TITLE 45

Towns and cities

CHAPTER 45-2

General Powers

SECTION 45-2-51



   § 45-2-51  Town of Lincoln – Municipal

court. –

(a) The town council of the town of Lincoln 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

violations of the town of Lincoln Charter, Code of Ordinances, 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

of this title, may within seven (7) days of conviction, file an appeal from the

conviction to the superior court for Providence 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 of this title 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 §§ 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 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 subject to

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

§ 8-18-11. Any person desiring to appeal from 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 Lincoln is authorized and

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

of the town of Lincoln 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 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. 2005, ch. 433, § 1; P.L. 2008, ch. 119, § 2.)