Chapter 212
2012 -- S 2132 SUBSTITUTE A
Enacted 06/12/12
A N A C T
RELATING TO
TOWNS AND CITIES -- GENERAL POWERS --
MUNICIPAL COURT
Introduced By: Senator David E. Bates
Date Introduced: January 18, 2012
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:
45-2-61.
Town of
Barrington may establish a municipal court and confer
upon that court original jurisdiction,
notwithstanding any other provisions of the general laws, to hear and
determine causes involving
the violations 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
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 within the
jurisdiction of the court, may, within seven (7) days of
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 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 subdivision 8-8-3(a)(4) and section 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
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.
(d) The town council
of the town of
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), or both. The court is
empowered to administer oaths, compel the attendance of
witnesses, 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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LC00447/SUB A
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