CHAPTER 412

96-H 8891

Effective Without the Governor's Signature

Aug. 9, 1996.

AN ACT RELATING TO TOWNS AND CITIES--GENERAL POWERS

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-2-25 of the General Laws in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows:

45-2-25. City of Woonsocket -- Municipal court. -- (1) The city council of the city of Woonsocket 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 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, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3, 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, may, within seven (7) days of such conviction, file an appeal from the conviction to the seventh 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 of the general laws.

(2) 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 aforesaid jurisdiction, the power to proceed according to equity:

(a) To restrain, prevent, enjoin, abate, or correct a violation;

(b) To order the repair, vacation, or demolition of any dwelling existing in violation; or

(c) To otherwise compel compliance with all of the provisions of the ordinances and statutes.

(3) The city council of the city of Woonsocket shall be authorized and empowered to appoint a judge of the municipal court. The city council of the city shall be 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.) or both. The court shall be empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent search warrants could be executed by a judge of the district court.

{ADD (4) The municipal court shall also have original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine violators of sections 11-9-13 and 11-9-13.1 pertaining to the sale or delivery of tobacco products to persons under the age of eighteen (18); provided however, that any defendant found guilty of any offense may, within seven (7) days of the conviction, file an appeal from the conviction to the district court and be entitled in the latter court to a trial de novo in accordance with section 8-8-3. ADD}

SECTION 2. This act shall take effect upon passage.



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