§ 45-2-37 - Town of Middletown – Municipal court.
SECTION 45-2-37
§ 45-2-37 Town of Middletown –Municipal court. – (a) The town council of the town of Middletown may establish a municipal courtand confer upon the 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 violation of the minimumhousing ordinances or chapter 24.3 within the jurisdiction of the court, maywithin seven (7) days of conviction, file an appeal from the conviction to thesuperior court for Newport county and be entitled in the latter court to atrial de novo; and provided further, however, that any defendant found guiltyof any violation of a minimum housing ordinance or of chapter 24.3, may, withinseven (7) days of the conviction, file an appeal from the conviction to thesecond division of the district court and be entitled to a trial de novo inaccordance 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 the ordinances and statutes.
(c) The town council of the town of Middletown is authorizedand empowered to appoint a judge of the municipal court. The town council ofthat town is authorized and empowered to enact ordinances governing thepersonnel, operation and procedure to be followed in the court and to establisha schedule of fees and costs, and to otherwise provide for the operation andmanagement of the court. The municipal court may impose a sentence not toexceed thirty (30) days in jail and impose a fine of not in excess of fivehundred dollars ($500), or both. The court is empowered to administer oaths,compel the attendance of witnesses and punish persons for contempt and toexecute search warrants to the extent the warrants could be executed by a judgeof the district court.