Title 45
Towns and Cities

Chapter 2
General Powers

§ 45-2-51.1. Town of Lincoln — Municipal court — Municipal housing court.

(a) The town council of the town of Lincoln 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 the town of Lincoln charter, or code of ordinances; provided, however, that any defendant found guilty of any offense, excluding violation 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 for Providence county and be entitled in the latter court to a trial de novo.

(b) The town council of the town of Lincoln may establish a municipal housing 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 the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning enabling act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter 24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this title (subdivision and land development act); any violation of any local Lincoln ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state building code; SBC-2 Rhode Island state one- and two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree, or order of the Lincoln housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the superior court and be entitled in the latter court to a trial de novo.

(c) With respect to violations falling under the jurisdiction of the Lincoln housing court, as outlined in subsection (b) of this section, the town council may also confer upon the housing 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 those ordinances, regulations, and statutes; and

(4) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property that shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

(d) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3. Adjudication of summons by the municipal court shall be in conformance with § 8-18-4. The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and subject to review by the chief magistrate of the traffic tribunal in accordance with § 8-18-11. Any person desiring to appeal from an adverse decision of the municipal court for violations enumerated in § 8-18-3, may seek review thereof pursuant to the procedures set forth in § 31-41.1-8.

(e) The town council of the town of Lincoln is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of Lincoln is also authorized to appoint a judge and clerk of the housing court, who may be, but is not required to be, the same person(s) holding the judgeship and clerk position in the municipal court. The town council of the town of Lincoln 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 these courts. The municipal and housing courts 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 courts are 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.