Chapter 108
2013 -- H 6044
Enacted 06/18/13
A N A C T
RELATING TO
CITIES AND TOWNS - THE TOWN OF
COURT
Introduced By: Representatives Canario, Edwards, Gallison, and Finn
Date Introduced: April 25, 2013
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:
45-2-62.
Town of
Portsmouth 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 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 for
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 second 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 and clerk of the municipal court. The town
council 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
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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LC02449
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