2013 -- S 0884

=======

LC02443

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO CITIES AND TOWNS - THE TOWN OF PORTSMOUTH MUNICIPAL

COURT

     Introduced By: Senator Christopher S. Ottiano

     Date Introduced: April 25, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

1-2

amended by adding thereto the following section:

1-3

     45-2-62. Town of Portsmouth - Municipal court. – (a) The town council of the town of

1-4

Portsmouth may establish a municipal court and confer upon the court original jurisdiction,

1-5

notwithstanding any other provisions of the general laws, to hear and determine causes involving

1-6

the violations of any ordinance, including minimum housing ordinances of the town and any

1-7

violation of the provisions of chapter 24.3 of this title, entitled the "Rhode Island Housing

1-8

Maintenance and Occupancy Code"; provided, however, that any defendant found guilty of any

1-9

offense, excluding violation of the minimum housing ordinances or chapter 24.3 within the

1-10

jurisdiction of the court, may, within seven (7) days of conviction, file an appeal from the

1-11

conviction to the superior court for Newport County and be entitled in the latter court to a trial de

1-12

novo; and provided further, however, that any defendant found guilty of any violation of a

1-13

minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file

1-14

an appeal from the conviction to the second division of the district court and be entitled to a trial

1-15

de novo in accordance with subdivision 8-8-3(a)(4) and section 8-8-3.2.

1-16

      (b) With respect to violations of either municipal ordinances dealing with minimum

1-17

housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the

1-18

town council may also confer upon the municipal court, in furtherance of the court's jurisdiction,

1-19

the power to proceed according to equity:

2-1

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

2-2

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

2-3

      (3) To otherwise compel compliance with all of the provisions of the ordinances and

2-4

statutes.

2-5

      (c) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic

2-6

tribunal to hear and adjudicate those violations conferred upon the municipal court and

2-7

enumerated in section 8-18-3. Adjudication of summons by the municipal court shall be in

2-8

conformance with section 8-18-4. The municipal court shall hear and decide traffic matters in a

2-9

manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief

2-10

magistrate of the traffic tribunal in accordance with section 8-18-11. Any person desiring to

2-11

appeal an adverse decision of the municipal court for violations enumerated in section 8-18-3,

2-12

may seek review thereof pursuant to the procedures set forth in section 31-41.1-8.

2-13

      (d) The town council of the town of Portsmouth is authorized and empowered to appoint

2-14

a judge and clerk of the municipal court. The town council is authorized and empowered to enact

2-15

ordinances governing the personnel, operation and procedure to be followed in the court and to

2-16

establish a schedule of fees and costs, and to otherwise provide for the operation and management

2-17

of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and

2-18

impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to

2-19

administer oaths, compel the attendance of witnesses and punish persons for contempt and to

2-20

authorize and execute search warrants to the extent the warrants could be authorized and executed

2-21

by a justice of the district court.

2-22

     SECTION 2. This act shall take effect upon passage.

=======

LC02443

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CITIES AND TOWNS - THE TOWN OF PORTSMOUTH MUNICIPAL

COURT

***

3-1

     This act would authorize the town of Portsmouth to create a municipal court.

3-2

     This act would take effect upon passage.

=======

LC02443

=======