| Chapter 036 |
| 2020 -- S 2129 AS AMENDED Enacted 06/26/2020 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- GENERAL POWERS |
| Introduced By: Senators Sosnowski, Algiere, and Valverde |
| Date Introduced: January 22, 2020 |
| 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: |
| 45-2-67. Town of South Kingstown -- Municipal court. |
| (a) The town council of the town of South 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; provided, |
| however, that any defendant found guilty of any offense, excluding violations outlined in |
| subsection (b) of this section, may, within seven (7) days of conviction, file an appeal from the |
| conviction to the Washington County superior court and be entitled in the latter court to a trial de |
| novo. |
| (b) The town council of the town of South Kingstown may establish a municipal housing |
| 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 the zoning ordinances of the |
| town and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning |
| enabling act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any |
| violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter |
| 24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this |
| title (subdivision and land development act); any violation of any local South Kingstown |
| ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of |
| chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions |
| of those regulations promulgated by the state building code commission entitled SBC-1 Rhode |
| Island state building code; SBC-2 Rhode Island state one and two (2) family dwelling code; SBC- |
| 3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode |
| Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state |
| energy conservation code; and SBC-19 Rhode Island state fuel and gas code; and provided, |
| further, that any party aggrieved by a final judgment, decree, or order of the South Kingstown |
| housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an |
| appeal to the Washington County superior court and be entitled in the latter court to a trial de |
| novo. |
| (c) With respect to violations falling under the jurisdiction of the South Kingstown |
| housing court, as outlined in subsection (b) of this section, the town council may also confer upon |
| the housing 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, vacating, or demolition of any dwelling existing in violation; |
| (3) To otherwise compel compliance with all of the provisions of those ordinances, |
| regulations, and statutes; and |
| (4) To order a dwelling into receivership and to order the removal of any cloud on the |
| title to the building or property that shall be binding upon all those claiming by, through, under, |
| or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34. |
| (d) The town council of the town of South Kingstown is authorized and empowered to |
| appoint a judge and clerk of the municipal court. The town council of the town of South |
| Kingstown is also authorized to appoint a judge and clerk of the housing court, who may be, but |
| is not required to be, the same person(s) holding the judgeship over the municipal court. The town |
| council 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 fine not in excess of five hundred dollars ($500) for each offense. 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. |
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| LC003734 |
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