ORD20141383-Court
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
ORDINANCE NO. 1383
AN ORDINANCE TO REPEAL AND RECREATE SECTION 1.06
OF THE CITY OF MUSKEGO CITY CODE
(Municipal Court)
The City of Muskego Common Council, Waukesha County, Wisconsin, DO
HEREBY ORDAIN as follows:
SECTION 1: Chapter 1 of the City of Muskego Municipal Code entitled “General
Government,” Section 1.06 entitled “Municipal Judge,” is hereby repealed and recreated
as follows:
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.
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(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.
SECTION 2: SEVERABILITY.
The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a court of competent jurisdiction to be
invalid, unlawful or unenforceable, such decision shall apply only to the specific section
or portion thereof directly specified in the decision, and shall not affect the validity of any
other provisions, sections or portions thereof of the ordinance. The remainder of the
ordinance shall remain in full force and effect. Any other ordinances whose terms are in
conflict with the provisions of this ordinance are hereby repealed as to those terms that
conflict.
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SECTION 3: EFFECTIVE DATE.
This ordinance shall be effective upon publication or posting as provided by law.
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Dated this 13 day of MAY , 2014.
CITY OF MUSKEGO
__________________________
Kathy Chiaverotti, Mayor
First Reading: 04/22/2014
ATTEST:
_______________________
Sharon Mueller, City Clerk
This ordinance published on May 22, 2014
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