§ 45-2-29 - Town of Westerly – Municipal court.
SECTION 45-2-29
§ 45-2-29 Town of Westerly –Municipal court. – (a) The town council of the town of Westerly may establish a municipal courtand confer upon that court original jurisdiction, notwithstanding any otherprovisions of the general laws, to hear and determine causes involving theviolation of any ordinance, including minimum housing ordinances of the townand any violation of the provisions of chapter 24.3 of this title, entitled theRhode Island Housing Maintenance and Occupancy Code; provided, however, thatany defendant found guilty of any offense, excluding violations of the minimumhousing ordinances or chapter 24.3 within the jurisdiction of the court, maywithin seven (7) days of the conviction, file an appeal from the conviction tothe superior court and be entitled in the latter court to a trial de novo; andprovided further, however, that any defendant found guilty of any violation ofa minimum housing ordinance or of chapter 24.3, may, within seven (7) days ofconviction, file an appeal from the conviction to the fourth division of thedistrict 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 ordinancesdealing with minimum housing or chapter 24.3 et seq., of this title dealingwith housing maintenance and occupancy, the town council may also confer uponthe municipal court, in furtherance of the court's jurisdiction, the power toproceed according to equity:
(1) To restrain, prevent, enjoin, abate, or correct aviolation;
(2) To order the repair, vacation, or demolition of anydwelling existing in violation; or
(3) To otherwise compel compliance with all of the provisionsof those ordinances and statutes.
(c) The town council of the town of Westerly is authorizedand empowered to appoint a judge of the municipal court. The judge shall servefor 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 ordinancesgoverning the personnel, operation, and procedure to be followed in the courtand to establish a schedule of fees and costs, and to otherwise provide for theoperation and management of the court. The municipal court may impose asentence not to exceed thirty (30) days in jail and impose a fine not in excessof five hundred dollars ($500), or both. The court is empowered to administeroaths, compel the attendance of witnesses, and punish persons for contempt, andto authorize and execute search warrants to the extent the warrants could beauthorized and executed by a justice of the district court.