City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 2, Ch. 4, of the 1981 Code). Amendments noted where applicable.]
A. 
Office created. Pursuant to Chapter 755, Wis. Stats., and the agreement dated May 1, 2010, by and between the City of Two Rivers and the Village of Mishicot ("the municipalities"), there is hereby created and established a joint municipal court to be designated "Municipal Court for the City of Two Rivers and the Village of Mishicot," said court to become operative and functional on May 1, 2010.
B. 
Qualifications. The joint court shall be under the jurisdiction of and presided over by a Municipal Judge who resides in one of the municipalities.
C. 
Term of office. The Municipal Judge shall hold office for a term of four years commencing on May 1 succeeding his/her election and shall hold office until his/her successor is elected and qualified.
D. 
Election.
(1) 
The Municipal Judge shall be elected at large for a term of four years at the spring election held in even-numbered years every four years and shall take office on May 1 following the election.
(2) 
Any vacancy occurring in the office of Municipal Judge shall be filled pursuant to § 8.50(4)(fm), Wis. Stats.
E. 
Salary. The salary of the Municipal Judge shall be fixed by the Two Rivers City Council and shall be in lieu of fees and costs in accordance with § 755.04, Wis. Stats. No salary shall be paid for any time during the term during which such Judge has not executed the official bond or official oath, as required by § 755.03, Wis. Stats. The municipalities allocate funds for the administration of the Municipal Court pursuant to § 66.0301, Wis. Stats.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
F. 
Bond and oath. 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 $5,000 as required by § 62.09(4), Wis. Stats. The Judge shall not act until the oath and bond have been filed as required by Wisconsin Statutes and the requirements of § 755.03(2), Wis. Stats., have been complied with.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
G. 
Jurisdiction.
(1) 
The Municipal Court shall have jurisdiction over incidents occurring in the municipalities on or after May 1, 2010, 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 regarding the municipal ordinances, resolutions, and bylaws of the municipalities.
(2) 
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.
(3) 
The Municipal Court has jurisdiction over juvenile offenders if either of the municipalities has enacted an ordinance under the authority of § 938.17(2)(cm), Wis. Stats.
H. 
Procedure.
(1) 
The Court of the Municipal Judge shall be called the "Joint Municipal Court for the City of Two Rivers and Village of Mishicot, Wisconsin."
(2) 
The Municipal Judge shall hold court in the Two Rivers City Hall on Wednesday mornings, unless other arrangements are made.
(3) 
The Judge shall, in writing, appoint such clerks and deputy clerks that are authorized and funded by the City of Two Rivers Council.
I. 
Contempt of court.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(1) 
The Municipal Judge may punish for contempt of Municipal Court persons guilty of either of the following acts:
(a) 
Disorderly, contemptuous or insolent behavior committed during its sittings, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due its authority.
(b) 
Resistance or disobedience to any lawful order or process made or issued by the Municipal Judge, City Attorney or City Prosecutor.
(2) 
The Municipal Judge may, upon finding any person guilty of contempt, follow the procedure in § 800.12, Wis. Stats., for imposing punishment.
J. 
Statutes adopted by reference. Chapter 755 and Chapter 800, Wis. Stats., are hereby adopted by reference.[1]
[1]
Editor's Note: Original Sec. 2-4-1(k), Court Costs, which immediately followed this subsection, was repealed and subsequent subsections renumbered at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).
K. 
Collection of forfeitures and costs. The Municipal Judge may impose punishment and sentences as provided by Chapter 800 and Chapter 938, Wis. Stats., and as provided in the ordinances of the municipalities that are parties to the agreement. All forfeitures, fines, and taxable costs in any action or proceeding before the Municipal Judge shall be collected by the Chief of Police of Two Rivers. The Chief shall pay forfeitures collected to the Two Rivers City Treasurer on the fifth business day succeeding his receipt thereof.
L. 
Disbursement of forfeitures and costs. All forfeitures, fees, assessments, surcharges, and costs collected by the City of Two Rivers shall be paid to the treasurer of the municipality within which the cases arose monthly. The municipal court shall report to the treasurer the title of action, the nature of the offenses and total amount of judgments imposed in actions and proceedings in which such monies were collected.
M. 
Abolition. Pursuant to § 755.01(2), Wis. Stats., the Municipal Court hereby established shall not be abolished while the agreement referred to in Subsection A hereof is in effect.
A. 
The Municipal Court is authorized to impose any of the dispositions described in §§ 938.343 and 938.344, Wis. Stats., as amended from time to time, consistent with the terms and provisions of those statutes.
B. 
If a juvenile violates a condition of a disposition order made by the Municipal Court pursuant to §§ 938.343 or 938.344, Wis. Stats., and this chapter, the Municipal Court is authorized to impose any of the sanctions described in § 938.355(6)(d), Wis. Stats., as amended from time to time, consistent with the terms and provisions of that statute.
C. 
This section is enacted pursuant to authority granted by § 938.17(2)(cm), Wis. Stats.