[HISTORY: Adopted by the Village Board of the Village of
Johnson Creek 2-27-2017 by Ord.
No. 2-27;[1] amended in its entirety 2-25-2019 by Ord. No. 1-19. Subsequent amendments
noted where applicable.]
[1]
Former Ch. 54, Municipal Court, adopted 12-1-1994 by Ord.
No. 12-94 as § 3.11 of the 1994 Code, as amended, was repealed
12-29-2014 by Ord. No. 8-14, in which the Village of Johnson Creek
agreed to abolish the Central Jefferson County Municipal Court, effective
5-1-2015. Municipal citations were directed to the Jefferson County
Circuit Court.
[Amended 1-24-2022 by Ord. No. 01-22]
A.
Municipal court created. There is hereby created and established
a Municipal Court under the provisions of Ch. 755, Wis. Stats., for
the City of Oconomowoc, Village of Oconomowoc Lake, Village of Dousman,
Town of Delafield, Village of Nashotah, Town of Lisbon, Town of Merton,
Village of Sussex, Village of Hartland, Village of Lac LaBelle, Town
of Oconomowoc, Village of Summit, Village of Chenequa, Town of Erin,
Village of Merton, Village of Sullivan, Village of Johnson Creek,
Town of Ixonia (contract member) and Town of Ottawa (contract member),
and Town of Sullivan (contract member), or so many of those municipalities
which enact an ordinance identical to this chapter pursuant to § 755.01(4),
Wis. Stats.
B.
Municipal Judge. Such court shall be under the jurisdiction of and
presided over by a Municipal Judge, who shall be an attorney licensed
to practice law in Wisconsin, and who shall reside in one of the following
Municipalities: City of Oconomowoc, Village of Oconomowoc Lake, Village
of Dousman, Town of Delafield, Village of Nashotah, Town of Lisbon,
Town of Merton, Village of Sussex, Village of Hartland, Village of
Lac LaBelle, Town of Oconomowoc, Village of Summit, Village of Chenequa,
Town of Erin, Village of Merton, Village of Sullivan, Village of Johnson
Creek, Town of Ixonia, Town of Ottawa, or Town of Sullivan, or those
municipalities which enact an ordinance identical to this chapter
and enter into an agreement pursuant to § 66.0301, Wis.
Stats., for the joint exercise of the power granted under § 755.01,
Wis. Stats. Such Municipal Judge shall be elected at large in the
spring election for a term of four years commencing 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 Village Board of the Village of Johnson Creek shall
provide for a primary election whenever three or more candidates file
nomination papers for such position of Municipal Judge as provided
in § 8.11(1)(a), Wis. Stats., and such primary election
shall be held on the third Tuesday of February as provided in § 5.02(22),
Wis. Stats.
C.
Elections. The Municipal Clerk of each municipality shall see to
the compliance with §§ 5.58(1)(c), 5.60(1)(b), 5.60(2),
7.10(1)(a), 7.60(4)(a) and 8.10(6)(bm), Wis. Stats to provide for
the election of a Municipal Judge under § 755.01(4), Wis.
Stats.
D.
Oath and bond. The Judge shall, after his election or appointment
to fill a vacancy, take and file the official oath as prescribed in
§ 757.02(1), Wis. Stats. The Municipal Judge shall not act
until his/her oath has been filed as required by §§ 19.01(4)
and 755.03(2), Wis. Stats.
E.
Salary. The salary of the Municipal Judge shall be fixed by the governing
bodies of the municipalities that created and established this Municipal
Court, which shall be in lieu of fees and costs. No salary shall be
paid for any time during his/her term during which such Judge has
not executed his official oath, as required by § 755.03,
Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
The municipalities may, by separate ordinances, resolutions, or through
the budget process, allocate funds for the administration of the Municipal
Court pursuant to § 66.0301, Wis. Stats.
F.
Jurisdiction. The Municipal Judge of the Municipal Court shall have
such jurisdiction as provided by §§ 755.045 and 755.05,
Wis. Stats., and as otherwise provided by state law. The Municipal
Judge is authorized to issue inspection warrants under § 66.0119,
Wis. Stats.
G.
Location and hours. The Municipal Court shall be held in the Municipal
Building of the City of Oconomowoc Police Department at 630 E. Wisconsin
Avenue, Oconomowoc, Wisconsin. The Municipal Court shall be open at
such times as determined by the Municipal Judge, but no less than
every Friday commencing at 8:00 a.m.
H.
Fines and forfeitures. The Municipal Judge may impose punishment
and sentences as provided by § 800.09, Wis. Stats., and
as provided in the ordinances of the following municipalities: City
of Oconomowoc, Village of Oconomowoc Lake, Village of Dousman, Town
of Delafield, Village of Nashotah, Town of Lisbon, Town of Merton,
Village of Sussex, Village of Hartland, Village of Lac LaBelle, Town
of Oconomowoc, Village of Summit, Village of Chenequa, Town of Erin,
Village of Merton, Village of Sullivan, Village of Johnson Creek,
Town of Ixonia, Town of Ottawa or Town of Sullivan. All forfeitures,
fees, penalty assessments and costs shall be paid to the Treasurer
of the municipality within which the case arose within seven days
after receipt of the money by the Municipal Judge or other court personnel.
At the time of the payment, the Municipal Judge shall report to the
Treasurer the title of the action, the offense for which a forfeiture
was imposed and the total amount of the forfeiture, fees, penalty
assessment and costs, if any.
I.
Stipulations and deposits in Municipal Court. The Municipal Court herein established shall be operated pursuant to and in compliance with the provisions of Ch. 800, Wis. Stats., and, where applicable, other provisions of the Wisconsin Statutes as referred to in Subsection J below. The Municipal Judge shall establish in accordance with § 800.037, Wis. Stats., a schedule of deposits for violations of city, village and town ordinances, resolutions and bylaws, except traffic regulations which are and shall be governed by § 345.26, Wis. Stats., and boating violations which are, and shall be governed by, §§ 23.66 and 23.67, Wis. Stats. Such deposit schedule shall be approved by the respective governing bodies of the municipalities creating and establishing this Court and shall be posted in the office of the Municipal Court Clerk and the police departments of the respective communities.
J.
Procedure in Municipal Court. The procedure in Municipal Court shall
be as provided by this chapter and state law, including, but not excluding
because of enumeration, Chs. 66, 345, 751, 755, 757 and 800, Wis.
Stats.
K.
Contempt procedures.
(1)
The Municipal Judge may impose a sanction authorized under § 800.12(2),
Wis. Stats., for contempt of court, as defined in § 785.01(1),
Wis. Stats., in accordance with the procedures under § 785.03,
Wis. Stats.
(2)
The Municipal Judge may impose a forfeiture for contempt under § 800.12(1),
Wis. Stats., in an amount not to exceed $50 or, upon nonpayment of
the forfeiture and the penalty assessment under § 757.05,
Wis. Stats., a jail sentence not to exceed seven days.
L.
The Municipal Court hereby established shall not be abolished while
the § 755.01(4), Wis. Stats., agreement is in effect.
