Actions for violations of this code or other town ordinances may be commenced by filing with the municipal judge a statement or complaint stating the nature of the offense, signed by any member of the police department or any other person, which complaint shall be made in accordance with the forms required by law. If any person shall, on oath, make complaint that anyone has violated this code or any other ordinance of the town, setting forth the section of the code or other town ordinance which has been violated, the municipal judge may issue a warrant for the apprehension of the offender.
(1996 Code § 11-4; Ord. 372, 1973; amended during August 1984 supplementation; Ord. 650 § 3(H)(i), 1996)
[1]
For rule of criminal procedure applicable to complaint in municipal court proceedings, see W.R. Cr. P., Rule 3. As to warrants, see W.R. Cr. P., Rule 4.
In addition to the procedure for issuance of citations now provided by law, a citation in lieu of a formal complaint may be issued charging any violation of the ordinances of the town for which any fine or imprisonment is specified, provided:
(a) 
The potential defendant has waived the right to have a formal complaint filed against him and has signed a promise to appear in municipal court;
(b) 
Prior to such waiver, the potential defendant has been advised that he need not consent to the issuance of the citation and that he has a right to have his case prosecuted upon a sworn complaint.
(1996 Code § 11-4.1; Ord. 467, 1977)
No person who shall file a complaint in the municipal court which results in the arrest or the citation to the municipal court of the person complained of shall willfully fail, neglect or refuse to appear for the trial of such arrested or cited person and testify in support of the complaint. The police department shall provide such complaining person a written notice of the time for trial of such person arrested or cited pursuant to such complaint.
(1996 Code § 11-6; Ord. 372, 1973; Amended during August 1984 supplementation)
No action before the municipal judge shall be dismissed for any defect of form in the statement or complaint if it substantially sets forth the nature of the violation alleged so as to give the defendant notice of the charge which is required to be answered. Such statement or complaint may include several persons charged with the same offense.
(1996 Code § 11-7; Ord. 372, 1973; amended during August 1984 supplementation; Ord. 650 § 3(H)(i), 1996)
No change of venue shall be granted in any case arising under this code or other ordinances of the town.
(1996 Code § 11-8; Ord. 372)
Should a defendant duly summoned fail to appear in municipal court at the time his case is set for trial, the municipal judge shall hear and examine the testimony offered on the part of the town and shall render judgment by default against the defendant for such amount under this code or other town ordinances as the municipal judge shall deem just.
(1996 Code § 11-9; Ord. 372; Ord. 650 § 3(H)(i), 1996)
In any case before the municipal judge for any violation of this code or other ordinances of this town, the defendant shall be tried by the municipal judge without intervention of a jury.
(1996 Code § 11-10; Ord. 372; Ord. 650 § 3(H)(i), 1996)
Upon each conviction on a complaint filed in the municipal court, the municipal judge shall levy and collect, in addition to any fine imposed, court costs of no more than $10.00 and the fine and costs so collected shall be remitted to the town treasurer.
When a defendant is acquitted in any prosecution, the complainant may, in the discretion of the municipal judge, be adjudged to pay the costs of the proceeding if it appears to the municipal judge that the prosecution was instituted maliciously or without reasonable cause, and judgment shall be so rendered and execution shall issue therefor.
(1996 Code § 11-11; Ord. 372; Ord. 650 § 3(H)(i), 1996)
[1]
For law as to disposition of fines, see WS, 1977, 5-6-303.
Witnesses appearing in the municipal court of the town on behalf of the town shall be entitled to such fees as are allowed witnesses appearing in justice of the peace courts of the state.
(1996 Code § 11-12; Ord. 372)
[1]
For state law as to witness fees, see WS, 1977, 1-14-102, 1-14-193, as amended.