Chapter 374

2013 -- S 0765

Enacted 07/15/13

A N A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS

Introduced By: Senator Catherine Cool Rumsey

Date Introduced: March 13, 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:

45-2-63. Town of Richmond - Municipal court. – (a) The town council of the town of

Richmond 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

violation of the town of Richmond code of ordinances, including any minimum housing

ordinances of the town, and violations of the provisions of chapter 45-24.3, entitled the Rhode

Island housing maintenance and occupancy code; provided, however, that any defendant found

guilty of any violation of the Richmond code of ordinances, excluding any minimum housing

ordinances, may, within seven (7) days of conviction, file an appeal from the conviction to the

superior court for Washington 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 any minimum

housing ordinances or of chapter 45-23.3 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 subdivision 8-8-3(a)(4) and section 8-8-3.2.

(b) With respect to violations of any minimum housing ordinance and violations of

chapter 45-24.3 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; and

(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 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 shall 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 Richmond is authorized and empowered to appoint a

judge and a clerk of the municipal court; to enact ordinances governing the personnel, operation,

and procedure to be followed in the court; 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) per violation, 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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LC02075

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