§ 45-2-13 - City of Pawtucket – Municipal police court – Municipal housing court.
SECTION 45-2-13
§ 45-2-13 City of Pawtucket –Municipal police court – Municipal housing court. – (a) The city council of the city of Pawtucket may establish a municipal policecourt and confer upon the court original jurisdiction, notwithstanding anyother provisions of the general laws, to hear and determine causes involvingthe violation of any ordinance; provided, that any defendant found guilty ofany offense, excluding violations of the city's minimum housing ordinances andzoning ordinances, may, within seven (7) days of conviction, file an appealfrom the conviction to the Providence superior court and be entitled in thelatter court to a trial de novo.
(b) The city council of the city of Pawtucket may establish amunicipal housing court and confer upon the court original jurisdiction,notwithstanding any other provisions of the general laws, to hear and determinecauses involving the violation of the minimum housing ordinances and zoningordinances of the city and any violation of the provisions of chapter 24.3 ofthis title, entitled the Rhode Island housing maintenance and occupancy code,and chapter 24 of this title, entitled the Rhode Island zoning enabling act of1991; and provided, further, that any party aggrieved by a final judgment,decree or order of the Pawtucket housing court may, within twenty (20) daysafter entry of this judgment, decree or order, petition to the supreme courtfor the state of Rhode Island for a writ of certiorari to review any errorsinvolved. The petition for the writ of certiorari shall state the errorsclaimed. Upon the filing of a petition with the clerk of the supreme court, thesupreme court may, if it sees fit, issue a writ of certiorari to the Pawtuckethousing court to certify to the supreme court the record of the proceedings ofthe case together with and transcript of the proceedings by the petitioner athis expense.
(c) With respect to violations of either municipal ordinancesdealing with minimum housing or zoning regulations, or chapter 24.3 et seq., ofthis title dealing with housing maintenance and occupancy, or chapter 24 etseq., of this title dealing with enforcement of zoning regulations, the citycouncil may also confer upon the Pawtucket housing court, in furtherance of itsjurisdiction, the power to proceed 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 those ordinances and statutes; or
(4) To order a dwelling into receivership and to order theremoval of any cloud on the title to the building or property which shall bebinding upon all those claiming by, through, under, or by virtue of anyinferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.
(d) The city council of the city of Pawtucket is authorizedand empowered to appoint a judge to serve as both the municipal police courtjudge and the municipal housing court judge. The city council of the city isauthorized and empowered to enact ordinances governing the personnel,operation, and procedure to be followed in the court and to establish aschedule of fees and costs and to otherwise provide for the operation andmanagement of the court. The municipal courts created by this section mayimpose a sentence not to exceed thirty (30) days in jail and impose a fine notin excess of one thousand dollars ($1,000), or both. The courts are empoweredto administer 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.