AMENDING THE CITY CHARTER OF THE CITY OF NEWPORT BY INCREASING THE MAXIMUM FINE IMPOSED BY THE MUNICIPAL COURT FROM FIVE HUNDRED DOLLARS ($500) TO ONE THOUSAND DOLLARS ($1,000)
|
Introduced
By: Representatives WH Murphy, Crowley, Shavers, and Callahan |
|
|
Date
Introduced: February 28, 2002 |
|
|
It is enacted
by the General Assembly as follows:
SECTION
1. Chapter XI of the Newport City Charter entitled
"Municipal Court" is hereby amended to read as follows:
Section
11-1. Established. -- (1) The city council of the city of Newport may
establish a municipal court an d confer upon such court original jurisdiction,
notwithstanding any other provisions of
the general laws, to hear and determine causes involving violation of
any ordinance including minimum housing, historical area zoning and zoning
ordinances, of said city and any violation of the provisions of chapter 45-24.3
entitled, "The Rhode Island Housing Maintenance and Occupancy Code"
and to hear and determine proceedings brought pursuant to section 23-27.3-122.2
and to have jurisdiction conferred on courts therein; provided, however, that
any defendant found guilty of any offense, excluding violations of said minimum
housing ordinances, or chapter 45-24.3 within the jurisdiction of said court,
may within seven (7) days of such conviction, file an appeal from said
conviction to the Newport 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 said chapter
45-24.3, may within seven (7) days of such conviction, file an appeal from said
conviction to the second division of the district court and be entitled to a
trial de novo in accordance with section 8-8-3(a)(4) and 8-8-3.2.
(2)
With respect to violations of either municipal ordinances dealing with minimum
housing, historical area zoning or zoning ordinance, or chapter 45-24.3 et seq.
of this title dealing with housing maintenance and occupancy or chapter 45-24
et seq. of this title dealing with the enforcement of zoning regulations or
section 23-27.3-122.2 regarding prosecution of violations of the state building
code, the city council may confer upon said municipal court, in furtherance of
the aforesaid jurisdiction, the power to proceed according to equity;
(a)
to restrain, prevent, enjoin, abate or correct a violation;
(b)
to order the repair, vacation or demolition of any dwelling existing in
violation or
(c)
to otherwise compel compliance with all of the provisions of said ordinances
and statutes;
(d)
to hear causes pursuant to chapter 12-4-1 and order the posting of recognizance
to keep the peace in accordance with said chapter.
(e)
to require that all fines or costs ordered to be paid by landowners of real
property located in the city, by final judgment of the municipal court in any
proceedings dealing with minimum housing, historical area zoning, zoning of
chapter 45-24.3 regarding housing maintenance and occupancy or prosecutions
pursuant to section 23-27.3-122.2, shall constitute a lien on the property in
the city giving rise to the violation in question.
(3)
The city council of the city of Newport shall be authorized and empowered to
appoint a judge of said municipal court.
The city council of said city shall be authorized and empowered to enact
ordinances governing the personnel, operation and procedure to be followed in
said court and to establish a schedule of fees and costs. Said ordinances may contain procedures for
the disposition of offenses without the necessity of personal appearance of the
offender before the court. Said
municipal court may impose a sentence not to exceed thirty (30) days in jail
and/or impose a fine not in excess of five hundred dollars ($500) one
thousand dollars ($1000) and/or require community service or any
combination thereof. Said court shall
be empowered to administer oaths, compel the attendance of witnesses and punish
persons for contempt.
SECTION
2. The question of the approval of this act shall be submitted to the electors
of the city of Newport at the next local election. The question shall be submitted in substantially the following
form: "Shall an act passed in January session A.D. 2002 by increasing
the maximum fine imposed by the Municipal Court from five hundred dollars
($500) to one thousand dollars ($1,000) to be approved?"
SECTION
3. The local board, as defined in section 17-1-1 of the general laws shall
forthwith after the election notify the secretary of state of the result of the
vote upon the question submitted. The
polling place or places shall be designated by the local board and the election
shall be held in conformity with the election laws of the state.
SECTION 4.
This section and sections 2 and 3 of this act shall take effect upon passage
and section 1 of this act shall take effect if and when a majority of the
persons voting upon the proposition contained in section 2 have indicated their
approval thereof.