[HISTORY: Adopted by the Village Board of the Village of
Salem Lakes at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
This chapter is adopted pursuant to authority granted by §§ 61.34,
66.0301 and 755.01(4), Wis. Stats.
The purpose of this chapter is to amend Ordinance No. 512 to
eliminate references to the Joint Municipal Court with the former
Town of Salem following consolidation and provide for the operation
of a single Municipal Court to serve the Village.
The provisions of this chapter shall be interpreted to be minimum
requirements and shall be liberally construed in favor of the Village.
Headings provided in this chapter are for convenience and ease of
reference; they shall not be interpreted to limit the applicability,
purpose, effect or meaning of any of the provisions of this chapter.
[Amended 1-21-2019 by Ord. No. 2019.01-21(16)]
A.
In accordance with § 755.01, Wis. Stats., there is created
and established a municipal court to be designated as the Village
of Salem Lakes Municipal Court. The court shall have two branches.
B.
Election and term. Each branch of the court shall be presided over
by an elected Municipal Judge, who shall serve for a term commencing
May 1 of the year of election.
C.
Salary. The Municipal Judge of each branch shall receive an annual salary as established by the Village Board, which shall be in lieu of fees and costs. No salary shall be paid to the Municipal Judge for any time during his or her term for which he or she has not executed and filed his or her official bond and oath as required by Subsection D of this section.
D.
Bond; oath. The Municipal Judge of each branch shall execute and
file with the Clerk of the County Circuit Court the oath prescribed
by law and a bond in the penal sum of $1,000.
E.
Expenses. The Village of Salem Lakes shall pay the reasonable expenses
of the municipal court, and shall provide each branch with such support
personnel as may be necessary for the proper functioning of the court
and each branch.
[Amended 1-21-2019 by Ord. No. 2019.01-21(16)]
A.
Each Municipal Judge shall have such jurisdiction as provided in
§ 755.045, Wis. Stats., and exclusive jurisdiction over
actions involving a violation of Village ordinances, unless such action
is transferred to a court of record pursuant to Ch. 800, Wis. Stats.
B.
For a juvenile adjudged to have violated an ordinance, the 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 who
violates a condition of a dispositional order of the Court under § 938.343
or 938.344, Wis. Stats., the 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.
A.
The Court shall be called the "Village of Salem Lakes Municipal Court"
and shall be open as determined by the Municipal Judge.
B.
The Municipal Judge shall keep his or her office and hold court in
the Salem Lakes Village Hall or at such other suitable location as
determined by the Village Board.
C.
Except as otherwise provided by law, the procedure in Municipal Court
shall be that which is provided in Ch. 800, Wis. Stats.
D.
The Municipal Judge or Municipal Court Clerk shall collect all forfeitures
and taxable costs in any action or proceeding and shall pay over such
moneys to the Village Treasurer no later than the 30th business day
following receipt thereof.
E.
The provisions of § 800.12, Wis. Stats., relating to Municipal
Court contempt procedures, are hereby adopted as if set forth herein
in full. The Municipal Judge may impose a forfeiture for contempt
in an amount not to exceed $200 or, upon nonpayment of the forfeiture,
plus costs, fees and surcharges imposed under Ch. 814, Wis. Stats.,
a jail sentence not to exceed seven days.
A.
The Municipal Judge shall be assisted in the conduct of the Municipal
Court by one or more Municipal Court Clerks, as authorized by the
Village Board.
B.
The hiring, termination, hours of employment, and work responsibilities
of the Court Clerk, when working during hours assigned to the Court,
shall be under the Judge's authority.
C.
The salaries of the Court Clerk or Clerks shall be fixed by the Village
Board.
D.
Any Municipal Court Clerk shall, before entering upon the duties
of the office, take the oath provided by § 19.01, Wis. Stats.,
and give a bond in the penal sum of $1,000.
E.
The Clerk shall be responsible for:
(1)
Preparing a docket of cases for each session of the Municipal Court.
(2)
Maintaining all files and records of the Municipal Court.
(3)
Attending all sessions of the Municipal Court and assisting in the
conduct of the Court.
(4)
Collecting and disbursing all forfeitures and related costs in accordance
with the statutes.
(5)
Corresponding and communicating with all persons involved in the
matters pending before the Municipal Court to ensure the efficient
operation thereof.
The Joint Municipal Court serving the Village and the former
Town of Salem created by Ordinance No. 512 is dissolved by reason
of the consolidation of the Town of Salem and the Village, and any
reference thereto in Ordinance No. 512 is hereby repealed.
This chapter shall take effect and be enforced from and after
April 30, 2019, and its due publication as required by law.
