A N
A C T
AN ACT 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)
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Introduced
By: Senators J Cicilline, Paiva-Weed, and Enos |
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Date
Introduced: March 06, 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 and
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 increasing the maximum fine imposed by the Municipal Court from five
hundred dollars ($500) to one thousand dollars 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.