TITLE 45

Towns and cities

CHAPTER 45-2

General Powers

SECTION 45-2-50



   § 45-2-50  Town of Exeter – Municipal

court. –

(a) The town council of the town of Exeter 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

violation of any ordinance, including, but not limited to, municipal code

violations, animal regulation violations, traffic and parking violations,

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 violations of the minimum housing ordinances or chapter 24.3

of this title within the jurisdiction of 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; and provided further,

however, that any defendant found guilty of any violation of a minimum housing

ordinance or of chapter 24.3 of this title, may within seven (7) days of

conviction, file an appeal from the conviction to the fourth 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 those ordinances and statutes.



   (c) The town council of the town of Exeter is authorized and

empowered to appoint a judge of the municipal court. The judge shall serve for

a term of two (2) years, or concurrent with the term of each appointing

council. 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 sentences not to exceed thirty (30) days in jail and impose fines 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 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. 2005, ch. 111, § 1; P.L. 2005, ch. 115, § 1; P.L. 2008, ch.

475, § 27.)