Chapter 433

2005 -- H 6631

Enacted 07/19/05

A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS     

Introduced By: Representative William J. McManus

Date Introduced: June 23, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

amended by adding thereto the following section:

45-2-51. Town of Lincoln -- Municipal court. -- (a) The town council of the town of

Lincoln 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 violations of the town of Lincoln Charter, Code of Ordinances, including minimum housing

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

“Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any

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

chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the

conviction to the superior court for Providence County and be entitled in the latter court to a trial

de novo; and provided further, however, that any defendant found guilty of any violation of a

minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file

an appeal from the conviction to the sixth division of the district court and be entitled to a trial de

novo in accordance with sections 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

town 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.

(c) The municipal court shall have concurrent jurisdiction with the Rhode Island Traffic

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

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

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

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

judge of the district court in accordance with section 8-18-11. Any person desiring to appeal from

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

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

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

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

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

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

operation and management of the court. 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 and to execute search warrants to the extent the warrants could be executed

by a judge of the district court.

     SECTION 2. This act shall take effect upon passage.     

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LC02863

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