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§45-2-52  Town of Jamestown – Municipal Court. –


Published: 2015

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TITLE 45

Towns and cities

CHAPTER 45-2

General Powers

SECTION 45-2-52



   § 45-2-52  Town of Jamestown –

Municipal Court. –

(a) The town council of the town of Jamestown 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, 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; and, if but

only if, jurisdiction is specifically conferred by a vote of the town council,

traffic and parking violations; provided, however, that any defendant found

guilty of any offense, excluding violations of the minimum housing ordinances

or chapter 24.3 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, may within seven (7) days of 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 those ordinances and statutes.



   (c) The town council of the town of Jamestown 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. 2006, ch. 90, § 1; P.L. 2006, ch. 159, § 1.)