Title 45
Towns and Cities

Chapter 2
General Powers

§ 45-2-69. Town of Johnston — Municipal court — Municipal housing court.

(a)  Municipal court jurisdiction. The town council of the town of Johnston may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine cases involving the violation of any ordinance; provided, however, that any defendant found guilty of any offense, excluding violations outlined in subsection (b) of this section, may, within seven (7) 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.

(b) Municipal housing court jurisdiction.

(1) The town council of the town of Johnston 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 (“zoning ordinances”); any violation of chapter 24.1 of this title (“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 of land and occupancy code”); any violation of any local Johnston ordinance or regulation, enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (“state building code”); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-I 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 judgement, decree, or order of the Johnston 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.

(2) With respect to violations falling under the jurisdiction of the Johnston housing court, as outlined in subsection (b)(1) of this subsection, the town council may also confer upon the housing court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:

(i) To restrain, prevent, enjoin, abate, or correct a violation;

(ii) To order the repair, vacation, or demolition of any dwelling existing in violation;

(iii) To otherwise compel compliance with all of the provisions of the ordinances and statutes; and

(iv) 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.

(c) Appointment of municipal court judge and housing court clerk. The town council of the town of Johnston is authorized and empowered to appoint a judge of the municipal court, who may be, but is not required to be, the same person(s) holding the judgeship over the municipal court. The town council of the town of Johnston 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 over the municipal court.

(d) Operation, management, and powers of the municipal court and housing court. The town council 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 the court. The municipal court may impose fines not in excess of five hundred dollars ($500) and is empowered to administer oaths; compel the attendance of witnesses; and punish persons for contempt.