§45-2-34  Town of Tiverton – Municipal court. –


Published: 2015

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TITLE 45

Towns and cities

CHAPTER 45-2

General Powers

SECTION 45-2-34



   § 45-2-34  Town of Tiverton –

Municipal court. –

(1) The town council of the town of Tiverton 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 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 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 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.



   (2) 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:



   (i) To restrain, prevent, enjoin, abate, or correct a

violation;



   (ii) To order the repair, vacation, or demolition of any

dwelling existing in violation; or



   (iii) To otherwise compel compliance with all of the

provisions of those ordinances and statutes.



   (3) The town council of the town of Tiverton 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 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. 1990, ch. 468, § 1; P.L. 2009, ch. 310, § 46.)

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