[HISTORY: Adopted by the Town Board of the
Town of Grand Chute 1-7-1997 as Ch. 19 of the 1997 Code. Amendments noted where applicable.]
The Municipal Court for the Town of Grand Chute
is established pursuant to Ch. 755, Wis. Stats.
A.
Office created. Pursuant to § 755.01, Wis.
Stats., there is created the office of Municipal Judge for the Town
of Grand Chute.
(1)
Municipal
Judge qualifications. The Municipal Judge, and all candidates for
the position of Municipal Judge, shall be licensed to practice law
in the State of Wisconsin, and be a qualified elector of the Town
of Grand Chute. In cases requiring substitution of the Town’s
Municipal Judge, the substitute judge need only meet the qualifications
of the municipality in which that judge has been elected.
[Added 11-15-2011 by Ord. No. 2011-27]
B.
Election; term. The Municipal Judge shall be elected for a four-year term in accordance with § 110-1 of this Code. Midterm vacancies in the office of Municipal Judge shall be filled pursuant to § 800.06, Wis. Stats.
[Amended 12-20-2011 by Ord. No. 2011-30; 12-20-2011 by Ord. No.
2011-42]
C.
Salary. The Municipal Judge shall receive a salary set by the Town Board. No salary shall be paid to the Judge for any time during his term for which he has not executed and filed his/her official bond and oath as required by Subsection D of this section.
[Amended 12-20-2011 by Ord. No. 2011-30]
D.
Bond; oath. The Municipal Judge shall execute and
file with the Clerk of the Courts for Outagamie County the oath prescribed
by § 757.02, Wis. Stats., and a bond in the penal sum of
$10,000.
E.
Jurisdiction. The Municipal Judge shall have jurisdiction
as provided by law and § 755.045, Wis. Stats., and exclusive
jurisdiction of violations of Town ordinances, resolutions and bylaws.
A.
Hours. The Municipal Court for the Town shall be open
as determined by order of the Municipal Judge.
B.
Location. The Municipal Judge shall keep his office
and hold court at the Grand Chute Town Hall located at 1900 Grand
Chute Boulevard, Grand Chute, Wisconsin.
[Amended 12-20-2011 by Ord. No. 2011-30]
C.
Procedure. The procedure in Municipal Court for the
Town shall be as provided by this section and state law, including,
without limitation because of enumeration, Chs. 800 and 755 and §§ 23.66
to 23.99, 778.14, 778.15, 778.18 and 345.20 to 345.53, Wis. Stats.
[Amended 12-20-2011 by Ord. No. 2011-30]
The Municipal Judge shall collect all forfeitures,
penalty assessments, fees and taxable costs in any action or proceeding
before him and shall pay over such moneys to the Town Treasurer within
30 days after receipt of the money by the Municipal Court. At such
time the Municipal Judge shall also report to the Town Treasurer the
title, nature of offenses and total number of judgments imposed in
actions and proceedings in which such moneys were collected.
[Amended 12-20-2011 by Ord. No. 2011-30]
A.
In this section, "contempt of court" means any of
the following intentional acts:
B.
The Municipal Judge may impose a forfeiture in an
amount as prescribed in the Uniform Forfeiture and Bond Schedules
for a contempt of court.
C.
For a contempt of court described in Subsection A(1), the Municipal Judge may impose imprisonment in the county jail for not more than seven days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of court has occurred and only under the following conditions:
A.
Deposit schedule to be established. The Municipal
Judge shall establish and submit to the Town Board for approval, in
accordance with § 800.037, Wis. Stats., a schedule of deposits
for violations of Town ordinances, resolutions and bylaws, except
traffic regulations, which are governed by § 345.26, Wis.
Stats., and boating violations governed by §§ 23.66
and 23.67, Wis. Stats. When approved by the Board, such deposit schedule
shall be posted in the office of the Municipal Court Clerk.
[Amended 8-17-2010 by Ord. No. 2010-10; 12-20-2011 by Ord. No.
2011-30]
B.
Stipulation and deposit in lieu of court appearance.
Persons cited for violations of Town ordinances, resolutions or bylaws
for which a deposit has been established under this section 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.
C.
Traffic and boating deposits. The deposit schedule
established by the Wisconsin Judicial Conference and the procedures
set forth in Chs. 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.
[Amended 12-20-2011 by Ord. No. 2011-30]