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§45-2-61  Town of Barrington – Municipal court. –


Published: 2015

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TITLE 45

Towns and cities

CHAPTER 45-2

General Powers

SECTION 45-2-61



   § 45-2-61  Town of Barrington –

Municipal court. –

(a) The town council of the town of Barrington 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

violations 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 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 sixth division of the

district court and be entitled to a trial de novo in accordance with

subdivision 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;



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

of the ordinances and statutes.



   (c) 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 be subject

to review by the chief magistrate of the traffic tribunal in accordance with

§ 8-18-11. Any person desiring to appeal 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.



   (d) The town council of the town of Barrington is authorized

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

the 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, punish persons for contempt and to

authorize and execute search warrants to the extent the warrants could be

authorized and executed by a justice of the district court.



History of Section.

(P.L. 2012, ch. 212, § 1; P.L. 2012, ch. 248, § 1.)