There is hereby created and established a Municipal Court under the provisions of Chapter 755 of the Wisconsin Statutes for the City of Delafield, City of Oconomowoc, Town of Delafield, Town of Erin, Town of Merton, Town of Oconomowoc, Town of Ottawa, Village of Chenequa, Village of Dousman, Village of Hartland, Village of Johnson Creek, Village of Lac LaBelle, Village of Lisbon, Village of Merton, Village of Nashotah, Village of Oconomowoc Lake, Village of Sullivan, Village of Summit, Village of Sussex, Town of Ixonia (Contract Member), Town of Sullivan (Contract Member), and Village of Palmyra (Contract Member) or so many of those municipalities which enact an ordinance identical to this chapter pursuant to § 755.01(4).
[HISTORY: Adopted by the Village Board of the Village of Merton 1-22-2026 by Ord. No. 228.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 15, Court, Municipal, adopted 1-18-2024 by Ord. No. 213.
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 the state of Wisconsin, and who shall reside in one of the following municipalities: City of Delafield, City of Oconomowoc, Town of Delafield, Town of Erin, Town of Merton, Town of Oconomowoc, Town of Ottawa, Village of Chenequa, Village of Dousman, Village of Hartland, Village of Johnson Creek, Village of Lac LaBelle, Village of Lisbon, Village of Merton, Village of Nashotah, Village of Oconomowoc Lake, Village of Sullivan, Village of Summit, Village of Sussex Town of Ixonia (Contract Member), Town of Sullivan (Contract Member), and Village of Palmyra (Contract Member) or those municipalities which enact an ordinance identical to this chapter and enter into an agreement pursuant to § 566.0301, 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 1st. 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 Merton shall provide 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.
The Municipal Clerk of each municipality shall see to the compliance with § 5.58(1)(c), § 5.60(1)(b), § 5.60(2), § 7.15, § 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.
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 riled pursuant to § 19.01, Wis. Stats. The municipalities may be separate ordinances, resolutions, or through the budget process, allocate funds for the administration of the Municipal Court pursuant to Wis. Stats. § 66.0301.
The Municipal Court shall be held in the Community Building of the City of Oconomowoc Police Department at 630 East Wisconsin Avenue, Oconomowoc, Wisconsin 53066. 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.
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 Delafield, City of Oconomowoc, Town of Delafield, Town of Erin, Town of Merton, Town of Oconomowoc, Town of Ottawa, Village of Chenequa, Village of Dousman, Village of Hartland, Village of Johnson Creek, Village of Lac LaBelle, Village of Lisbon, Village of Merton, Village of Nashotah, Village of Oconomowoc Lake, Village of Sullivan, Village of Summit, Village of Sussex, Town of Ixonia (Contract Member), Town of Sullivan (Contract Member), and Village of Palmyra (Contract Member). All forfeitures, fees, penalty assessments, and other costs paid to the Municipal Court shall be accounted for and disbursed by the Municipal Court with the approval of the Operations Committee in a not less than monthly basis. The Municipal Judge may impose punishment and sentence as provided by § 800.09, Wis. Stats., and as provided in the ordinances of the Member Municipalities.
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 Wis. Stats. as referred to in § 15-10 below. The Municipal Judge shall establish in accordance with § 800.03(3), Wis. Stats., a schedule of deposits for violations of City, Town, and Village ordinances, resolutions and by laws, 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 stablishing this Court and shall be made available upon request.
The procedure in Municipal Court shall be as provided by this chapter and state law, including but not excluding because of enumeration Chapters 66, 345, 751, 755, 757, and 800 of Wis. Stats.
Any member municipality may withdraw from this agreement by giving notice in writing to the Judge and Chair of the Administrative Committee no later than August 31st of any year. Upon giving such notice, the Member Municipality's participation in the Municipal Court shall terminate at the end of said year. The Municipal Court hereby established shall not be abolished while the § 755.01(4), Wis. Stats., agreement is in effect.