[HISTORY: Adopted by the Village Board of the Village of
Fairwater 2-11-2019 by Ord. No.
1-2019; amended in its entirety 11-12-2018 by Ord. No. 1-2018. Subsequent amendments noted where applicable.]
Court established: 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 "Lakeside Municipal Court,"
which shall take effect and be in full force and effect from and after
its passage by the municipalities that are party to the agreement
and publication as required by law.
A.
Qualifications. The joint court shall be under the jurisdiction of
and presided over by a Municipal Judge who resides in one of the municipalities
that is a party to the agreement forming this joint court.
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 $1,000, or an appropriate insurance policy of not
less than $20,000 as prescribed in § 66.0609(4), Wis. Stats.
The Judge shall not act until the oath and bond or appropriate insurance
policy 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.
C.
Salary. The salary of the Municipal Judge shall be fixed by the Village
Board of Village of North Fond du Lac which 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 appropriate
insurance policy or official oath, as required by § 755.03,
Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
A.
Term. The Municipal Judge shall be elected at large in the spring
election for a term of four years commencing on 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 Elections Division of the Government Accountability
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 January 1, 2019, 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 §§ 66.0119
and 755.045(2), 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. Court
authority to impose alternative juvenile dispositions and sanctions:
(1)
For a juvenile adjudged to have violated an ordinance, a court is
authorized to impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those
statutes.
(2)
For a juvenile adjudged to have violated an ordinance who violates
a condition of a dispositional order of the court under §§ 938.343
or 938.344, Wis. Stats., the Municipal Court is authorized to impose
any of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of those statutes.
A.
Hours. Lakeside Municipal Court shall be open as determined by order
of the Municipal Judge.
B.
Employees. The Judge shall, in writing, appoint such an administrator,
clerks, deputy clerks and assistants as are authorized by the Village
Board of North Fond du Lac.
C.
Location. The Municipal Judge shall keep his/her office at a location
provided by the Board of Trustees of the Village of North Fond du
Lac and shall hold court at locations agreed to by members of Lakeside
Municipal Court. The Municipal Judge may issue, process and perform
ministerial functions any place in the State of Wisconsin.
A.
Collection of forfeitures and costs: The Municipal Judge may impose
punishment and sentences as provided by Wis. Stats. Chapters 800 and
938 and as provided in ordinances of the municipalities that are parties
to the agreement. All forfeitures, fees, assessments, surcharges and
costs shall be paid to the treasurer of the Village of North Fond
du Lac in accordance with state statute. At such time, the Municipal
Court shall report to the treasurer the title, nature of offense and
total amount of judgments imposed in actions and proceedings in which
such monies are collected.
The Municipal Judge, after affording an opportunity to the person
accused to be heard in defense, may punish for contempt as provided
in § 800.12, Wis. Stats., and/or impose a forfeiture or
a jail sentence in accordance with state statute.
A.
Deposits for ordinance violations. The Municipal Judge shall establish
and submit to the City Councils or Town or Village Boards of the member
municipalities for approval in accordance with § 800.03(3),
Wis. Stats., a schedule of deposits for violations of each ordinance,
resolutions and bylaws.
B.
Deposits for traffic and boating violations. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chapters 23 and 345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with § 345.27, Wis. Stats., and boating regulations enacted in accordance with § 30.77, Wis. Stats.
C.
Stipulations and deposits in lieu of court appearance. Persons cited
for violations of the member municipalities ordinances, resolutions
or bylaws or violations of traffic or boating regulations for which
a deposit has been established shall be permitted to make a stipulation
of no contest and a deposit in lieu of court appearance as provided
in §§ 800.03, 800.04, and 800.09, Wis. Stats., unless
personal appearance is required.
The Municipal Court hereby established shall not be abolished
while the § 755.01(4), Wis. Stats., agreement is in effect.
