Chapter
341
2006 -- S 3053
Enacted 07/07/06
A N A
C T
RELATING TO GENERAL
POWERS
Introduced By: Senators
Sheehan, Lenihan, McCaffrey, Sosnowski, and Ciccone
Date Introduced: April 27,
2006
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:
45-2-55
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 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 section 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
statues.
(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.
SECTION
2. The question of the acceptance or rejection of this act shall be submitted
to
the
qualified electors of said town entitled to vote at any special or regular
election to be held
after
the passage of this act, and no other action shall be taken under the authority
of this act
unless
a majority of said electors voting on said question vote to accept this act.
The town clerk of
the
town of North Kingstown shall forthwith after said election certify to the
secretary of state,
the
result of this vote upon the question submitted.
SECTION
3. This section and section 2 of this act shall take effect upon passage.
Section
1 shall
take effect if and when the qualified electors of the town of North Kingstown
vote to
accept
this act.
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LC03073
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