[HISTORY: Adopted by the Village Board of the Village of
Denmark 7-6-1998 by Ord. No. 98-11 as §§ 1.04 and 1.05 of the 1998 Code; amended
in its entirety 12-4-2017 by Ord.
No. 2017-06. Subsequent amendments noted where applicable.]
A.
While the Denmark Municipal Court was created by virtue of the aforesaid
ordinances[1] the Village of Denmark hereby determines that its Municipal
Court shall be governed by the provisions of Chapter 755 of the Wisconsin
Statutes.
[1]
Editor's Note: Reference is to General Government Ordinance
1.04 of the former Village Code.
B.
The Village of Denmark hereby repeals any prior ordinances to the
extent there are inconsistencies with the provisions of this chapter.
[Added 3-5-2018 by Charter
Ord. No. 2018-01]
A.
Pursuant
to § 66.0101, Wis. Stats., the Village of Denmark elects
not to be governed by that portion of § 755.02, Wis. Stats.,
which requires the Municipal Judge to be elected for a term of four
years.
B.
Pursuant
to § 755.02, Wis. Stats., the Village of Denmark elects
that the Municipal Judge shall be elected for a term of two years.
A.
The Judge for the Denmark Municipal Court shall be elected at large
at the spring election held in even-numbered years for a term of two
years commencing on May 1 following the election. The compensation
of the Judge shall be fixed by the Village of Denmark Board of Trustees,
and the Judge shall not serve until a contract is entered into with
the Village of Denmark. Salary shall be paid by the Village of Denmark
in equal installments as determined by the Board of Trustees but shall
not be paid when the Judge has not executed and filed his or her official
bond or oath as required.
B.
The Village of Denmark Board of Trustees shall authorize at least
one Clerk for the Municipal Court and shall fix the salary of the
Clerk. The Municipal Judge shall have the authority to hire, terminate,
and set hours of employment and work responsibility for the Clerk.
The Clerk shall have posted office hours and be present in the Clerk'
s office during those times.
[Amended 10-10-2022 by Ord. No. 2022-02]
The Municipal Judge shall file the official oath and execute
and file an official bond in an amount to be fixed by the Village
of Denmark Board of Trustees which shall pay the costs of the bond.
The Municipal Judge may not act until the oath and bond requirement
have been met. The Clerk shall, before entering upon the duties of
office. take an oath and give a bond as required by the Village of
Denmark Board of Trustees which bond shall be paid for by the Village
of Denmark. Oaths and bonds of both the Clerk and the Judge shall
be filed with the Village of Denmark Clerk.
A.
The Municipal Court shall at all times operate consistent with Chapter
755 of the Wisconsin Statutes, and the Municipal Judge shall at all
times conduct the duties of the office according to the Municipal
Bench Book of the Wisconsin Supreme Court, Office of Judicial Education,
and in compliance with the applicable provisions of the Wisconsin
Code of Judicial Conduct.
B.
At all times the Village of Denmark Municipal Court shall comply
with the provisions of Chapter 800 of the Wisconsin Statutes, including
the form of citations, initial appearances, pretrial conferences and
trials as addressed in that chapter.
C.
The Village of Denmark Municipal Court has exclusive jurisdiction
over any action in which the municipality seeks to impose forfeitures
for violations of the Village ordinances. Such forfeitures shall be
enforced by way of the issuance of citations by the Village of Denmark
Police Department.
D.
The Municipal Judge may punish for contempt of municipal court for
the Village, as defined and authorized by § 800.12, Wis.
Stats.
[Added 11-5-2018 by Ord.
No. 2018-08]
A.
At the time of the issuance of any citation for violation of the
Denmark Municipal Code or other Village ordinance, the issuing officer
shall provide written notice to the defendant of the opportunity to
submit, in writing, to the Municipal Court Clerk that the citation
is contested, at which time the citation shall be scheduled for a
pretrial conference and trial.
[Amended 6-4-2018 by Ord.
No. 2018-04]
B.
At the time of the issuance of the citation the defendant shall be
notified that in the event the citation is not contested in writing
that the defendant will be required to appear at an initial appearance
at which time the Municipal Judge will make a determination as to
further proceedings in the matter.
C.
Prior to the scheduled trial the defendant shall participate in a
pretrial conference with the Attorney for the Village of Denmark in
an effort to resolve the citation without a trial. All resolutions
reached at the pretrial conference shall be approved by the Judge
for the Denmark Municipal Court.
D.
The Village of Denmark Municipal Court shall operate at the Denmark
Village Hall and utilize the forms and procedures adopted by the Village
of Denmark, through its Board of Trustees, in the operation of the
Court and in the disposition of the citations issued by the Village
of Denmark Police Department.
E.
The administration and collection of fines and forfeitures shall
be conducted by the Village of Denmark Clerk and Treasurer following
a judgment of conviction being entered in the Municipal Court.
F.
All money collected by the Municipal Judge or Court Clerk shall be
turned over to the Village Clerk-Treasurer along with a copy of the
Court receipt within seven days of receipt and deposited into the
Village bank account. At such time, the Municipal Judge shall also
report to the Village Clerk-Treasurer the title, nature of offenses,
and total amount of judgments imposed in actions and proceedings in
which such moneys were collected. The Village-Clerk Treasurer may
also accept payments of forfeitures, fees, surcharges, and costs.
The Village Clerk-Treasurer will communicate with the Court Clerk
as payments arrive so payments can be applied to applicable citations.
Payments can be made in person at 118 East Main Street, Denmark, Wisconsin
54208, mailed to the Municipal Court at P.O. Box 341, Denmark, Wisconsin
54208, or online at www.GovPayNow.com. A convenience fee for the transaction
will be charged if paid online.
[Added 6-4-2018 by Ord.
No. 2018-04; amended 10-10-2022 by Ord. No. 2022-02]
