Chapter 322

2018 -- H 7950 Enacted 07/04/2018

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

Introduced By: Representatives Mendonca, and Ruggiero

Date Introduced: March 15, 2018

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-2-37 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

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 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 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 five hundred dollars ($500) 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.

SECTION 2. This act shall take effect upon passage.

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LC005207

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