2019 -- H 6125

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LC002639

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     Introduced By: Representatives Tanzi, Fogarty, McEntee, and Filippi

     Date Introduced: May 20, 2019

     Referred To: House Municipal Government

     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:

     45-2-67. Town of South Kingstown -- Municipal court.

     (a) The town council of the town of South Kingstown may establish a municipal court

and confer upon that court original jurisdiction, notwithstanding any other provisions of the

general laws, to hear and determine causes 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 conviction, file an appeal from the

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

novo.

     (b) The town council of the town of South Kingstown 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 South Kingstown

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 (2) family 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-19 Rhode Island state fuel and gas code; and provided,

further, that any party aggrieved by a final judgment, decree, or order of the South Kingstown

housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an

appeal to the Washington County 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 South Kingstown

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, vacating, 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 town council of the town of South Kingstown is authorized and empowered to

appoint a judge and clerk of the municipal court. The town council of the town of South

Kingstown 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. 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 a fine not in excess of five hundred dollars ($500) for each offense. The court is

empowered to administer oaths; compel the attendance of witnesses; punish persons for

contempt; and to execute search warrants to the extent the warrants could be executed by a judge

of the district court.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

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     This act would authorize the town council of the town of South Kingstown to create a

municipal court and housing court and defines the respective jurisdiction of those two courts.

     This act would take effect upon passage.

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