Chapter 128
2011 -- S 0031 SUBSTITUTE A AS
AMENDED
Enacted 06/28/11
A N A C T
RELATING TO
TOWNS AND CITIES --
Introduced By: Senators Algiere, and Maher
Date Introduced: January 11, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 45-2-32 of the General Laws in Chapter
45-2 entitled "General
Powers" is hereby
amended to read as follows:
45-2-32.
Town of
of
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 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 violations of the minimum housing
ordinances or chapter 24.3 within the
jurisdiction of the court, may within seven (7) 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, however, that any defendant found guilty of any
violation of a minimum housing
ordinance or of the chapter 24.3 may, within seven (7) days of
the conviction, file an appeal from
the conviction to the fourth 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
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
magistrate of the traffic tribunal 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.
(c)(d)
The town council of the town of
appoint a judge of the municipal court. The town council of
the town 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 of not in
excess of five hundred dollars ($500)
three hundred dollars ($300), or both. The court is empowered to administer oaths,
compel the
attendance of witnesses, and punish persons for contempt, and to
authorize and execute search
warrants to the extent the warrants could be authorized and
executed by a justice of the district
court.
SECTION 2. This act shall take effect upon passage.
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LC00085/SUB A
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