Bill Sponsors
McKenney, LaMountain, and Appollonio
Committee
Senate Judiciary
Summary
Select
This legislation updates the powers and jurisdiction of the Municipal Court in the City of Warwick. It explicitly grants the court the authority to hear cases regarding violations of state building codes (including plumbing, electrical, and energy codes), zoning ordinances, and land subdivision rules. The bill expands the court's ability to use "equitable powers," meaning it can order actions like repairs or demolition to correct violations. Notably, the bill removes the court's authority to sentence individuals to jail time, limiting penalties to fines of up to $500. It also permits the court to order the destruction of certain impounded vehicles.
Sponsor
Analysis
Pros for Progressives
- Eliminates the possibility of incarceration for municipal ordinance violations, aligning with criminal justice reform goals to reduce the use of jail time for minor offenses.
- Strengthens the enforcement of housing and building codes, which ensures safer living conditions for tenants and helps prevent landlords from maintaining substandard housing.
- Provides the city with better tools to address abandoned properties and community blight through equitable powers, potentially improving neighborhood welfare.
Cons for Progressives
- The authorization to destroy impounded vehicles (often dirt bikes or ATVs) may disproportionately impact lower-income youth and minority communities who are frequently targeted by such ordinances.
- Fines of up to $500 per violation can be financially devastating for low-income residents, potentially criminalizing poverty even without the threat of jail.
- Expanded jurisdiction over strict zoning and code enforcement could potentially be used to harass homeowners or impede affordable housing initiatives if not applied equitably.
Pros for Conservatives
- Empowers local government to strictly enforce property standards, protecting the property values of responsible homeowners and businesses.
- Provides a strong "law and order" mechanism to deal with nuisance vehicles (like illegal ATVs) by allowing the court to order their destruction.
- Reduces government costs and liability by removing the option of incarceration, focusing instead on monetary penalties for compliance.
Cons for Conservatives
- Expands government reach by granting a municipal court broad powers to order the demolition of private property or compel specific repairs, infringing on property rights.
- Increases the regulatory burden on property owners by strictly codifying the enforcement of numerous state building and energy codes at the local level.
- Grants the government the power to seize and destroy private property (vehicles), which may be viewed as an excessive use of state power against personal assets.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Warwick Property Owners
- Landlords
- Builders and Contractors
- Tenants
- Owners of impounded vehicles
Towns Affected
Warwick
Cost to Taxpayers
None
Revenue Generated
Amount unknown
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Public Services
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Regulatory
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Clarity of Bill Language
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 45-2-19 of the General Laws in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows:
45-2-19. City of Warwick — Municipal court.
(a) The city council of the city of 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 the violation of any ordinance, including minimum housing ordinances, of the city and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, 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 five (5) days of the 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, that any defendant found guilty of any violation of a minimum housing ordinance, or of chapter 24.3, may, within five (5) 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 §§ 8-8-3(a)(4) and 8-8-3.2.
(b) In addition to the jurisdiction conferred in subsection (a) of this section, the municipal court shall have original jurisdiction, notwithstanding any other provisions of the general laws to the contrary, to hear and determine causes involving the violation of the zoning ordinances of the city and any violation of the provisions of chapter 24 of this title ("zoning ordinances"); 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 ("subdivision of land"): any violation of any local Warwick 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 including, without limitation, 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-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree, or order of the municipal court in any of these matters may file an appeal in the same manner and timeframe as set forth in subsection (a) of this section to the superior court and be entitled in the latter court to a trial de novo.
(b)(c) With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 of this title dealing with housing maintenance and occupancy matters within the jurisdiction of the municipal court, the city council may also confer upon the municipal 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, vacation, or demolition of any dwelling existing in violation;
(3) To otherwise compel compliance with all of the provisions of the ordinances and statutes; or
(4) To utilize and apply the provisions set forth in chapter 44 of title 34 (Abandoned Property).
(c)(d) The mayor of the city is authorized and empowered to appoint a judge of the municipal court with the advice and consent of the city or town council. The city council is authorized and empowered to enact ordinances governing the operation and procedure to be followed in the court and to establish a schedule of fees and costs. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine of not in excess of more than five hundred dollars ($500), or both for each violation. The municipal court may also order the destruction of any vehicle impounded in accordance with any ordinance enacted pursuant to § 31- 12-12(c). The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt. LC003185 - Page 2 of 4
SECTION 2. This act shall take effect upon passage.
45-2-19. City of Warwick — Municipal court.
(a) The city council of the city of 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 the violation of any ordinance, including minimum housing ordinances, of the city and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, 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 five (5) days of the 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, that any defendant found guilty of any violation of a minimum housing ordinance, or of chapter 24.3, may, within five (5) 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 §§ 8-8-3(a)(4) and 8-8-3.2.
(b) In addition to the jurisdiction conferred in subsection (a) of this section, the municipal court shall have original jurisdiction, notwithstanding any other provisions of the general laws to the contrary, to hear and determine causes involving the violation of the zoning ordinances of the city and any violation of the provisions of chapter 24 of this title ("zoning ordinances"); 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 ("subdivision of land"): any violation of any local Warwick 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 including, without limitation, 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-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree, or order of the municipal court in any of these matters may file an appeal in the same manner and timeframe as set forth in subsection (a) of this section to the superior court and be entitled in the latter court to a trial de novo.
(1) To restrain, prevent, enjoin, abate, or correct a violation;
(2) To order the repair, vacation, or demolition of any dwelling existing in violation;
(3) To otherwise compel compliance with all of the provisions of the ordinances and statutes; or
(4) To utilize and apply the provisions set forth in chapter 44 of title 34 (Abandoned Property).
SECTION 2. This act shall take effect upon passage.