[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 5-6-2019 by Ord. No. 2019-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 12, Court,
Municipal, adopted 11-16-1987 (Sec. 1.11 of the 1986 Town Code), as
amended.
There is hereby created and established a Municipal Court under
the provisions of Ch. 755, Wis. Stats., for the City of Oconomowoc,
Village of Oconomowoc Lake, Village of Dousman, Town of Delafield,
Village of Nashotah, Town of Lisbon, Town of Merton, Village of Sussex,
Village of Hartland, Village of Lac LaBelle, Town of Oconomowoc, Village
of Summit, Village of Chenequa, Town of Erin, Village of Merton, Village
of Sullivan, Village of Johnson Creek, Town of Ixonia (Contract Member),
Town of Ottawa (Contract Member), and Town of Sullivan (Contract Member),
or so many of those municipalities which enact an ordinance identical
to this chapter pursuant to § 755.01(4), Wis. Stats.
Such court shall be under the jurisdiction of and presided over
by a Municipal Judge, who shall be an attorney licensed to practice
law in Wisconsin, and who shall reside in one of the following municipalities:
City of Oconomowoc, Village of Oconomowoc Lake, Village of Dousman,
Town of Delafield, Village of Nashotah, Town of Lisbon, Town of Merton,
Village of Sussex, Village of Hartland, Village of Lac LaBelle, Town
of Oconomowoc, Village of Summit, Village of Chenequa, Town of Erin,
Village of Merton, Village of Sullivan, Village of Johnson Creek,
Town of Ixonia, Town of Ottawa, or Town of Sullivan, or those municipalities
which enact an ordinance identical to this chapter and enter into
an agreement pursuant to § 66.0301, Wis. Stats, for the
joint exercise of the power granted under § 755.01, Wis.
Stats. Such Municipal Judge shall be elected at large in the spring
election for a term of four years commencing May 1. All candidates
for the position of Municipal Judge shall be nominated by nomination
papers as provided in § 8.10, Wis. Stats., and selection
at a primary election if such is held as provided in § 8.11,
Wis. Stats. The Town Board of the Town of Oconomowoc shall provide
for a primary election whenever three or more candidates file nomination
papers for such position of Municipal Judge as provided in § 8.11(1)(a),
Wis. Stats., and such primary election shall be held on the third
Tuesday of February as provided in § 5.02(22), Wis. Stats.
The Municipal Clerk of each municipality shall see to the compliance
with §§ 5.58(1c), 5.60(1)(b), 5.60(2), 7.10(1)(a),
7.60(4)(a) and 8.10(6)(bm), Wis. Stats., to provide for the election
of a Municipal Judge under § 755.01(4), Wis. Stats.
The Judge shall, after his election or appointment to fill a
vacancy, take and file the official oath as prescribed in § 757.02(1),
Wis. Stats., and at the same time execute and file an official bond
in the amount of $5,000. The Judge shall not act until his oath and
bond have been filed as required by § 19.01(4)(c), Wis.
Stats., and the requirements of § 755.03(2), Wis. Stats.,
have been complied with.
The salary of the Municipal Judge shall be fixed by the governing
bodies of the municipalities that created and established this Municipal
Court, which shall be in lieu of fees and costs. No salary shall be
paid for any time during his/her term during which such Judge has
not executed his official bond or official oath, as required by § 755.03,
Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
The municipalities may, by separate ordinances, resolutions, or through
the budget process, allocate funds for the administration of the Municipal
Court pursuant to § 66.0301, Wis. Stats.
The Municipal Judge of the Municipal Court shall have such jurisdiction
as provided by § 755.045, Wis. Stats., and § 755.05,
Wis. Stats., and as otherwise provided by state law. The Municipal
Judge is authorized to issue inspection warrants under § 66.0119,
Wis. Stats.
The Municipal Court shall be held in the Council Chambers of
the City of Oconomowoc City Hall at 174 E. Wisconsin Avenue, Oconomowoc,
Wisconsin, until relocated to the City of Oconomowoc Police Department
building at 630 East Wisconsin Avenue, Oconomowoc, Wisconsin. The
Municipal Court shall be open at such times as determined by the Municipal
Judge.
The Municipal Judge may impose punishment and sentences as provided
by § 800.09, Wis. Stats., and as provided in the ordinances
of the following municipalities: City of Oconomowoc, Village of Oconomowoc
Lake, Village of Dousman, Town of Delafield, Village of Nashotah,
Town of Lisbon, Town of Merton, Village of Sussex, Village of Hartland,
Village of Lac LaBelle, Town of Oconomowoc, Village of Summit, Village
of Chenequa, Town of Erin, Village of Merton, Village of Sullivan,
Village of Johnson Creek, Town of Ixonia, Town of Ottawa, or Town
of Sullivan. All forfeitures, fees, penalty assessments and costs
shall be paid to the Treasurer of the Municipality within which the
case arose within seven days after receipt of the money by the Municipal
Judge or other court personnel. At the time of the payment, the Municipal
Judge shall report to the Treasurer the title of the action, the offense
for which a forfeiture was imposed and the total amount of the forfeiture,
fees, penalty assessment and costs, if any.
The Municipal Court herein established shall be operated pursuant to and in compliance with the provisions of Ch. 800, Wis. Stats., and, where applicable, other provisions of the Wis. Stats. as referred to in § 12-10 below. The Municipal Judge shall establish in accordance with § 800.037, Wis. Stats., a schedule of deposits for violations of city, village and Town ordinances, resolutions and bylaws, except traffic regulations which are and shall be governed by § 345.26, Wis. Stats., and boating violations which are and shall be governed by §§ 23.66 and 23.67, Wis. Stats. Such deposit schedule shall be approved by the respective governing bodies of the municipalities creating and establishing this Court and shall be posted in the office of the Municipal Court Clerk and the police departments of the respective communities.
The procedure in Municipal Court shall be as provided by this chapter and state law, including, but not excluding because of enumeration, Chs. 66, 345, 751, 755, 757 and 800, Wis. Stats.
A.
The Municipal Judge may impose a sanction authorized under § 800.12(2),
Wis. Stats., for contempt of court, as defined in § 785.01(1),
Wis. Stats., in accordance with the procedures under § 785.03,
Wis. Stats.
B.
The Municipal Judge may impose a forfeiture for contempt under § 800.12(1),
Wis. Stats., in an amount not to exceed $50 or, upon nonpayment of
the forfeiture and the penalty assessment under § 757.05,
Wis. Stats., a jail sentence not to exceed seven days.
The Municipal Court hereby established shall not be abolished
while the § 755.01(4), Wis. Stats., agreement is in effect.
