[Amended by Ord. No. 231]
The Village Boards of the Village of Osceola and the Village
of Dresser, Polk County, Wisconsin, acting pursuant to § 61.34(1),
Wis. Stats., are hereby authorized to and do establish a joint Municipal
Court, as described in sec. 21.04, below.
The purpose of this chapter shall be to promote the general
health, safety, and welfare and to maintain required local uniformity
of the enforcement of the participating Villages.
The scope of this chapter includes enforcement of all ordinances
adopted by the participating Villages, which ordinances are in effect
as of the effective date of this chapter, together with all such ordinances
adopted hereinafter and during the existence of the described Municipal
Court.
Pursuant to the authority granted by Ch. 755 Wis. Stats., there
is hereby created and established a Municipal Court for the joint
exercise of the power granted to the Villages of Osceola and Dresser
under § 755.01(1), Wis. Stats., to be designated as the
"Osceola Municipal Court", said court to become operative upon the
date of the enactment of identical ordinances and ratification of
an operating agreement by each affected municipality. For purposes
of this requirement, the term "identical ordinances" shall refer to
ordinances which contain the same, exact substantive terms and conditions;
nonetheless, it shall not be required that each municipality number
or otherwise include this ordinance within its respective code of
ordinances using the same, exact nomenclature.
(a)
Office created. Pursuant to § 755.01, Wis. Stats. there
is created the office of municipal judge for the Village. The Municipal
Judge shall be a resident of the Village of Osceola or the Village
of Dresser.
(b)
Oath and bond. The Judge shall, after election or appointment to
fill a vacancy, take the official oath as prescribed in § 757.02(1),
Wis. Stats., and file such oath with the County Clerk of Circuit Court.
At the same time, the Judge shall execute and file an indemnity bond
with the clerk of the municipality in an amount of $5,000. The Judge
shall not act until the oath and bond have been filed as required
by § 19.01(4)(c) Wis. Stats. and the requirements of § 755.03(2)
have been complied with.
(c)
Salary. The salary of the Municipal Judge shall be set by resolution
of the Village Board of the Village of Osceola and 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
official oath. The salary may be increased by resolution of the Village
Board before the start of the second or subsequent year of service
of the term of the Judge, but shall not be decreased during the term.
(d)
Election term. The Municipal Judge shall be elected at large at the
spring election in odd numbered years for a term of two years commencing
on May 1st next succeeding his or her election.
(e)
Jurisdiction. The Municipal Court Judge shall have jurisdiction as
provided by law and W.S.A. § 755.045 and exclusive jurisdiction
of violations of Village of Osceola ordinances, resolutions, and bylaws.
(a)
Hours. The Municipal Court shall be open on the days and hours established
by the Municipal Court Judge subject to the approval of the Village
Board.
(b)
Employees. The Municipal Judge shall appoint, in writing, such clerks
and deputy clerks as are authorized by the Village Board. The compensation
of any employees of the Court shall be set by resolution of the Village
Board. The Village Board shall also determine the fringe benefits
to be provided and the hours of service.
(c)
Location. The Municipal Judge shall keep his office and hold court
sessions in the Village Hall or at a location as determined by the
Village Board.
The Municipal Judge shall collect all forfeitures, taxable costs,
and assessments in any action or proceeding, shall pay over such moneys
to the Treasurer of the Village of Osceola no later than 5:00 p.m.
each Monday, and shall file a written account of all moneys received
by him or her for the prior week. At such time, the Municipal Court
shall report to the Treasurer the title, nature of offenses, and amount
of judgments imposed in actions and proceedings in which such monies
were collected in accordance with § 800.10(2), Wis. Stats.
Should the Judge, at any time, fail to so report and deposit, his
or her salary shall be suspended until such reports and deposits are
made current.
(a)
The Municipal Judge may punish for contempt of Municipal Court persons
guilty of any of the following acts. "Contempt of Court" means intentional:
(i)
Misconduct in the presence of the Court, which interferes with
the Court proceeding or with the administration of justice or which
impairs the respect due the Court.
(ii)
Disobedience, resistance, or obstruction of the authority, process,
or order of the Court (including refusal to pay a court-imposed forfeiture).
(iii)
Refusal as a witness to appear, be sworn, or answer a question.
(iv)
Refusal to produce a record, document, or other object.
(v)
The act of unlawfully detaining within Polk County any witness
or party to an action while going to, remaining at or returning from
Court where such action has been set for hearing or trial and any
other unlawful interference with the process or proceedings in any
action within the County of Polk.
(b)
Contempt committed in the immediate view or presence of the Municipal
Judge, and after the party so charged being heard in his defense,
may be punished summarily. In other cases, the party shall be notified
of the accusation and have a reasonable time to make his defense.
(c)
The Municipal Judge may, upon finding any person guilty of contempt
of court, order such person to forfeit not more than $50. In default
of payment of the forfeiture and the penalty assessment imposed by
State Statute, the person found guilty of contempt may be imprisoned
in the county jail not to exceed seven days.
(a)
Deposits for ordinance violations. The Municipal Judge shall establish
and submit to the Village Board for approval in accordance with § 800.03(3),
Wis. Stats., a schedule of deposits for violations of Village ordinances.
(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 stipulation
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.
(c)
Stipulations and deposits in lieu of court appearances. Persons cited
for violations of Village ordinances, 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 §§ 800.03,
§ 800.04 and § 800.09, Wis. Stats.
(a)
The Municipal Court shall have the authority to impose alternative
dispositions and sanctions in Municipal Court.
(b)
For a juvenile adjudged to have violated a municipal ordinance, the
Court is authorized to impose any of the dispositions listed in W.S.A.
§§ 938.343 and 938.344, Wis. Stats., in accordance
with the provisions of those Statutes.
(c)
For a juvenile adjudged to have violated a municipal ordinance who
violates a condition of a dispositional order of the Court under W.S.A.
§ 938.343 or § 938.344, the Municipal Court is
authorized to impose any of the sanctions listed in W.S.A. § 938.355(6)(d),
in accordance with the provisions of those Statutes.
(d)
The Municipal Court, in imposing a disposition under this section,
shall order the juvenile to pay, in addition to any forfeiture, the
costs of any counseling, safety program or alcohol or drug abuse assessment,
including treatment, costs of electronic monitoring detention and
placement in any detention facility.
(e)
This section is enacted under the authority of W.S.A. § 938.17(2)(cm).
(a)
In general. The Osceola Municipal Court may be abolished at the end
of any term for which the Judge has been elected, upon action taken
by one or more of the Village Boards to either repeal this ordinance
and transmittal of a certified copy of an ordinance abolishing the
Osceola Municipal Court to the appropriate filing officer under § 11.02(3e),
Wis. Stats. To abolish the Court, it is not required that both of
the Villages take similar action. The act of one of the Village Boards
to repeal its ordinance in accord with the terms thereof shall be
sufficient. In the event that one or both of the Villages deem it
to be in their best interests to abolish the Joint Municipal Court
created under this ordinance, they shall take such action no less
than 60 days prior to the date on which the first nomination papers
must be filed for the Municipal Judge's next term.
(b)
Delivery of books and records by Judge. In accordance with § 755.12,
Wis. Stats., within 10 days after the effective date of the abolition
of the Osceola Municipal Court, the Judge shall separate the court
records, books, files, moneys and bonds according to the municipalities
involved and deliver them to the appropriate Village Clerk.
(a)
Osceola Municipal Judge to preside pending initial election. In the
event that this ordinance is adopted by each of the Villages of Osceola
and Dresser to take effect at a time in advance of the commencement
of the next term of office for the Municipal Judge, The Municipal
Judge of the Village of Osceola, an existing Municipal Court, shall
continue to serve as the Judge of the Joint Municipal Court until
the end of the current term of office.
(b)
Vacancy in office of Municipal Judge. In the event of a permanent
vacancy in the office of the Osceola Municipal Judge pending the initial
election of the Joint Municipal Judge under this chapter, the office
of Municipal Judge may be filled by temporary appointment by the Village
Boards acting jointly. The office shall then be permanently filled
by special election by the electors of the member Villages, held concurrently
with the next spring election following the occurrence of the vacancy,
except that a vacancy occurring during the period after December 1
and on or before the date of the spring election shall be filled at
the second succeeding spring election, and no such election may be
held after the expiration of the term of office nor at any time of
holding the regular election for the office.
In accordance with § 755.01(4), Wis. Stats., the Villages
of Osceola and Dresser shall enter into a joint operating agreement
to exercise the authority under § 755.01(1), Wis. Stats.
This ordinance, whose substantive terms shall be adopted by
each of the participating Villages, shall not be deemed to have been
amended by either of the Village Boards unless and until each of the
Village Boards shall adopt the same, exact ordinance amending or creating
this ordinance.
