Chapter 453
2008 -- S 2913
Enacted 07/08/08
A N A C T
RELATING
TO CITIES AND TOWNS -- GENERAL POWERS
Introduced
By: Senator John J. Tassoni
Date
Introduced: April 01, 2008
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:
45-2-58.
Town of Smithfield -- municipal court. – (a) The town council of the
town of
Smithfield 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 Smithfield
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 subsections
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;
(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 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 be subject to review by the chief
judge of the district court in accordance with
section 8-18-11. Any person desiring to appeal 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 Smithfield is authorized and empowered to appoint a
judge and clerk of the municipal court. The town
council of the town of Smithfield 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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LC02622
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