[HISTORY: Adopted by the City Council of the City of Fond du Lac 2-12-2020 by Ord. No. 3705. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 33, Court, Municipal, adopted 8-27-2003 by Ord. No. 3172 (Ch. 17 of the 1993 Code), as amended.
[Amended 7-22-2020 by Ord. No. 3719]
Pursuant to the authority granted by § 755.01(4), Wis. Stats., or as subsequently amended, there is hereby created and established a joint municipal court to be designated "Lakeside Municipal Court," serving the Cities of Fond du Lac and Ripon; the Towns of Empire, Fond du Lac, Oakfield, Osceola, Ripon, and Taycheedah; the Villages of Brandon, Campbellsport, Fairwater, North Fond du Lac, Oakfield and St. Cloud in Fond du Lac County; the Cities of Berlin, Green Lake, Markesan and Princeton in Green Lake County; and the City of Berlin in Waushara County. Said Court shall become operative and functional after the member of the Lakeside Municipal Court passes a version of this chapter.
Qualifications. The joint court shall be under the jurisdiction of and presided over by a Municipal Judge who resides in one of the municipalities that is a party to the agreement forming this joint court.
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 execute and file an official bond 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 and/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.
Salary. The salary of the Municipal Judge shall be fixed by the Village Board of the Village of North Fond du Lac which 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 appropriate insurance policy and official oath, as required by § 755.03, Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
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 Fond du Lac County Clerk shall serve as filing officer for the candidates.
Electors. Electors in all municipalities that are parties to the agreement shall vote for the Judge.
The Municipal Court shall have jurisdiction over incidents occurring on or after January 1, 2020, 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 the municipalities that are parties to the agreement seeking to impose forfeitures for violations of municipal ordinances, resolutions and bylaws.
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.
The Municipal Court has jurisdiction over juvenile offenders when a municipality that is party to the agreement enacts an ordinance under the authority of § 938.17(2)(cm), Wis. Stats.
Court authority to impose alternative juvenile dispositions and sanctions.
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.
For a juvenile adjudged to have violated an ordinance that 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.
Hours. Lakeside Municipal Court shall be open as determined by order of the Municipal Judge.
Employees. The Judge shall, in writing, appoint such an administrator, clerks, deputy clerks and assistants as are authorized by the Village Board of North Fond du Lac.
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 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.
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 statute. 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 monies 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 impose a forfeiture and/or a jail sentence in accordance with state statute.
Deposits for ordinance violations. The Municipal Judge shall establish and submit to the City Councils or Town or Village Boards of the member municipalities for approval in accordance with § 800.037, Wis. Stats., a schedule of deposits for violations of each ordinance, resolution and bylaw.
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.
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.
The Municipal Court hereby established shall not be abolished while the § 755.01(4), Wis. Stats., agreement is in effect.