Loading...
ORD20141383-Court Clean 1.06 MUNICIPAL COURT (1) MUNICIPAL COURT ESTABLISHED. Pursuant to the authority granted by Sec. 755.01, Wis. Stats., there is hereby established the Municipal Court for the City. (2) OFFICE OF MUNICIPAL JUDGE CREATED. Pursuant to the authority granted by Sec. 755.01, there is hereby established the office of Judge of the Municipal Court for the City. (a) Election: Term. The Municipal Judge shall be elected at large at the spring election pursuant to Sec. 755.02, Wis. Statutes. The term shall commence on May 1 of the year of the judge’s election. (Ord. #1360 – 06- 21-2012) (b) Salary. The Municipal Judge shall receive a salary as determined from time to time by the Council which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his term for which he has not executed and filed his official bond and oath as required by Sub. (c). (c) Bond: Oath. The Municipal Judge shall execute and file with the Clerk of the Circuit Court for Waukesha County the oath prescribed by Sec. 755.03 and a bond in the penal sum of $500.00 as prescribed by Wisconsin Statutes. (d) Jurisdiction. The Municipal Judge shall have such jurisdiction as provided by law and Sections 755.045 and 755.05, Wis. Stats., and exclusive jurisdiction of violations of City of Muskego ordinances, resolutions, and bylaws. Pursuant to Wis. Stats., Section 755.10, the Municipal Judge shall, in writing, appoint such clerks and deputy clerks as are authorized by the City Common Council. Their salaries shall be fixed by the City Common Council, pursuant to Chapter 755.10, Wis. Stats., and they shall take the oath required by Wis. Stats., Sec. 19.01. The oaths shall be filed with the City Clerk. The Municipal Judge is authorized to issue warrants under Section 66.0119, Wis. Stats. (e) Procedure. 1. The Municipal Court shall be open as determined by order of the Municipal Judge. 2. The Municipal Judge shall keep and hold court in the Muskego City Hall unless temporarily designated otherwise by Council resolution. (Ord. #1027 - 05-04-2000) 3. The procedure in Municipal Court shall be as provided by this section and state law including, but not excluding because of enumeration, chs. 66, 345, 751, 755, 757 and 800, Wis. Stats. 4. The Municipal Judge shall collect all fines and taxable costs in any action or proceeding before him, and shall pay over such monies to the Director of Finance and Administration not later than the 2nd business day succeeding his receipt thereof. At such time the Municipal Judge shall also pay over to the Director of Finance and Administration all forfeitures collected by him in actions for violation of municipal ordinances. Court costs/fees for matters adjudicated by the Municipal Court shall be set at the maximum amount allowed by the Wisconsin Statutes. (Ord. #1379 12-19- 2013) (f) Contempt of Court. The Municipal Judge shall have the power with regard to contempt of court as described in Wisconsin Statutes Section 800.12. (g) Qualifications. The Municipal Judge shall be an attorney licensed to practice law in the State of Wisconsin and reside in the City of Muskego. (Ord. #459 - 09-27-83) (3) ENFORCEMENT OF ORDINANCES OTHER THAN TRAFFIC ORDINANCES. (a) Any police officer of the City and such other public officials as may be designated by resolution of the Common Council, may issue the following citation with respect to ordinances which are directly related to the official responsibility of the officials. (b) Pursuant to the authority of Section 66.0113, Wisconsin Statutes, the City of Muskego hereby elects to use citations for the enforcement of ordinances. The form of citation for all traffic matters shall be the Uniform Traffic Citation as described in Wisconsin Statutes Section 345.11. For all other matters, the form of citation shall be as described in Wisconsin Statutes Section 800.02. The citation shall contain all statutorily required information and notices. (c) Schedule of Deposits. The Municipal Judge shall establish and submit to the Common Council for approval, a schedule of deposits for violations of City ordinances, resolutions, and bylaws except in those matters in which the schedule of deposits is set by the Wisconsin Judicial Conference. When approved by the Common Council, such deposit schedules shall be posted in the offices of the Municipal Court Clerk and law enforcement services. (d) Stipulations and Deposits. 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 set by the Wisconsin Judicial Conference. (4) STATE STATUTE BY REFERENCE. The Municipal Court for the City of Muskego shall be operated pursuant to and in compliance with the provisions of Chapter 800 and all applicable provisions of the Wisconsin Statutes. All State statutes noted in this Section are adopted by reference and shall be deemed incorporated in this Code as if fully set forth herein. Any future addition, amendment, modification or revisions of the current or future statutes incorporated herein are intended to be made part of this Code.