[HISTORY: Adopted by the Village Board of the Village of Osceola 5-11-2010 by Ord. No. 10-02. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 33, Municipal Court, adopted 2-23-2010 by Ord. No. 10-01. This ordinance also provided in Section Two that the "creation and maintenance of the Municipal Court, as adopted under Section One of this ordinance, shall be subject to the following terms and conditions: 1) This ordinance shall not take effect in the Village of Osceola or the Village of Dresser until each Village Board has adopted an ordinance that contains the same substantive terms as this ordinance and the transmittal of a certified copy of the ordinance adopted by each Village and Town Board to the appropriate filing officer under § 11.02(3e), Wis. Stats.; 2) In accord with §§ 8.50(4)(fm), 755.01 and 800.06(3), Wis. Stats., the initial judge to hold office shall be appointed to said office by the Village Board to serve a term which shall expire on 4-30-2011; 3) The first election to the office of Judge shall be held concurrent with and on the date of the spring election in April 2011, in accord with § 5.02(21), Wis. Stats., with the first regular term of office as defined in Ch. 33, § 33-5D to commence on 5-1-2011.
The Village Boards of the Village of Osceola and the Village of Dresser, Polk County, Wisconsin, acting pursuant to § 61.34(1), Wis. Stats., are hereby authorized to and do establish a joint Municipal Court, as described in § 33-4, below.
The purpose of this chapter shall be to promote the general health, safety, and welfare and to maintain required local uniformity of the enforcement of the participating Villages.
The scope of this chapter includes enforcement of all ordinances adopted by the participating Villages, which ordinances are in effect as of the effective date of this chapter, together with all such ordinances adopted hereinafter and during the existence of the described Municipal Court.
Pursuant to the authority granted by Ch. 755, Wis. Stats., there is hereby created and established a Municipal Court for the joint exercise of the power granted to the Villages of Osceola and Dresser under § 755.01(1), Wis. Stats., to be designated as the "Osceola Municipal Court," said court to become operative upon the date of the enactment of identical ordinances and ratification of an operating agreement by each affected municipality. For purposes of this requirement, the term "identical ordinances" shall refer to ordinances which contain the same, exact substantive terms and conditions; nonetheless, it shall not be required that each municipality number or otherwise include this ordinance within its respective code of ordinances using the same, exact nomenclature.
Office created. Pursuant to § 755.01, Wis. Stats., there is created the office of Municipal Judge for the Village. The Municipal Judge shall be a resident of the Village of Osceola or the Village of Dresser.
Oath and bond. The Judge shall, after election or appointment to fill a vacancy, take the official oath as prescribed in § 757.02(1), Wis. Stats., and file such oath with the County Clerk of Circuit Court. At the same time, the Judge shall execute and file an indemnity bond with the Clerk of the municipality in an amount of $5,000. 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.
Salary. The salary of the Municipal Judge shall be set by resolution of the Village Board of the Village of Osceola and 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. The salary may be increased by resolution of the Village Board before the start of the second or subsequent year of service of the term of the Judge but shall not be decreased during the term.
Election term. The Municipal Judge shall be elected at large at the spring election in odd-numbered years for a term of two years commencing on May 1 next succeeding his or her election.
Jurisdiction. The Municipal Court Judge shall have jurisdiction as provided by law and § 755.045, Wis. Stats., and exclusive jurisdiction of violations of Village of Osceola ordinances, resolutions, and bylaws.
Hours. The Municipal Court shall be open on the days and hours established by the Municipal Court Judge subject to the approval of the Village Board.
Employees. The Municipal Judge shall appoint, in writing, such clerks and deputy clerks as are authorized by the Village Board. The compensation of any employees of the Court shall be set by resolution of the Village Board. The Village Board shall also determine the fringe benefits to be provided and the hours of service.
Location. The Municipal Judge shall keep his office and hold court sessions in the Village Hall or at a location as determined by the Village Board.
The Municipal Judge shall collect all forfeitures, taxable costs, and assessments in any action or proceeding, shall pay over such moneys to the Treasurer of the Village of Osceola no later than 5:00 p.m. each Monday, and shall file a written account of all moneys received by him or her for the prior week. At such time, the Municipal Court shall report to the Treasurer the title, nature of offenses, and amount of judgments imposed in actions and proceedings in which such monies were collected in accordance with § 800.10(2), Wis. Stats. Should the Judge at any time fail to so report and deposit, his or her salary shall be suspended until such reports and deposits are made current.
The Municipal Judge may punish for contempt of Municipal Court persons guilty of any of the following acts. "Contempt of court" means intentional:
Misconduct in the presence of the Court, which interferes with the Court proceeding or with the administration of justice or which impairs the respect due the Court.
Disobedience, resistance, or obstruction of the authority, process, or order of the Court (including refusal to pay a Court-imposed forfeiture).
Refusal as a witness to appear, be sworn, or answer a question.
Refusal to produce a record, document, or other object.
The act of unlawfully detaining within Polk County any witness or party to an action while going to, remaining at or returning from Court where such action has been set for hearing or trial and any other unlawful interference with the process or proceedings in any action within the County of Polk.
Contempt committed in the immediate view or presence of the Municipal Judge, and after the party so charged being heard in his defense, may be punished summarily. In other cases, the party shall be notified of the accusation and have a reasonable time to make his defense.
The Municipal Judge may, upon finding any person guilty of contempt of court, order such person to forfeit not more than $50. In default of payment of the forfeiture and the penalty assessment imposed by state statute, the person found guilty of contempt may be imprisoned in the county jail not to exceed seven days.
Deposits for ordinance violations. The Municipal Judge shall establish and submit to the Village Board for approval in accordance with § 800.03(3), Wis. Stats., a schedule of deposits for violations of Village ordinances.
Editor's Note: Section 800.03 was repealed by 2009 Act 402, § 71, effective 1-1-2011.
Deposits for traffic and boating violations. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats., shall apply to stipulation and deposits for violations of traffic regulations enacted in accordance with § 345.27 and boating regulations enacted in accordance with § 30.77, Wis. Stats.
Stipulations and Deposits in Lieu of Court Appearances. Persons cited for violations of Village ordinances, 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.
The Municipal Court shall have the authority to impose alternative dispositions and sanctions in Municipal Court.
For a juvenile adjudged to have violated a municipal ordinance, the 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.
For a juvenile adjudged to have violated a municipal 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.
The Municipal Court, in imposing a disposition under this section, shall order the juvenile to pay, in addition to any forfeiture, the costs of any counseling, safety program or alcohol or drug abuse assessment, including treatment, costs of electronic monitoring detention and placement in any detention facility.
This section is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
In general. The Osceola Municipal Court may be abolished at the end of any term for which the Judge has been elected, upon action taken by one or more of the Village Boards to either repeal this chapter and transmittal of a certified copy of an ordinance abolishing the Osceola Municipal Court to the appropriate filing officer under § 11.02(3e), Wis. Stats. To abolish the Court it is not required that both of the Villages take similar action. The act of one of the Village Boards to repeal its ordinance in accord with the terms thereof shall be sufficient. In the event that one or both of the Villages deem it to be in their best interests to abolish the Joint Municipal Court created under this chapter, they shall take such action no less than 60 days prior to the date on which the first nomination papers must be filed for the Municipal Judge's next term.
Delivery of books and records by Judge. In accordance with § 755.12, Wis. Stats., within 10 days after the effective date of the abolition of the Osceola Municipal Court, the Judge shall separate the court records, books, files, moneys and bonds according to the municipalities involved and deliver them to the appropriate Village Clerk.
Osceola Municipal Judge to preside pending initial election. In the event that this chapter is adopted by each of the Villages of Osceola and Dresser to take effect at a time in advance of the commencement of the next term of office for the Municipal Judge, the Municipal Judge of the Village of Osceola, an existing Municipal Court, shall continue to serve as the Judge of the Joint Municipal Court until the end of the current term of office.
Vacancy in Office of Municipal Judge. In the event of a permanent vacancy in the Office of the Osceola Municipal Judge pending the initial election of the Joint Municipal Judge under this chapter, the office of Municipal Judge may be filled by temporary appointment by the Village Boards acting jointly. The office shall then be permanently filled by special election by the electors of the member Villages, held concurrently with the next spring election following the occurrence of the vacancy, except that a vacancy occurring during the period after December 1 and on or before the date of the spring election shall be filled at the second succeeding spring election, and no such election may be held after the expiration of the term of office nor at any time of holding the regular election for the office.
In accordance with § 755.01(4), Wis. Stats., the Villages of Osceola and Dresser shall enter into a joint operating agreement to exercise the authority under § 755.01(1), Wis. Stats.
This chapter, whose substantive terms shall be adopted by each of the participating Villages, shall not be deemed to have been amended by either of the Village Boards unless and until each of the Village Boards shall adopt the same, exact ordinance amending or creating this chapter.