§ 45-2-44 - Town of Cumberland – Municipal court.
SECTION 45-2-44
§ 45-2-44 Town of Cumberland –Municipal court. – (a) The town council of the town of Cumberland may establish a municipal courtand confer upon that court original jurisdiction, not withstanding 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 of this title may, within seven (7) days ofconviction, file an appeal from the conviction to the superior court and beentitled 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 ordinanceor of chapter 24.3 of this title, may within seven (7) days of conviction, filean appeal from the conviction to the sixth division of the district court andbe entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and8-8-3.2.
(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 Cumberland is authorizedand empowered to appoint a judge and clerk of the municipal court. The towncouncil of the city is authorized and empowered to enact ordinances governingthe personnel, operation, and procedure to be followed in the court and toestablish 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 execute search warrants to the extent the warrants could be executed by ajudge of the district court.