Chapter 039
2017 -- S 0768
Enacted 06/22/2017

A N   A C T
RELATING TO TOWNS AND CITIES - GENERAL POWERS

Introduced By: Senators Lynch Prata, McCaffrey, and Calkin
Date Introduced: April 12, 2017

It is enacted by the General Assembly as follows:
     SECTION 1. Section 45-2-19 of the General Laws in Chapter 45-2 entitled "General
Powers" is hereby amended to read as follows:
     45-2-19. City of Warwick -- Municipal court.
     (a) The city council of the city of Warwick 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 violation of any ordinance, including minimum housing
ordinances, of the city and any violation of the provisions of chapter 24.3 of this title, entitled the
Rhode Island Housing Maintenance and Occupancy Code; provided, 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 five (5) 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, that any defendant found guilty of any violation of a minimum housing
ordinance, or of chapter 24.3, may, within five (5) days of the conviction, file an appeal from the
conviction to the third division of the district court and be entitled to a trial de novo in accordance
with ยงยง 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
city 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.;
     (4) To utilize and apply the provisions set forth in chapter 44 et seq. of title 34
(Abandoned Property).
     (c) The mayor of the city is authorized and empowered to appoint a judge of the
municipal court with the advice and consent of the city or town council. The city council is
authorized and empowered to enact ordinances governing the operation and procedure to be
followed in the court and to establish a schedule of fees and costs. 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.
     SECTION 2. This act shall take effect upon passage.
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LC002443
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