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.)