[HISTORY: Adopted by the City Council of the City of Fond
du Lac 2-12-2020 by Ord. No. 3705.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 33,
Court, Municipal, adopted 8-27-2003 by Ord. No. 3172 (Ch. 17 of the 1993 Code),
as amended.
[Amended 7-22-2020 by Ord. No. 3719; 9-14-2022 by Ord. No. 3761]
Pursuant to the authority granted by § 755.01(4),
Wis. Stats., or as subsequently amended, there is hereby created and
established a joint municipal court to be designated "Lakeside Municipal
Court," serving the Cities of Fond du Lac and Ripon; the Towns of
Empire, Fond du Lac, Oakfield, Osceola, Ripon, and Taycheedah; the
Villages of Brandon, Campbellsport, Fairwater, North Fond du Lac,
Oakfield and St. Cloud in Fond du Lac County; the Cities of Berlin,
Green Lake, Markesan and Princeton in Green Lake County; the City
of Berlin in Waushara County; Towns of Auburn, Calumet, and Friendship
in Fond du Lac County[1]; and Town of Wilson in Sheboygan County[2]. Said Court shall become operative and functional after
the member of the Lakeside Municipal Court passes a version of this
chapter.
A.
Qualifications. The joint court shall be under the jurisdiction of
and presided over by a Municipal Judge who resides in one of the municipalities
that is a party to the agreement forming this joint court.
B.
Oath and bond. 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 $1,000, or an appropriate insurance policy of not
less than $20,000 as prescribed in § 66.0609(4), Wis. Stats.
The judge shall not act until the oath and bond and/or appropriate
insurance policy have been filed as required by § 19.01(4)(c),
Wis. Stats., and the requirements of § 755.03(2), Wis. Stats.,
have been complied with.
C.
Salary. The salary of the Municipal Judge shall be fixed by the Village
Board of the Village of North Fond du Lac which 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 appropriate
insurance policy and official oath, as required by § 755.03,
Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
A.
Term. The Municipal Judge shall be elected at large in the spring
election for a term of four years commencing on 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 Fond du Lac County Clerk shall serve as filing officer
for the candidates.
B.
Electors. Electors in all municipalities that are parties to the
agreement shall vote for the Judge.
A.
The Municipal Court shall have jurisdiction over incidents occurring
on or after January 1, 2020, 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 over actions in the municipalities
that are parties to the agreement seeking to impose forfeitures for
violations of municipal ordinances, resolutions and bylaws.
B.
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.
C.
The Municipal Court has jurisdiction over juvenile offenders when
a municipality that is party to the agreement enacts an ordinance
under the authority of § 938.17(2)(cm), Wis. Stats.
D.
Court authority to impose alternative juvenile dispositions and sanctions.
(1)
For a juvenile adjudged to have violated an ordinance, a 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.
(2)
For a juvenile adjudged to have violated an ordinance that violates
a condition of a dispositional order of the court under §§ 938.343
or 938.344, Wis. Stats., the Municipal 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.
Hours. Lakeside Municipal Court shall be open as determined by order
of the Municipal Judge.
B.
Employees. The Judge shall, in writing, appoint such an administrator,
clerks, deputy clerks and assistants as are authorized by the Village
Board of North Fond du Lac.
C.
Location. The Municipal Judge shall keep his/her office at a location
provided by the Board of Trustees of the Village of North Fond du
Lac and shall hold court at locations agreed to by members of Lakeside
Municipal Court. The Municipal Judge may issue, process and perform
ministerial functions any place in the State of Wisconsin.
The Municipal Judge may impose punishment and sentences as provided
by Chapters 800 and 938, Wis. Stats., and as provided in ordinances
of the municipalities that are parties to the agreement. All forfeitures,
fees, assessments, surcharges and costs shall be paid to the Treasurer
of the Village of North Fond du Lac in accordance with state statute.
At such time, the Municipal Court shall report to the Treasurer the
title, nature of offense and total amount of judgments imposed in
actions and proceedings in which such monies are collected.
The Municipal Judge, after affording an opportunity to the person
accused to be heard in defense, may punish for contempt as provided
in § 800.12, Wis. Stats., and impose a forfeiture and/or
a jail sentence in accordance with state statute.
A.
Deposits for ordinance violations. The Municipal Judge shall establish
and submit to the City Councils or Town or Village Boards of the member
municipalities for approval in accordance with § 800.037,
Wis. Stats., a schedule of deposits for violations of each ordinance,
resolution and bylaw.
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 stipulations
and deposits for violations of traffic regulations enacted in accordance
with § 345.11, Wis. Stats., and boating regulations enacted
in accordance with § 30.77, Wis. Stats.
C.
Stipulations and deposits in lieu of Court appearance. Persons cited
for violations of the member municipalities' ordinances, resolutions
or bylaws 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 §§ 800.035, 800.045, and 800.09, Wis. Stats., unless
personal appearance is required.
The Municipal Court hereby established shall not be abolished
while the § 755.01(4), Wis. Stats., agreement is in effect.
