Chapter 096

2010 -- S 2049 SUBSTITUTE A

Enacted 06/19/10

A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

Introduced By: Senators Tassoni, P Fogarty, and Cote

Date Introduced: January 13, 2010

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:

45-2-59. Town of North Smithfield -- Municipal court. -- (a) The town council of the

town of North 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 North 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 North Smithfield is authorized and empowered to

appoint a judge and clerk of the municipal court. The town council of the town of North

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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LC00390/SUB A

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