Chapter 023

2009 -- H 6005

Enacted 06/12/09

A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

Introduced By: Representatives Gemma, Ferri, Naughton, and Flaherty

Date Introduced: March 19, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-2-19 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

45-2-19. City of Warwick -- Municipal court. -- (a) The city council of the city of

Warwick 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 city and any

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

Maintenance and Occupancy Code; provided, 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 five (5) 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, that any

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

may, within five (5) days of the conviction, file an appeal from the conviction to the third division

of the district court and be entitled to a trial de novo in accordance with sections 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 mayor of the city is authorized and empowered to appoint a judge of the

municipal court with the advice and consent of the city or town council. The city council is

authorized and empowered to enact ordinances governing the operation and procedure to be

followed in the court and to establish a schedule of fees and costs. The municipal court may

impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of three

hundred dollars ($300) five hundred dollars ($500) or both. The court is empowered to administer

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

SECTION 2. This act shall take effect upon passage.

=======

LC02288

=======