[HISTORY: Adopted by the Village Board of the Village of Howards Grove 4-4-2017 by Ord. No. 2017-01. Amendments noted where applicable.]
GENERAL REFERENCES
Citations -- See Ch. 20.
Pursuant to the authority granted by Chapter 755 of the Wisconsin Statutes, there is hereby created and established a Joint Municipal Court to be designated "Northern Moraine Municipal Court," said court to become operative and function on ______ as the successor to the Municipal Court for the Village of Elkhart Lake and Town of Rhine, established on May 7, 2001. This ordinance, adopted by each municipal member of the court, shall constitute the agreement contemplated by Wis. Stats. § 755.01(4).
A. 
Qualifications. The joint 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 resides in one of the municipalities that is a party to the agreement forming this joint court, which are the Village of Elkhart Lake, the Village of Howards Grove, and the Town of Rhine, each in Sheboygan County, Wisconsin.
B. 
Oath and bond. The Judge shall, after 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 $25,000. The Judge shall not act until the oath and bond have been filed as required by § 19.01(4)(c), Wis. Stats., and the requirements of § 755.03(2) have been complied with.
C. 
Salary. The salary of the Municipal Judge shall be fixed by the Boards of the municipalities that are parties to the agreement, which salary shall be in lieu of fees and costs. No salary shall be paid for any time during the term during which such Judge has not executed the official bond or official oath, as required by § 755.03, Wis. Stats., and filed pursuant to § 19.01(40(c), Wis. Stats. The municipalities may by separate resolution allocate funds for the administration of the Municipal Court pursuant to § 66.0301, Wis. Stats.
D. 
Current Judge. The Municipal Judge presiding over the Municipal Court for the Village of Elkhart Lake and the Town of Rhine at the time of the initial adoption of this Ordinance shall carry out her current term as Municipal Judge of the Northern Moraine Municipal Court.
A. 
Term. The Municipal Judge shall be elected at large in the spring election for a term of four years commencing on May 1, 2016, and elections being held every four years from that time. All candidates for the position of Municipal Judge shall be nominated by nomination papers as provided in § 8.10, Wis. Stats., and selected at a primary election if such is held as provided in § 8.11, Wis. Stats. The State Elections Board shall serve as filing officer for the candidates.
B. 
Electors. Electors in all municipalities that are parties to the agreement shall vote for Judge.
A. 
The Municipal Court shall have jurisdiction over incidents occurring on or after April 15, 2001, as provided in Article VII, § 14 of the Wisconsin Constitution, §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by state law. In addition, it shall have exclusive jurisdiction over actions in the municipalities that are parties to the agreement seeking to impose forfeitures for violations of municipal ordinances, resolutions and bylaws.
B. 
The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under § 755.045(2) and § 66.0119, Wis. Stats.
C. 
The Municipal Court has jurisdiction over juvenile offenders when a municipality that is party to the agreement enacts an ordinance under the authority of § 938.17(2)(cm), Wis. Stats.
A. 
Hours. The Municipal Court shall be open at such location and at such times as determined by the governing bodies of the municipalities that are parties to the agreement and the Municipal Judge.
B. 
Employees. The Judge shall, in writing, appoint such clerks and deputy clerks as are authorized and funded by the municipalities that are parties to the agreement.
The Municipal Judge may impose punishment, fees, and sentences as provided by Chapters 800, 814 and 938, Wis. Stats., and as provided in the ordinances of the municipalities that are parties to the agreement. All forfeitures, fees, assessment, surcharges, 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 Court. At the time of the payment, the Municipal Court shall report to the Treasurer the title of the action, the nature of the offenses and the total amount of judgments imposed in actions and proceedings in which such monies were collected.
The Municipal Judge, after affording an opportunity to the person accused to be heard in defense, may impose a sanction authorized under § 800.12, Wis. Stats., and may impose a forfeiture therefor not to exceed $50 or, upon nonpayment of the forfeiture and the assessments thereon, a jail sentence not to exceed seven days.
The Municipal Court hereby established shall not be abolished while the § 755.01(4) agreement is in effect.
All ordinances or parts of ordinances contravening or inconsistent with the provisions of this ordinance be and are hereby repealed.
This ordinance shall take effect and be in full force and effect from and after its passage by the municipalities that are parties to the agreement and publication as required by law.