City of Fond du Lac, WI
Fond du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fond du Lac 8-27-2003 by Ord. No. 3172 (Ch. 17 of the 1993 Code); amended in its entirety 11-12-2009 by Ord. No. 3421. Subsequent amendments noted where applicable.]
[Amended 4-24-2014 by Ord. No. 3544; 11-28-2018 by Ord. No. 3681[1]]
Pursuant to the authority granted by § 755.01(4), Wis. Stats., or as subsequently amended, there is hereby created and established a Municipal Court to be designated "Lakeside Municipal Court," serving the Villages of North Fond du Lac, Campbellsport, Brandon, Fairwater and Oakfield, the Cities of Fond du Lac, and the Towns of Ripon, Empire, Taycheedah and Osceola in Fond du Lac County and the Cities of Berlin, Green Lake, Markesan, Princeton in Green Lake County, Berlin in Waushara County and Ripon, and any other local governmental unit which adopts a similar version of this chapter as a member of the Lakeside Municipal Court. Said Court shall become operative and functional after the member of the Lakeside Municipal Court passes a version of this chapter.
[1]
Editor’s Note: This ordinance removed the Village of Rosendale from the list of served villages effective 4-30-2019.
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.
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, the Judge will execute and file an official bond with the Clerk of the municipality 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.
[Amended 11-28-2018 by Ord. No. 3681]
C. 
Salary. The salary of the Municipal Judge shall be fixed by the Village Board of the Village of North Fond du Lac and/or as set out in any subsequent agreements between the contracting municipalities pursuant to § 755.01(4), Wis. Stats., which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time which such Judge during the term which such Judge has not executed the official bond or appropriate insurance policy and official oath, as required by § 755.03, Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
[Amended 4-24-2014 by Ord. No. 3544; 11-28-2018 by Ord. No. 3681]
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 Wisconsin Elections Commission shall serve as filing officer for the candidates.
[Amended 11-28-2018 by Ord. No. 3681]
B. 
Electors. Electors in all municipalities that are parties to the agreement shall vote for the Judge.
C. 
Vacancy. Any vacancy occurring in the office of Municipal Judge shall be filled pursuant to state law.
A. 
The Municipal Court shall have jurisdiction over incidents occurring on or after January 1, 2005, 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 which the municipalities seek 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 §§ 755.045(2) and 66.0119, Wis. Stats.
C. 
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.
(3) 
This section is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
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 clerks and assistants as are authorized by the Village Board of North Fond du Lac and/or as set out in any subsequent agreements between the contracting municipalities pursuant to § 755.01(4), Wis. Stats. Their salaries shall be fixed by the Village Board of North Fond du Lac and/or as set out in any subsequent agreements between the contracting municipalities pursuant to § 755.01(4), Wis. Stats.
[Amended 4-24-2014 by Ord. No. 3544]
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/or as set out in any subsequent agreements between the contracting municipalities pursuant to § 755.01(4), Wis. Stats., 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.
[Amended 4-24-2014 by Ord. No. 3544]
[Amended 4-24-2014 by Ord. No. 3544; 11-28-2018 by Ord. No. 3681]
The Municipal Judge may impose punishment and sentences as provided by Chapters 800 and 938, Wis. Stats., 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 statutes. 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 moneys 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 may 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 Council for approval in accordance with § 800.037, Wis. Stats., a schedule of deposits for violations of ordinances, resolutions and bylaws. Deposits may be made in cash, money order or certified check to the Lakeside Municipal Court or other official designated by the City, who shall provide a receipt therefor.
[Amended 4-24-2014 by Ord. No. 3544; 11-28-2018 by Ord. No. 3681]
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 § 345.11, 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 §§ 800.035, 800.045, and 800.09, Wis. Stats., unless personal appearance is required.
[Amended 11-28-2018 by Ord. No. 3681]