2021 -- H 5637

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LC001892

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     Introduced By: Representatives Knight, and McEntee

     Date Introduced: February 22, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-2-13, 45-2-25, 45-2-27, 45-2-29, 45-2-30, 45-2-32, 45-2-34, 45-

2-37, 45-2-38, 45-2-44, 45-2-45, 45-2-46, 45-2-47, 45-2-50, 45-2-51.1, 45-2-52, 45-2-55, 45-2-56,

45-2-58, 45-2-59, 45-2-61, 45-2-62 and 45-2-63 of the General Laws in Chapter 45-2 entitled

"General Powers" are hereby amended to read as follows:

     45-2-13. City of Pawtucket -- Municipal police court -- Municipal housing court.

     (a) The city council of the city of Pawtucket may establish a municipal police 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 any ordinance; provided, that any

defendant found guilty of any offense, excluding violations of the city's minimum housing

ordinances and zoning ordinances, may, within seven (7) days of conviction, file an appeal from

the conviction to the Providence superior court and be entitled in the latter court to a trial de novo.

     (b) The city council of the city of Pawtucket 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 city and

any violation of the provisions of chapter 24 of this title, entitled the Rhode Island zoning enabling

act of 1991, and any violation of the provisions of chapter 27.3 of title 23 entitled 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, and SBC-8 Rhode Island state energy conservation code; and provided,

further, that any party aggrieved by a final judgment, decree or order of the Pawtucket housing

court may, within twenty (20) days after entry of this judgment, decree or order, petition to the

supreme court for the state of Rhode Island for a writ of certiorari to review any errors involved.

The petition for the writ of certiorari shall state the errors claimed. Upon the filing of a petition

with the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorari

to the Pawtucket housing court to certify to the supreme court the record of the proceedings of the

case together with and transcript of the proceedings by the petitioner at his expense.

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

housing or zoning regulations, or chapter 24.3 et seq., of this title dealing with housing maintenance

and occupancy, or chapter 24 et seq., of this title dealing with enforcement of zoning regulations,

the city council may also confer upon the Pawtucket housing court, in furtherance of its 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 and

statutes; or

     (4) To order a dwelling into receivership and to order the removal of any cloud on the title

to the building or property which shall be binding upon all those claiming by, through, under, or

by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.

     (d) The city council of the city of Pawtucket is authorized and empowered to appoint a

judge to serve as both the municipal police court judge and the municipal housing court judge. The

city council of the city 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 courts

created by this section may impose a sentence not to exceed thirty (30) days in jail and impose a

fine not in excess of one thousand dollars ($1,000), 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.

     45-2-25. City of Woonsocket -- Municipal court.

     (a) The city council of the city of Woonsocket 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 violation of any ordinance, including minimum housing

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ordinances, of the city and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violations of the minimum housing ordinances or chapter

24.3, 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; and provided further, however, that any

defendant found guilty of any violation of a minimum housing ordinance, or of chapter 24.3, may,

within seven (7) days of the conviction, file an appeal from the conviction to the seventh division

of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.

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

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

city council may also confer upon the municipal 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; or

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

statutes.

     (c) The city council of the city of Woonsocket is authorized and empowered to appoint a

judge of the municipal court. The city council of the city 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 sentence not to exceed thirty (30) days in jail and

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

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

execute search warrants to the extent search warrants could be executed by a judge of the district

court.

     (d) The municipal court also has original jurisdiction, notwithstanding any other provisions

of the general laws, to hear and determine violations of §§ 11-9-13 and 11-9-13.1 pertaining to the

sale or delivery of tobacco products to persons under the age of eighteen (18); provided, however,

that any defendant found guilty of any offense may, within seven (7) days of the conviction, file an

appeal from the conviction to the district court and be entitled in the latter court to a trial de novo

in accordance with § 8-8-3.

     45-2-27. City of Central Falls -- Municipal court.

     (a) The city council of the city of Central Falls may establish a municipal court and confer

upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to

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hear and determine causes involving the violation of any ordinance, including minimum housing

ordinances, of that city and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code, and there is conferred upon that court

concurrent jurisdiction with the traffic tribunal to hear and determine causes involving the violation

of § 31-20-17; provided, however, that any defendant found guilty of any offense, excluding

violations of the minimum housing ordinances or chapter 24.3 may, within seven (7) days of

conviction, file an appeal from the conviction to the 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 chapter 24.3, may, within seven (7) days of conviction, file

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

novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.

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

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

city council may also confer upon the municipal 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; or

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

statutes.

     (c) The city council of the city of Central Falls is authorized and empowered to appoint a

judge of the municipal court. The city council of the city 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 sentence not to exceed thirty (30) days in jail and

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

     45-2-29. Town of Westerly -- Municipal court.

     (a) The town council of the town of Westerly 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, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violations of the minimum housing ordinances or chapter

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24.3 within the jurisdiction of the court, 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; and

provided further, however, that any defendant found guilty of any violation of a minimum housing

ordinance or of chapter 24.3, may, within seven (7) days of conviction, file an appeal from the

conviction to the fourth division of the district court and be entitled to a trial de novo in accordance

with §§ 8-8-3(a)(4) and 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of Westerly is authorized and empowered to appoint a

judge of the municipal court. The judge shall serve for a term of two (2) years, with the first term

commencing January 1, 1989. The town council of the town 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 sentence not to exceed thirty (30) days in jail and

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

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

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

by a justice of the district court.

     45-2-30. Town of Narragansett -- Municipal court.

     (a) The town council of the town of Narragansett 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, including minimum

housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title,

entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any

defendant found guilty of any offense, excluding violations of the minimum housing ordinances or

chapter 24.3 may, within seven (7) days of conviction, file an appeal from the conviction to the

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 chapter

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24.3, may, within seven (7) days of conviction, file an appeal from the conviction to the fourth

division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and

8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of Narragansett is authorized and empowered to appoint

a judge of the municipal court. The town council of the town 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 sentence not to exceed thirty (30) days in jail and

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

     45-2-32. Town of Charlestown -- Municipal court.

     (a) The town council of the town of Charlestown 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, including minimum

housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title,

entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any

defendant found guilty of any offense, excluding violations of the minimum housing ordinances or

chapter 24.3 within the jurisdiction of the court, 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; and provided further, however, that any defendant found guilty of any violation of a

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

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

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

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

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

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town council may also confer upon the municipal 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; or

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

statutes.

     (c) 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 section 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 be subject to review by the chief magistrate of the traffic

tribunal in accordance with § 8-18-11. Any person desiring to appeal 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.

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

a judge of the municipal court. The town council of the town 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 sentence not to exceed thirty (30) days in jail and

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

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

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

by a justice of the district court.

     45-2-34. Town of Tiverton -- Municipal court.

     (1) The town council of the town of Tiverton 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, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violations of the minimum housing ordinances or chapter

24.3 may, within seven (7) days of conviction, file an appeal from the conviction to the 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 chapter 24.3, may

within seven (7) days of conviction, file an appeal from the conviction to the second division of the

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district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a) (4) and 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (3) The town council of the town of Tiverton is authorized and empowered to appoint a

judge of the municipal court. The town council of the town 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 sentence not to exceed thirty (30) days in jail and

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

     45-2-37. Town of Middletown -- Municipal court.

     (a) The town council of the town of Middletown 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 violation of any ordinance, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violation of the minimum housing ordinances or chapter

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

from the conviction to the superior court for Newport county 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 chapter 24.3, may, within seven (7) days of the conviction, file

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

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

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

housing or chapter 24.3 of this title dealing with housing maintenance and occupancy, the town

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

power to proceed according to equity:

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

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

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

statutes.

     (c) The town council of the town of Middletown is authorized and empowered to appoint

a judge of the municipal court. The town council of that town 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 sentence not to exceed thirty (30) days in jail and

impose a fine of not in excess of one thousand dollars ($1,000), or both. The court is 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.

     45-2-38. City of East Providence -- Municipal court.

     (a) The city council of the city of East Providence may establish a municipal court and

confer upon that court original jurisdiction, not withstanding any other provisions of the general

laws, to hear and determine causes involving the violation of any ordinance, including minimum

housing ordinances of the city and any violation of the provisions of chapter 24.3 of this title

entitled, "The Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that

any defendant found guilty of any offense, excluding violations of the minimum housing

ordinances or chapter 24.3 may, within seven (7) days of conviction, file an appeal from the

conviction to the 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 chapter 24.3, may within seven (7) days of conviction, file an appeal from the conviction to

the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-

3(a)(4) and 8-8-3.2.

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

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

city council may also confer upon the municipal 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; or

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

statutes.

     (c) The city council of the city of East Providence is authorized and empowered to appoint

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a judge and clerk of the municipal court. The city council of the city 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 sentence not to exceed thirty (30)

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

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.

     45-2-44. Town of Cumberland -- Municipal court.

     (a) The town council of the town of Cumberland may establish a municipal court and confer

upon that court original jurisdiction, not withstanding any other provisions of the general laws, to

hear and determine causes involving the violation of any ordinance, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violations 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 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 chapter

24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the

sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-

3(a)(4) and 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of Cumberland is authorized and empowered to appoint

a judge and clerk of the municipal court. The town council of the city 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 sentence not to exceed thirty (30)

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

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.

     45-2-45. Town of Bristol -- Municipal court.

     (a) The town council of the town of Bristol 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, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violations 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 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 chapter

24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the

sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-

3(a)(4) and 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of Bristol is authorized and empowered to appoint a judge

and clerk of the municipal court. The town council of the town 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 sentence not to exceed thirty (30) days in jail and

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

     45-2-46. Towns of Burrillville and North Smithfield -- Municipal court.

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     (a) The town councils of the towns of Burrillville and North Smithfield may establish a

regional 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, including minimum housing ordinances of either town and any violation of the

provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and

Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding

violations 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 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 chapter 24.3 of this title, may within seven (7)

days of conviction, file an appeal from the conviction to the sixth division of the district court and

be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.

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

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

town councils may also confer upon the municipal 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; or

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

statutes.

     (c) The town councils of the towns of Burrillville and North Smithfield are authorized and

empowered to appoint a judge and clerk of the municipal court. The town councils are 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). The court is 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.

     45-2-47. Town of Warren -- Municipal court -- Municipal housing court.

     (a) The town council of the town of Warren 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 superior

LC001892 - Page 12 of 26

court and be entitled in the latter court to a trial de novo.

     (b) The town council of the town of Warren 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 Warren 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 Warren 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 Warren 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 town council of the town of Warren is authorized and empowered to appoint a

judge and clerk of the municipal court. The town council of the town of Warren 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

LC001892 - Page 13 of 26

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 sentence not to exceed thirty (30)

days in jail and impose a fine not in excess of five hundred dollars ($500), or both. 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.

     45-2-50. Town of Exeter -- Municipal court.

     (a) The town council of the town of Exeter 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, including, but not limited to,

municipal code violations, animal regulation violations, traffic and parking violations, minimum

housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title,

entitled the "Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that

any defendant found guilty of any offense, excluding violations of the minimum housing

ordinances or chapter 24.3 of this title within the jurisdiction of the court, 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; and provided further, however, that any defendant found guilty

of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven

(7) days of conviction, file an appeal from the conviction to the fourth division of the district court

and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of Exeter is authorized and empowered to appoint a judge

of the municipal court. The judge shall serve for a term of two (2) years, or concurrent with the

term of each appointing council. The town council of the town 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 sentences not to exceed thirty (30) days in jail and

LC001892 - Page 14 of 26

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

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

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

by a justice of the district court.

     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;

LC001892 - Page 15 of 26

     (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.

     45-2-52. Town of Jamestown -- Municipal Court.

     (a) The town council of the town of Jamestown 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, including, but not limited to,

municipal code violations, animal regulation violations, minimum housing ordinances of the town

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

Maintenance and Occupancy Code; and, if but only if, jurisdiction is specifically conferred by a

vote of the town council, traffic and parking violations; provided, however, that any defendant

found guilty of any offense, excluding violations of the minimum housing ordinances or chapter

LC001892 - Page 16 of 26

24.3 within the jurisdiction of the court, 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; and

provided further, however, that any defendant found guilty of any violation of a minimum housing

ordinance or of chapter 24.3, may within seven (7) days of conviction, file an appeal from the

conviction to the second division of the district court and be entitled to a trial de novo in accordance

with §§ 8-8-3(a)(4) and 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of Jamestown is authorized and empowered to appoint a

judge of the municipal court. The judge shall serve for a term of two (2) years, or concurrent with

the term of each appointing council. The town council of the town 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 sentences not to exceed thirty (30) days in jail and

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

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

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

by a justice of the district court.

     45-2-55. Town of North Kingstown -- Municipal Court.

     (a) The town council of the town of North 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, including, but not

limited to, municipal code violations, animal regulation violations, minimum housing ordinances

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

Housing Maintenance and Occupancy Code" and, if, but only if, jurisdiction is specifically

conferred by a vote of the town council, traffic and parking violations; provided, however, that any

defendant found guilty of any offense, excluding violations of the minimum housing ordinances or

chapter 24.3 within the jurisdiction of the court, may within seven (7) days of the conviction, file

LC001892 - Page 17 of 26

an appeal from the conviction to the 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 chapter 24.3 of this title may, within seven (7) days of

conviction, file an appeal from the conviction to the second division of the district court and be

entitled to a trial de novo in accordance with subdivision 8-8-3(a)(4) and § 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of North Kingstown is authorized and empowered to

appoint a judge of the municipal court. The judge shall serve for a term of two (2) years, or

concurrent with the term of each appointing council. The town council of the town 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 sentences not to exceed

thirty (30) days in jail and impose fines not in excess of five hundred dollars ($500), or both. The

court is empowered to administer oaths, compel the attendance of witnesses, and punish persons

for contempt, and to authorize and execute search warrants to the extent the warrants could be

authorized and executed by a justice of the district court.

     45-2-56. Town of Hopkinton -- Municipal Court.

     (a) The town council of the town of Hopkinton 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, including, but not limited to,

municipal code violations, animal regulation violations, minimum housing ordinances of the town

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

Maintenance and Occupancy Code; and, if but only if, jurisdiction is specifically conferred by a

vote of the town council, traffic and parking violations; provided, however, that any defendant

found guilty of any offense, excluding violations of the minimum housing ordinances or chapter

24.3 within the jurisdiction of the court, 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; and

LC001892 - Page 18 of 26

provided further, however, that any defendant found guilty of any violation of a minimum housing

ordinance or of chapter 24.3, may within seven (7) days of conviction, file an appeal from the

conviction to the fourth division of the district court and be entitled to a trial de novo in accordance

with subdivision 8-8-3(a)(4) and § 8-8-3.2.

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

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

town council may also confer upon the municipal 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; or

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

statutes.

     (c) The town council of the town of Hopkinton is authorized and empowered to appoint a

judge of the municipal court. The judge shall serve for a term of two (2) years, or concurrent with

the term of each appointing council. The town council of the town 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 sentences not to exceed thirty (30) days in jail and

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

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

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

by a justice of the district court.

     45-2-58. Town of Smithfield -- Municipal court.

     (a) The town council of the town of Smithfield 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 Smithfield Charter, Code of

Ordinances, including minimum housing ordinances of the town and any violation of the provisions

of chapter 24.3 of this title, entitled the "Rhode Island Housing Maintenance and Occupancy Code";

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; and provided further, however, that any defendant found guilty

of any violation of a minimum housing ordinance or of chapter 24.3 may, within seven (7) days of

the conviction, file an appeal from the conviction to the sixth division of the district court and be

LC001892 - Page 19 of 26

entitled to a trial de novo in accordance with subsections 8-8-3(a)(4) and 8-8-3.2.

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

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

town council may also confer upon the municipal 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 the ordinances and

statutes.

     (c) 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 be subject to review by the chief judge of the district court in

accordance with § 8-18-11. Any person desiring to appeal 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.

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

judge and clerk of the municipal court. The town council of the town of Smithfield 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 sentence not to exceed

thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The

court is 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.

     45-2-59. Town of North Smithfield -- Municipal court.

     (a) The town council of the town of North Smithfield 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 North Smithfield Charter,

Code of Ordinances, including minimum housing ordinances of the town and any violation of the

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

Occupancy Code"; 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)

LC001892 - Page 20 of 26

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; and provided further, however, that any

defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this

title may, within seven (7) days of the conviction, file an appeal from the conviction to the sixth

division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and

8-8-3.2.

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

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

town council may also confer upon the municipal 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 the ordinances and

statutes.

     (c) 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 be subject to review by the chief judge of the district court in

accordance with § 8-18-11. Any person desiring to appeal 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.

     (d) The town council of the town of North Smithfield is authorized and empowered to

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

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 sentence not to

exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or

both. The court is 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.

     45-2-61. Town of Barrington -- Municipal court.

     (a) The town council of the town of Barrington may establish a municipal court and confer

upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to

LC001892 - Page 21 of 26

hear and determine causes involving the violations of any ordinance, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violation of the minimum housing ordinances or chapter

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

from the conviction to the 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 chapter 24.3 may, within seven (7) days of the conviction, file an appeal from the

conviction to the sixth division of the district court and be entitled to a trial de novo in accordance

with subdivision 8-8-3(a)(4) and § 8-8-3.2.

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

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

town council may also confer upon the municipal 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 the ordinances and

statutes.

     (c) 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 be subject to review by the chief magistrate of the traffic

tribunal in accordance with § 8-18-11. Any person desiring to appeal 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.

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

judge of the municipal court. The town council of the town 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 sentence not to exceed thirty (30) days in jail and

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

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

and execute search warrants to the extent the warrants could be authorized and executed by a justice

LC001892 - Page 22 of 26

of the district court.

     45-2-62. Town of Portsmouth -- Municipal court.

     (a) The town council of the town of Portsmouth 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 any ordinance, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

"Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that any defendant

found guilty of any offense, excluding violation of the minimum housing ordinances or chapter

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

from the conviction to the superior court for Newport County 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 chapter 24.3 may, within seven (7) days of the conviction, file

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

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

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

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

town council may also confer upon the municipal 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 the ordinances and

statutes.

     (c) 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 be subject to review by the chief magistrate of the traffic

tribunal in accordance with § 8-18-11. Any person desiring to appeal 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.

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

judge and clerk of 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

LC001892 - Page 23 of 26

of the court. The municipal court 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 court is empowered to

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

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

by a justice of the district court.

     45-2-63. Town of Richmond -- Municipal court.

     (a) The town council of the town of Richmond 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 violation of the town of Richmond code of ordinances,

including any minimum housing ordinances of the town, and violations of the provisions of chapter

45-24.3, entitled the Rhode Island housing maintenance and occupancy code; provided, however,

that any defendant found guilty of any violation of the Richmond code of ordinances, excluding

any minimum housing ordinances, may, within seven (7) days of conviction, file an appeal from

the conviction to the superior court for Washington County 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

any minimum housing ordinances or of chapter 45-23.3 may, within seven (7) days of the

conviction, file an appeal from the conviction to the fourth division of the district court and be

entitled to a trial de novo in accordance with subdivision 8-8-3(a)(4) and § 8-8-3.2.

     (b) With respect to violations of any minimum housing ordinance and violations of chapter

45-24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council

may also confer upon the municipal 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; and

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

statutes.

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

tribunal to hear and adjudicate those violations 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 shall

be subject to review by the chief magistrate of the traffic tribunal in accordance with § 8-18-11.

Any person desiring to appeal 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.

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

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judge and a clerk of the municipal court; to enact ordinances governing the personnel, operation,

and procedure to be followed in the court; 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 sentence

not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500)

per violation, or both. The court is 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.

     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

***

     This act would repeal the power granted to certain municipal courts to execute search

warrants to the extent the warrants could be executed by a judge of the district court.

     This act would take effect upon passage.

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