[HISTORY: Adopted by the Town Board of the Town of Milton 6-13-2016 by Ord. No. 2016-1; reenacted with revisions to the recitals 10-10-2016 by Ord. No. 2016-2. Amendments noted where applicable.]
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.
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.
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.
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.
Authority. The Municipal Judge shall exercise the authority of the office to the fullest extent permitted under Wisconsin law.
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.
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:
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.
Resistance of or disobedience to any lawful order or process made or issued by the Judge.
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.
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.
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.
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.
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.