[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
[Amended 6-4-2013 by Ord.
No. 2067; 12-4-2018 by Ord. No. 2183]
The Mayor shall be the chief executive officer. The Mayor shall
be elected by the voters and shall have such powers and duties as
prescribed by law. The regular term of Mayor shall be three years.
[Amended 6-4-2013 by Ord.
No. 2070; 12-4-2018 by Ord. No. 2183]
The City Treasurer shall be appointed.
[Amended 6-4-2013 by Ord.
No. 2069; 12-4-2018 by Ord. No. 2183]
The City Clerk shall be appointed.
The Office of the City Comptroller is hereby dispensed with
and the duties of said office shall be performed by the City Clerk.
The City Clerk, in the performance of the duties of the Office of
City Comptroller, shall be known and designated as Acting Comptroller.
[1]
Editor’s Note: Former § 3.05, City Treasurer’s
and City Clerk’s bond, as amended, was repealed 12-4-2018 by
Ord. No. 2183.
[Amended 6-4-2013 by Ord.
No. 2068; 12-4-2018 by Ord. No. 2183]
The City Attorney shall be appointed and shall have such powers
and duties as are prescribed by law or by ordinance of the City of
South Milwaukee. Appointed City attorneys serve at the pleasure of
the Common Council and may be removed by a 3/4 vote of the members-elect
of the Common Council.
[Amended 10-29-1953 by Ord. No. 499; 12-4-2018 by Ord. No. 2183]
The City Engineer shall be appointed.
[1]
Editor’s Note: Former § 3.08, Duties of City Engineer,
as amended, was repealed 12-4-2018 by Ord. No. 2183.
[1]
Editor’s Note: Former § 3.10, Duties of the Assessor,
was repealed 12-4-2018 by Ord. No. 2183.
A.
Pursuant to the authority granted by § 755.01 and Chapter
755, Wis. Stats. (2018), there is hereby established the Municipal
Court of the City of South Milwaukee.
[Amended 12-4-2018 by Ord. No. 2183]
B.
Office of Municipal Court Judge created. Pursuant to the authority
granted by § 755.01, Wis. Stats., there is hereby created
the Office of Judge of the Municipal Court for the City of South Milwaukee,
Wisconsin.
[Amended 4-21-1998 by Ord. No. 1705; 12-4-2018 by Ord. No. 2183]
C.
Election - term. The Municipal Judge shall be elected at large at
the Spring Election for a term of three years. No person shall be
eligible for the office of Municipal Judge unless he or she is an
attorney licensed to practice law by the State of Wisconsin.
[Amended 9-29-1972 by Ord. No. 949; 4-21-1998 by Ord. No. 1705; 6-4-2013 by Ord. No. 2066; 12-4-2018 by Ord. No. 2183]
D.
Salary. The Municipal Judge shall receive a salary as prescribed in the annual salary ordinance, which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his/her term for which he/she has not executed and filed his/her official bond and oath as required by § 3.11E of this chapter.
[Amended 4-21-1998 by Ord. No. 1705; 12-4-2018 by Ord. No. 2183]
E.
Bond - oath. The Municipal Judge shall execute and file with the
Clerk of the Circuit Court for Milwaukee County the oath prescribed
by § 755.03, Wis. Stats., and a bond in the amount required
by Wisconsin Statutes.
[Amended 4-21-1998 by Ord. No. 1705; 12-4-2018 by Ord. No. 2183]
F.
Jurisdiction. The Municipal Judge shall have such jurisdiction as
provided by law.
[Amended 4-21-1998 by Ord. No. 1705]
G.
Procedure.
(1)
The Municipal Court for the City of South Milwaukee, Wisconsin, shall
be open as determined by order of the Municipal Judge.
(2)
The procedure in Municipal Court for the City of South Milwaukee
shall be as provided by this section and state law, including, but
not excluding because of enumeration, Chapters 66, 755, and 800 of
the Wisconsin Statutes.
[Amended 4-21-1998 by Ord. No. 1705; 12-4-2018 by Ord. No. 2183]
(3)
In the following cases, and no others, the Municipal Judge may punish,
by a forfeiture not to exceed $50, or upon default in payment of the
forfeiture, a jail sentence not to exceed seven days, for contempt:
[Added 10-3-1972 by Ord.
No. 953; amended 4-21-1998 by Ord. No. 1705; 12-4-2018 by Ord. No. 2183]
(a)
Persons guilty of disorderly, contemptuous and insolent behavior
towards him/her, while engaged in any judicial proceedings, or other
conduct, which tends to interrupt such proceeding or impair the respect
to his/her authority.
(b)
Persons guilty of resistance or disobedience to any lawful order
or process made or issued by him/her.
H.
Clerk. The Judge may appoint a Clerk who shall receive compensation
as prescribed in the annual salary ordinance. Such Clerk shall take
and file the oath prescribed by law.
[Amended 4-21-1998 by Ord. No. 1705]
I.
Effective date. This section shall take effect upon passage and publication
as provided by law, provided that the incumbent Municipal Judge shall
continue to serve as the Municipal Judge of the Municipal Court for
the City of South Milwaukee until the regular Municipal Judge is elected
and qualified pursuant to this section.
[Amended 2-26-1968 by Ord. No. 842; 4-21-1998 by Ord. No. 1705; 12-4-2018 by Ord. No. 2183]
[1]
Editor's Note: Former § 3.12 was repealed.
Former § 3.13, Constable, was repealed 2-22-1989 by Ord.
No. 1421.
[1]
Editor’s Note: Former § 3.15, Duties of Street
Superintendent, was repealed 12-4-2018 by Ord. No. 2183.
[Amended 12-4-2018 by Ord. No. 2183]
The Chief of Police shall be appointed in the manner prescribed
by law, and he or she shall have such powers and duties as are properly
prescribed by law or by ordinance of the City of South Milwaukee or
by order or regulation of the Board of Police and Fire Commissioners.
[Amended 12-4-2018 by Ord. No. 2183]
The Chief of the Fire Department shall be appointed in the manner
prescribed by law, and he or she shall have such powers and duties
as are properly prescribed by law or by ordinance of the City of South
Milwaukee or by order or regulation of the Board of Police and Fire
Commissioners.
The Sealer of Weights and Measures shall be selected in the
manner prescribed by law and shall have such powers and duties as
are prescribed by law or by ordinance of the City of South Milwaukee.
There shall be a Building Inspector appointed in the manner prescribed in Chapter 16 of the South Milwaukee Code with such powers and duties as are prescribed by said chapter.
There shall be an Electrical Inspector appointed in the manner prescribed in Chapter 17 of the South Milwaukee Code with such powers and duties as are prescribed by said chapter.
[Amended 4-5-2000 by Ord.
No. 1764]
There shall be a Plumbing Inspector appointed in the manner prescribed in Chapter 18 of the South Milwaukee Code with such powers and duties as are prescribed by said chapter.
There shall be a Medical Advisor appointed in the manner prescribed in Chapter 8 with such powers and duties as are prescribed by law or by ordinance of the City of South Milwaukee.
[1]
Editor's Note: Former § 3.23, Plan Engineer,
was repealed 4-21-1998 by Ord. No. 1705.
[Amended 8-14-1979 by Ord. No. 1098]
Vacancies in City offices shall be filled as follows:
A.
In the Office of Mayor, except as provided in § 9.10, Wis. Stats., by appointment by the Common Council. In the Office of Alderman, by Common Council, except as provided in § 9.10, Wis. Stats. A person so appointed shall hold office until a successor is elected and qualified. A successor shall be elected for the residue of the unexpired term on the first Tuesday of April next after the vacancy happens, in case it happens 90 days or more before such day, but if such vacancy happens within 90 days before such day, then the successor shall be elected on the following such date; but no election to fill a vacancy in such office shall be held at the time of holding the regular election for that office.
B.
In the Office of Municipal Judge, by election pursuant to the provisions
of § 8.50, Wis. Stats.[1]
[1]
Editor’s Note: Former Subsections C and D, regarding
vacancies for other elected officers and for appointive offices, which
immediately followed this subsection, were repealed 12-4-2018 by Ord.
No. 2183.
[Added 12-15-1998 by Ord.
No. 1721; amended 12-4-2018 by Ord. No. 2183]
The City Administrator shall be the Chief Administrative Officer
of the City, responsible to the Mayor and the Council for the proper
administration of the business affairs of the City. The City Administrator
shall be appointed on the basis of merit with due regard to training,
experience, administrative ability and general fitness for the office,
by a majority vote of the Council. The City Administrator shall hold
office for an indefinite term subject to removal at any time by a
super majority vote of the Council. The City Administrator shall serve
at the pleasure of the Common Council.
[1]
Editor’s Note: Former § 3.26, Duties of the Administrative
Coordinator, was repealed 12-4-2018 by Ord. No. 2183.
