§ 45-2-58 - Town of Smithfield – Municipal court.
SECTION 45-2-58
§ 45-2-58 Town of Smithfield –Municipal court. – (a) The town council of the town of Smithfield may establish a municipal courtand confer upon the court original jurisdiction, notwithstanding any otherprovisions of the general laws, to hear and determine causes involving theviolations of the town of Smithfield 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 may, within seven (7) days of the conviction, file an appeal fromthe conviction to the sixth division of the district court and be entitled to atrial de novo in accordance with subsections 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;
(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 be subjectto review by the chief judge of the district court in accordance with §8-18-11. Any person desiring to appeal an adverse decision of the municipalcourt for violations enumerated in § 8-18-3, may seek review thereofpursuant to the procedures set forth in § 31-41.1-8.
(d) The town council of the town of Smithfield is authorizedand empowered to appoint a judge and clerk of the municipal court. The towncouncil of the town of Smithfield is authorized and empowered to enactordinances governing the personnel, operation and procedure to be followed inthe court and to establish a schedule of fees and costs, and to otherwiseprovide for the operation and management of the court. The municipal court mayimpose a sentence not to exceed thirty (30) days in jail and impose a fine notin excess of five hundred dollars ($500), or both. The court is empowered toadminister oaths, compel the attendance of witnesses and punish persons forcontempt and to execute search warrants to the extent the warrants could beexecuted by a judge of the district court.