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52

ARTICLE 38. - MUNICIPAL COURT

Part of the Code of Ordinances of West Warwick, RI.

Local law · Updated October 21, 2025 · 1,422 sections

The text

Sec. 1. - General Laws amended.#

Section 45-2-26 of the General Laws [G.L. 1956, § 45-2-26] in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows: 45-2-26. Town of West Warwick—Municipal Court. (a)

The town council of the town of West Warwick may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title entitled, The Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled 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 ordinance or of chapter 24.3, may, within seven (7) days of the conviction, file an appeal from the conviction to the third division of the district court and be entitled to a trial de novo in accordance with sections 8-8-3(a)(4) and 8-8-3.2 [G.L. 1956, §§ 8-8-3(a)(4) and 8-8-3.2].

(b)

With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the aforesaid jurisdiction, the power to proceed according to equity: (a) to restrain, prevent, enjoin, abate or correct a violation; (b) to order the repair, vacation or demolition of any dwelling existing in violation; or (c) to otherwise compel compliance with all of the provisions of the ordinances and statutes.

(c)

The town council of the town of West Warwick shall be authorized and empowered to appoint a judge of said municipal court. The town council of said town shall be authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine of not in excess of five hundred dollars ($500.00) or both. The court shall be empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

(Laws 1989, ch. 521, § 1)