§ 45-2-68. Town of Foster — Municipal court.
(a) The town council of the town of Foster may establish a municipal court and confer
upon that court original jurisdiction, notwithstanding any other provisions of the
general laws, to hear and determine causes involving the violation of any ordinance;
provided, however, that any defendant found guilty of any offense, excluding violations
outlined in subsection (b) of this section, may, within seven (7) days of conviction,
file an appeal from the conviction to the Providence county superior court and be
entitled in the latter court to a trial de novo.
(b) The town council of the town of Foster may establish a municipal housing court and
confer upon the court original jurisdiction, notwithstanding any other provisions
of the general laws, to hear and determine causes involving the violation of the zoning
ordinances of the town and any violation of the provisions of chapter 24 of this title
("Rhode Island zoning enabling act of 1991�); any violation of chapter 24.1 of this
title (� historical area zoning�); any violation of chapter 24.2 of this title ("minimum
housing standards�); any violation of chapter 24.3 of this title ("housing maintenance
and occupancy code�); any violation of chapter 23 of this title ("development review
act�); any violation of any local Foster ordinance or regulation enacted pursuant
to these chapters; and any violation of the provisions of chapter 27.3 of title 23 ("state building code�); and any violation of the provisions of those regulations
promulgated by the state building code commission entitled SBC-1 Rhode Island state
building code; SBC-2 Rhode Island state one and two (2) family dwelling code; SBC-3
Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5
Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode
Island state energy conservation code; and SBC-19 Rhode Island state fuel and gas
code; and provided, further, that any party aggrieved by a final judgment, decree,
or order of the Foster housing court may, within twenty (20) days after entry of this
judgment, decree, or order, file an appeal to the Providence county superior court
and be entitled in the latter court to a trial de novo.
(c) With respect to violations falling under the jurisdiction of the Foster housing court,
as outlined in subsection (b) of this section, the town council may also confer upon
the housing court, in furtherance of the court's jurisdiction, the power to proceed
according to equity:
(1) To restrain, prevent, enjoin, abate, or correct a violation;
(2) To order the repair, vacating, or demolition of any dwelling existing in violation;
(3) To otherwise compel compliance with all of the provisions of those ordinances, regulations,
and statutes; and
(4) To order a dwelling into receivership and to order the removal of any cloud on the
title to the building or property that shall be binding upon all those claiming by,
through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.
(d) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic
tribunal to hear and adjudicate those violations conferred 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 a manner consistent
with the procedures of the traffic tribunal, and subject to review by the chief magistrate
of the traffic tribunal in accordance with § 8-18-11. Any person desiring to appeal from an adverse decision of the municipal court for
violations enumerated in § 8-18-3, may seek review thereof pursuant to the procedures set forth in § 31-41.1-8.
(e) The town council of the town of Foster is authorized and empowered to appoint a judge
and clerk of the municipal court. The town council of the town of Foster is also authorized
to appoint a judge and clerk of the housing court, who may be, but is not required
to be, the same person(s) holding the judgeship over the municipal court. The town
council is 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 fine not in excess of five hundred dollars ($500) for
each offense. The court is empowered to administer oaths, compel the attendance of
witnesses, and punish persons for contempt.