Introduced By: Representatives Lowe, Burlingame, Benoit, Carroll and Rabideau
Date Introduced : April 22, 1998
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:
{ADD 45-2-46. Towns of Burrillville and North Smithfield -- Municipal Court. -- ADD} {ADD (1) The town councils of the towns of Burrillville and North Smithfield may establish a regional municipal court and confer upon such court original jurisdiction, not withstanding any other provisions of the general laws, to hear and determine causes involving violation of any ordinance, including minimum housing ordinances of either 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 of this title 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 of this title, may within seven (7) days of 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 sections 8-8-3(a)(4) and 8-8-3.2. ADD}
{ADD (2) 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 councils may also confer upon the municipal court, in furtherance of the aforesaid jurisdiction, the power to proceed according to equity: ADD}
{ADD (a) To restrain, prevent, enjoin, abate, or correct a violation; ADD}
{ADD (b) To order the repair, vacation, or demolition of any dwelling, existing in violation; or ADD}
{ADD (c) To otherwise compel compliance with all of the provisions of those ordinances and statutes. ADD}
{ADD (3) The town councils of the towns of Burrillville and North Smithfield shall be authorized and empowered to appoint a judge and clerk of the municipal court. The town councils shall be 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 fine not in excess of five hundred dollars ($500) . The court shall be 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. ADD}
SECTION 2. This act shall take effect upon passage.
