It is enacted by the General Assembly as follows:
SECTION 1. Section 45-2-13 of Chapter 45-2 of the General Laws entitled "General Powers" is hereby repealed in its entirety.
{DEL 45-2-13. City of Pawtucket -- Police court. -- DEL} {DEL (a) The city council of the city of Pawtucket may establish a police court and confer upon the court original jurisdiction to hear and determine criminal causes involving violation of any ordinance of the city; provided, however, that any defendant found guilty of any offense within the jurisdiction thereof by the court 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.
(b) The city council of the city of Pawtucket shall be authorized and empowered to appoint a judge of the police court, to enact ordinances governing the procedure to be followed in the court, the appointment of personnel, and the duties and qualifications of personnel, to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court.
(c) The police court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of one thousand dollars ($1,000) or both. The court shall be empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt. DEL}
SECTION 2. Chapter 45-2 of the General Laws entitled "General Powers" is hereby amended by adding thereto the following section:
{ADD 45-2-13. City of Pawtucket -- Municipal police court -- Municipal housing court. -- ADD} {ADD (1) The city council of the city of Pawtucket may establish a municipal police 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 provided, however, that any defendant found guilty of any offense, excluding violations of the city's minimum housing ordinances and zoning ordinances, may, within seven (7) days of conviction, file an appeal from the conviction to the Providence superior court and be entitled in the latter court to a trial de novo.
(2) The city council of the city of Pawtucket may establish a municipal housing court and confer upon such court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving violation of the minimum housing ordinances and zoning 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", and chapter 24 of this title entitled, "The state zoning enabling act", and provided, further, however, that any party aggrieved by a final judgment, decree or order of the Pawtucket housing court may, within twenty (20) days after entry of said judgment, decree or order, petition to the supreme court for the state of Rhode Island for a writ of certiorari to review any errors involved. The petition for the writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorari to the Pawtucket housing court to certify to the supreme court the record of the proceedings of the case together with any transcript of the proceedings by the petitioner at his expense.
(3) With respect to violations of either municipal ordinances dealing with minimum housing or zoning regulations, or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, or chapter 24 et seq., of this title dealing with enforcement of zoning regulations, the city council may also confer upon the Pawtucket housing 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;
(c) To otherwise compel compliance with all of the provisions of those ordinances and statutes; or
(d) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property which shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumberances pursuant to chapter 44 et seq., of title 34 of the general laws.
(4) The city council of the city of Pawtucket shall be authorized and empowered to appoint a judge who shall serve as both the municipal police court judge and the municipal housing court judge. 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 courts created herein may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of one thousand dollars ($1,000) or both. The courts shall be 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. ADD}
SECTION 3. Section 45-24.2-7 of the General Laws in Chapter 45-24.2 entitled "Minimum Housing Standards" is hereby amended to read as follows:
{ADD 45-24.2-7. ADD} {DEL Penalties -- District court jurisdiction -- Municipal court of Pawtucket -- Providence housing court -- Review by supreme court DEL} {ADD Penalties -- District court jurisdiction -- Providence housing court -- Review by supreme court. -- ADD} Failure to comply with any ordinance, rule, or regulation passed pursuant either to the authority hereof or to any special act governing minimum housing shall constitute a violation as defined in section 11-1-2, punishable by a fine of not more than five hundred dollars ($500) for each violation, and each day's failure to comply with any provision shall constitute a separate violation. The district court shall have exclusive original jurisdiction of all violations as provided in section 12-3-1 {DEL ; provided, that in the city of Pawtucket, the municipal court of the city of Pawtucket shall have jurisdiction to try violations occurring within the city of Pawtucket; DEL} provided, {DEL further, DEL} that in the city of Providence, the Providence housing court shall have jurisdiction to try violations occurring within the city of Providence, but only in the event that the city shall by ordinance create a court for the purpose of exercising jurisdiction over minimum housing standards. {DEL Every person aggrieved by the sentence of the municipal court of the city of Pawtucket for any violation may, within five (5) days after the sentence, appeal therefrom to the district court of the fifth division for a trial de novo by claiming an appeal in the municipal court of the city of Pawtucket or in the office of the clerk of the court. DEL} A party aggrieved by any judgment of the district court imposing a fine pursuant to this section may seek review by the supreme court in accordance with section 12-22-1.1.
SECTION 4. This act shall take effect upon passage.