§ 45-2-51 - Town of Lincoln – Municipal court.
SECTION 45-2-51
§ 45-2-51 Town of Lincoln – Municipalcourt. – (a) The town council of the town of Lincoln may establish a municipal court andconfer upon the court original jurisdiction, notwithstanding any otherprovisions of the general laws, to hear and determine causes involving theviolations of the town of Lincoln Charter, Code of Ordinances, includingminimum housing ordinances of the town and any violation of the provisions ofchapter 24.3 of this title, entitled the "Rhode Island Housing Maintenance andOccupancy Code"; provided, however, that any defendant found guilty of anyoffense, excluding violation of the minimum housing ordinances or chapter 24.3of this title, may within seven (7) days of conviction, file an appeal from theconviction to the superior court for Providence County and be entitled in thelatter court to a trial de novo; and provided further, however, that anydefendant found guilty of any violation of a minimum housing ordinance or ofchapter 24.3 of this title may, within seven (7) days of the 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 dealing withhousing maintenance and occupancy, the town council may also confer upon themunicipal 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 municipal court shall have concurrent jurisdictionwith the Rhode Island Traffic Tribunal to hear and adjudicate those violationsconferred upon the municipal court and enumerated in § 8-18-3.Adjudication of summons by the municipal court shall be in conformance with§ 8-18-4. The municipal court shall hear and decide traffic matters in amanner consistent with the procedures of the traffic tribunal, and subject toreview by the chief magistrate of the traffic tribunal in accordance with§ 8-18-11. Any person desiring to appeal from an adverse decision of themunicipal court for violations enumerated in § 8-18-3, may seek reviewthereof pursuant to the procedures set forth in § 31-41.1-8.
(d) The town council of the town of Lincoln is authorized andempowered to appoint a judge and clerk of the municipal court. The town councilof the town of Lincoln 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 execute search warrants to the extent the warrants could be executed by ajudge of the district court.