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.)