[HISTORY: Adopted by the Town Board of the Town of Milton 6-13-2016 by Ord. No.
2016-1;[1] reenacted with revisions to the recitals 10-10-2016 by Ord. No. 2016-2. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 97, Joint Municipal Court, adopted 10-2-1989 by Ord.
No. 89-2, as amended.
There is hereby created and established a Municipal Court under
the provisions of Chapter 755 of the Wisconsin Statutes to be designated
as "Municipal Court for the Towns of Milton, Harmony and Lima." Pursuant
to Wis. Stats. § 755.01(4), the Town of Milton shall enter
into an agreement with the Town of Harmony and the Town of Lima entitled
"Intergovernmental Agreement Between the Towns of Milton, Harmony
and Lima of Rock County, Wisconsin, Concerning a Municipal Court and
Law Enforcement." The establishment of this Municipal Court is contingent
upon the entry into that agreement by each of the three towns and
upon the enactment of an identical ordinance by the Town of Harmony
and the Town of Lima.
The Municipal Court created under this chapter shall have exclusive
jurisdiction of offenses against the ordinances and the Municipal
Code of this Town except as otherwise provided under Wisconsin law,
and shall exercise such jurisdiction to the fullest extent permitted
under Wisconsin law.
The Municipal Court shall be presided over by a Municipal Judge.
A.Â
Election; term. The Municipal Judge shall be elected at large by
the electors of the Towns of Milton, Harmony and Lima at the spring
election in oddnumbered years for a term of four years or until a
successor is elected and qualifies, commencing on May 1 succeeding
his or her election. Mid-term vacancies in the Office of Municipal
Judge shall be filled by appointment pursuant to Wis. Stats. § 8.50(4)(fm).
Pursuant to Wis. Stats. § 755.01(4), the Municipal Judge
serving as such in the Town of Milton at the time of the adoption
of the ordinance creating this chapter shall serve as Municipal Judge
for the Municipal Court created under this chapter until the end of
the term he is serving at the time of adoption.
B.Â
Salary. The Municipal Judge shall receive a monthly salary paid by the Town of Milton, which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his term for which he has not executed and filed his official bond and oath as required by Subsection C of this section.
C.Â
Bond; oath. The Municipal Judge shall, after election or appointment,
execute and file with the Clerk of the Towns of Milton, Harmony and
Lima the oath prescribed by Wis. Stats. § 757.02, and, within
10 days thereafter, shall file with each Clerk a bond in an amount
fixed by the Town of Milton Board, which shall pay the costs of the
bond. The Municipal Judge shall also file a certified copy of the
oath with the office of director of state courts within 10 days after
taking the oath.
D.Â
Authority. The Municipal Judge shall exercise the authority of the
office to the fullest extent permitted under Wisconsin law.
E.Â
Sessions. The Municipal Court shall be open on the days and hours
set by order of the Municipal Judge and approved by the Town Board
of Milton.
The Municipal Judge shall keep his office and hold court in
the Milton Town Hall in the City of Milton, Wisconsin, or at such
other place as may be established by order of the Municipal Judge.
The procedure in Municipal Court shall be as provided in this
chapter and under state law, including, without limitation because
of enumeration, Wis. Stats. Chapters 800 and 755 and §§ 23.66
to 23.99, 778.14, 778.15, 778.18, and 345.20 to 345.53.
The Municipal Judge shall collect all forfeitures, penalty assessments,
fees and taxable costs in any action or proceeding before the Judge
and shall pay over such moneys to the Town of Milton Treasurer within
30 days of collection. At such time, the Municipal Judge shall also
report to the Town of Milton Treasurer the title and nature of offenses
and the total amount of judgments imposed in actions and proceedings
in which such moneys were collected, and shall also report the same
to the Town of Harmony clerk for offenses committed in the Town of
Harmony and to the Town of Lima clerk for offenses committed in the
Town of Lima.
A.Â
The Municipal Judge, after affording an opportunity to the person
to be heard in defense, may punish for contempt of Municipal Court
any person guilty of either of the following acts and no other:
(1)Â
Disorderly, contemptuous and insolent behavior toward the Judge while
engaged in any judicial proceeding or other conduct which tends to
interrupt the proceedings or to impair the respect due the Judge's
authority.
(2)Â
Resistance of or disobedience to any lawful order or process made
or issued by the Judge.
B.Â
The Municipal Judge may, upon finding any person guilty of contempt,
order such person to forfeit not more than $200 plus penalty assessments
under Wis. Stats. § 757.05.
C.Â
Upon nonpayment of the forfeiture and penalty, the person found guilty
of contempt may be sentenced to the county jail not to exceed seven
days.
A.Â
Deposit schedule to be established. The Municipal Judge shall establish
and submit to the Town Boards of the Towns of Milton, Harmony and
Lima, for their respective approvals, a schedule of deposits for violations
of the ordinances of each Town, except traffic regulations governed
by Wis. Stats. § 345.26 and boating violations governed
by Wis. Stats. § 23.67. When approved by the Town Board,
such deposit schedule shall be posted in the office of the Municipal
Court Clerk and the Town of Milton Chief of Police.
B.Â
Stipulation and deposit in lieu of court appearances. Persons cited
for violations of town ordinances or municipal codes for which a deposit
has been established under this section shall be permitted to make
a stipulation of no contest and a deposit in lieu of court appearance
as provided in Wis. Stats. §§ 800.035 and 800.09.
C.Â
Traffic and boating deposits. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Wis. Stats. Chapters 23 and 345, shall apply to stipulations and deposits for violations of traffic regulations in accordance with § 345.26 and boating regulations enacted in accordance with Wis. Stats. § 30.77.
