Bill Summary – FastDemocracy

-- H 5637
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     LC001892
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                       STATE               OF        RHODE                ISLAND
                                          IN GENERAL ASSEMBLY
                                        JANUARY SESSION, A.D. 2021
                                              ____________
                                                 AN ACT
                     RELATING TO TOWNS AND CITIES -- GENERAL POWERS
                Introduced By: Representatives Knight, and McEntee
                Date Introduced: February 22, 2021
                Referred To: House Judiciary
     It is enacted by the General Assembly as follows:
         SECTION 1. Sections 45-2-13, 45-2-25, 45-2-27, 45-2-29, 45-2-30, 45-2-32, 45-2-34, 45-
 2-37, 45-2-38, 45-2-44, 45-2-45, 45-2-46, 45-2-47, 45-2-50, 45-2-51.1, 45-2-52, 45-2-55, 45-2-56,
 45-2-58, 45-2-59, 45-2-61, 45-2-62 and 45-2-63 of the General Laws in Chapter 45-2 entitled
 "General Powers" are hereby amended to read as follows:
         45-2-13. City of Pawtucket -- Municipal police court -- Municipal housing court.
         (a) The city council of the city of Pawtucket may establish a municipal police court and
 confer upon the court original jurisdiction, notwithstanding any other provisions of the general
 laws, to hear and determine causes involving the violation of any ordinance; provided, that any
 defendant found guilty of any offense, excluding violations of the city's minimum housing
 ordinances and zoning ordinances, may, within seven (7) days of conviction, file an appeal from
 the conviction to the Providence superior court and be entitled in the latter court to a trial de novo.
         (b) The city council of the city of Pawtucket may establish a municipal housing court and
 confer upon the court original jurisdiction, notwithstanding any other provisions of the general
 laws, to hear and determine causes involving the violation of the zoning ordinances of the city and
 any violation of the provisions of chapter 24 of this title, entitled the Rhode Island zoning enabling
 act of 1991, and any violation of the provisions of chapter 27.3 of title 23 entitled the Rhode Island
 state building code, and any violation of the provisions of those regulations promulgated by the
 state building code commission entitled SBC-1 Rhode Island state building code, SBC-2 Rhode
 Island state one and two (2) family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-
 4 Rhode Island state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state
 property maintenance code, and SBC-8 Rhode Island state energy conservation code; and provided,
 further, that any party aggrieved by a final judgment, decree or order of the Pawtucket housing
 court may, within twenty (20) days after entry of this judgment, decree or order, petition to the
 supreme court for the state of Rhode Island for a writ of certiorari to review any errors involved.
 The petition for the writ of certiorari shall state the errors claimed. Upon the filing of a petition
 with the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorari
 to the Pawtucket housing court to certify to the supreme court the record of the proceedings of the
 case together with and transcript of the proceedings by the petitioner at his expense.
         (c) With respect to violations of either municipal ordinances dealing with minimum
 housing or zoning regulations, or chapter 24.3 et seq., of this title dealing with housing maintenance
 and occupancy, or chapter 24 et seq., of this title dealing with enforcement of zoning regulations,
 the city council may also confer upon the Pawtucket housing court, in furtherance of its 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;
         (3) To otherwise compel compliance with all of the provisions of those ordinances and
 statutes; or
         (4) To order a dwelling into receivership and to order the removal of any cloud on the title
 to the building or property which shall be binding upon all those claiming by, through, under, or
 by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.
         (d) The city council of the city of Pawtucket is authorized and empowered to appoint a
 judge to serve as both the municipal police court judge and the municipal housing court judge. The
 city council of the city 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 courts
 created by this section may impose a sentence not to exceed thirty (30) days in jail and impose a
 fine not in excess of one thousand dollars ($1,000), or both. The courts are 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.
         45-2-25. City of Woonsocket -- Municipal court.
         (a) The city council of the city of Woonsocket 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 violation of any ordinance, including minimum housing
                                           LC001892 - Page 2 of 26
 ordinances, of the city 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 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 the conviction, file an appeal from the conviction to the seventh 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
 city 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 city council of the city of Woonsocket is authorized and empowered to appoint a
 judge of the municipal court. The city council of the city 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 search warrants could be executed by a judge of the district
 court.
             (d) The municipal court also has original jurisdiction, notwithstanding any other provisions
 of the general laws, to hear and determine violations of §§ 11-9-13 and 11-9-13.1 pertaining to the
 sale or delivery of tobacco products to persons under the age of eighteen (18); provided, however,
 that any defendant found guilty of any offense may, within seven (7) days of the conviction, file an
 appeal from the conviction to the district court and be entitled in the latter court to a trial de novo
 in accordance with § 8-8-3.
             45-2-27. City of Central Falls -- Municipal court.
             (a) The city council of the city of Central Falls may establish a municipal court and confer
 upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to
                                               LC001892 - Page 3 of 26
 hear and determine causes involving the violation of any ordinance, including minimum housing
 ordinances, of that city and any violation of the provisions of chapter 24.3 of this title, entitled the
 Rhode Island Housing Maintenance and Occupancy Code, and there is conferred upon that court
 concurrent jurisdiction with the traffic tribunal to hear and determine causes involving the violation
 of § 31-20-17; 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 fifth 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
 city 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 city council of the city of Central Falls is authorized and empowered to appoint a
 judge of the municipal court. The city council of the city 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.
             45-2-29. Town of Westerly -- Municipal court.
             (a) The town council of the town of Westerly 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
                                               LC001892 - Page 4 of 26
 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 fourth 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 Westerly is authorized and empowered to appoint a
 judge of the municipal court. The judge shall serve for a term of two (2) years, with the first term
 commencing January 1, 1989. 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
 authorize and execute search warrants to the extent the warrants could be authorized and executed
 by a justice of the district court.
             45-2-30. Town of Narragansett -- Municipal court.
             (a) The town council of the town of Narragansett 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
                                               LC001892 - Page 5 of 26
 24.3, may, within seven (7) days of conviction, file an appeal from the conviction to the fourth
 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 Narragansett 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.
             45-2-32. Town of Charlestown -- Municipal court.
             (a) The town council of the town of Charlestown 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 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 the chapter 24.3 may, within seven (7) days of the conviction,
 file an appeal from the conviction to the fourth 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