the state or a political subdivision of it; by the United States or any

instrumentality of it; or registered by a member of a foreign diplomatic corps or by a foreign

consular officer who is a citizen of the United States and bearing a distinctive number plate or

otherwise conspicuously marked as so owned or registered; and vehicles and persons described in

§§ 31-28-4, 31-28-6 and 31-28-7; shall not, however, be subject to impoundment. Violations of

this section are subject to fines enumerated in § 31-41.1-4.

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     (c) The city council of the city of Warwick is authorized and empowered to enact

ordinances providing that the chief of police, or the police officers as he or she may from time to

time designate, may impound unregistered off-road recreational vehicles and snowmobiles that are

unlawfully used on public roads and, after notice and hearing in the Warwick municipal court, may

destroy such vehicles and snowmobiles so impounded. Further, the city council of the city of

Warwick is authorized and empowered to enact ordinances prohibiting gasoline filling stations

from selling gasoline and gasoline products to unregistered off-road recreational vehicles and

snowmobiles.

     SECTION 2. 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 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;

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

statutes; or

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

Property).

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

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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 municipal court may also order the destruction of any vehicle impounded in accordance

with any ordinance enacted pursuant to § 31-12-12(c). The court is empowered to administer oaths,

compel the attendance of witnesses, and punish persons for contempt.

     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 MOTOR AND OTHER VEHICLES – APPLICABILITY OF TRAFFIC

REGULATIONS

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     This act would allow the city council of the city of Warwick to enact ordinances authorizing

the Warwick police department to impounded off-road non-registered vehicles that are unlawfully

used on public streets. Additionally, after a hearing in the Warwick municipal court, the impounded

off-road non-registered vehicles might be ordered destroyed. The city council would also be

allowed to enact ordinances prohibiting off-road non-registered vehicles from purchasing fuel at

gas stations.

     This act would take effect upon passage.

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