TITLE 45

Towns and cities

CHAPTER 45-2

General Powers

SECTION 45-2-37



   § 45-2-37  Town of Middletown –

Municipal court. –

(a) The town council of the town of Middletown 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 the

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 and Occupancy Code; provided, however, that

any defendant found guilty of any offense, excluding violation of the minimum

housing ordinances or chapter 24.3 within the jurisdiction of the court, may

within seven (7) days of conviction, file an appeal from the conviction to the

superior court for Newport county 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 the conviction, file an appeal from the conviction to the

second division of the district court and be entitled to a trial de novo in

accordance with §§ 8-8-3(a)(4) and 8-8-3.2.



   (b) 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 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, vacation or demolition of any

dwelling existing in violation; or



   (3) To otherwise compel compliance with all of the provisions

of the ordinances and statutes.



   (c) The town council of the town of Middletown is authorized

and empowered to appoint a judge of the municipal court. The town council of

that town 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 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 is 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.



History of Section.

(P.L. 1993, ch. 175, § 1; P.L. 1993, ch. 215, § 1.)