Introduced By: Representatives Shavers, G. Levesque, Crowley, Callahan and Long
Date Introduced : May 6, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Chapter XI of the Newport City Charter entitled "Municipal Court" is hereby amended to read as follows:
CHAPTER XI
MUNICIPAL COURT
Section 11-1. Established. -- (1) The city council of the city of Newport may establish a municipal court and confer upon such court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving violation of any ordinance, including minimum housing {ADD , historical area zoning ADD} and zoning ordinances, of said city and any violation of the provisions of chapter 45-24.3 entitled, "The Rhode Island Housing Maintenance and Occupancy Code" {ADD and to hear and determine proceedings brought pursuant to section 23-27.3-122.2 and to have jurisdiction conferred on courts therein ADD}; provided, however, that any defendant found guilty of any offense, excluding violations of said minimum housing ordinances or chapter 45-24.3 within the jurisdiction of said court, may within seven (7) days of such conviction, file an appeal from said conviction to the Newport 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 said chapter 45-24.3, may within seven (7) days of such conviction, file an appeal from said conviction to the second division of the district court and be entitled to a trial de novo in accordance with section 8-8-3(a)(4) and 8-8-3.2.
(2) With respect to violations of either municipal ordinances dealing with minimum housing {ADD , historical area zoning or zoning ordinances ADD} or chapter 45-24.3 et seq. of this title dealing with housing maintenance and occupancy or chapter 45-24 et seq. of this title dealing with the enforcement of zoning regulations {ADD or section 23-27.3-122.2 regarding prosecution of violations of the state building code ADD}, the city council may confer upon said municipal court, in furtherance of the aforesaid jurisdiction, the power to proceed according to equity;
(a) to restrain, prevent, enjoin, abate or correct a violation;
(b) to order the repair, vacation or demolition of any dwelling existing in violation; or
(c) to otherwise compel compliance with all of the provisions of said ordinances and statutes;
(d) to hear causes pursuant to chapter 12-4-1 and order the posting of recognizance to keep the peace in accordance with said chapter.
{ADD (e) to require that all fines or costs ordered to be paid by landowners of real property located in the city, by final judgment of the municipal court in any proceeding dealing with minimum housing, historical area zoning, zoning or chapter 45-24.3, regarding housing maintenance and occupancy or prosecutions pursuant to section 23-27.3-122.2, shall constitute a lien on the property in the city giving rise to the violation in question. ADD}
(3) The city council of the city of Newport shall be authorized and empowered to appoint a judge of said municipal court. The city council of said city shall be authorized and empowered to enact ordinances governing the personnel, operation and procedure to be followed in said court and to establish a schedule of fees and costs. Said ordinances may contain procedures for the disposition of offenses without the necessity of personal appearance of the offender before the court. Said municipal court may impose a sentence not to exceed thirty (30) days in jail and/or impose a fine not in excess of five hundred dollars ($500) and {ADD /or require community service ADD} or any combination thereof. Said court shall be empowered to administer oaths, compel the attendance of witnesses and punish persons for contempt.
SECTION 2. The question of the approval of this act shall be submitted to the electors of the city of Newport at the next local election. The question shall be submitted in substantially the following form: "Shall an act passed in January session A.D. 1998 of the general assembly entitled 'An Act Amending the City Charter of the City of Newport By Expanding the Jurisdiction of the Municipal Court to Authorize the Court to Require Posting of Recognizance to Keep the Peace and authorize the use of community service?"
SECTION 3. The local board, as defined in section 17-1-2 of the general laws, shall forthwith after the election notify the secretary of state of the result of the vote upon the question submitted. The polling place or places shall be designated by the local board and the election shall be held in conformity with the election laws of the state.
SECTION 4. This section and sections 2 and 3 of this act shall take effect upon passage and section 1 of this act shall take effect if and when a majority of the persons voting upon the proposition contained in section 2 have indicated their approval thereof.
