| Chapter 180 |
| 2024 -- H 8028 Enacted 06/20/2024 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- FOSTER MUNICIPAL COURT |
Introduced By: Representative Michael W. Chippendale |
| Date Introduced: March 06, 2024 |
| 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: |
| 45-2-68. Town of Foster -- Municipal court. |
| (a) The town council of the town of Foster 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 |
| Providence county superior court and be entitled in the latter court to a trial de novo. |
| (b) The town council of the town of Foster 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 ("Rhode Island zoning enabling act of |
| 1991"); any violation of chapter 24.1 of this title (" historical area zoning"); any violation of chapter |
| 24.2 of this title ("minimum housing standards"); any violation of chapter 24.3 of this title ("housing |
| maintenance and occupancy code"); any violation of chapter 23 of this title ("development review |
| act"); any violation of any local Foster ordinance or regulation enacted pursuant to these chapters; |
| and any violation of the provisions of chapter 27.3 of title 23 ("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 Foster |
| housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an |
| appeal to the Providence 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 Foster 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 municipal court shall have concurrent jurisdiction with the Rhode Island traffic |
| tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated |
| in § 8-18-3. Adjudication of summons by the municipal court shall be in conformance with § 8-18- |
| 4. The municipal court shall hear and decide traffic matters in a manner consistent with the |
| procedures of the traffic tribunal, and subject to review by the chief magistrate of the traffic tribunal |
| in accordance with § 8-18-11. Any person desiring to appeal from an adverse decision of the |
| municipal court for violations enumerated in § 8-18-3, may seek review thereof pursuant to the |
| procedures set forth in § 31-41.1-8. |
| (e) The town council of the town of Foster is authorized and empowered to appoint a judge |
| and clerk of the municipal court. The town council of the town of Foster 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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| LC003538 |
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