Introduced By: Senators Fogarty, Walaska, Kells, McCaffrey and Felag
Date Introduced : May 6, 1999
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:
{ADD 45-2-49. Town of Burrillville -- Municipal court. -- ADD} {ADD (1) The town council of the town of Burrillville may establish a municipal court and confer upon such 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 town and any violation of the provisions of chapter 24.3 of this title entitled, "The Rhode Island Housing Maintenance an Occupancy Code"; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial novo; and provided, further, however, that any defendant found guilty of any violation of a minimum housing ordinance or in chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth 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. ADD}
{ADD (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 town council may also confer upon the municipal court, in furtherance of the aforesaid jurisdiction, the power to proceed according to equity: ADD}
{ADD (a) To restrain, prevent, enjoin, abate, or correct a violation; ADD}
{ADD (b) To order the repair, vacation, or demolition of any dwelling, existing in violation; or ADD}
{ADD (c) To otherwise compel compliance with all of the provisions of those ordinances and statutes. ADD}
{ADD (3) The town council of the town of Burrillville shall be
authorized and empowered to appoint a judge and clerk of the municipal
court. The town council of the town 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 {DELimpose a sentence not to
exceed thirty (30) days in jail andDEL} impose a fine not in excess
of five hundred dollars ($500) {DELor bothDEL}. The court shall be empowered
to administer oaths, compel the attendance of witnesses, and punish
persons for contempt{DEL,DEL} {ADD.ADD} {DEL and to execute search warrants to the extent
the warrants could be executed by a judge of the district court.
ADD}DEL}
SECTION 2. This act shall take effect upon passage.
