[HISTORY: Adopted by the Village Board of the Village of
Johnson Creek 2-27-2017 by Ord.
No. 2-27;[1] amended in its entirety 2-25-2019 by Ord. No. 1-19. Subsequent amendments
noted where applicable.]
[1]
Former Ch. 54, Municipal Court, adopted 12-1-1994 by Ord.
No. 12-94 as § 3.11 of the 1994 Code, as amended, was repealed
12-29-2014 by Ord. No. 8-14, in which the Village of Johnson Creek
agreed to abolish the Central Jefferson County Municipal Court, effective
5-1-2015. Municipal citations were directed to the Jefferson County
Circuit Court.
A.
Municipal court created. There is hereby created and established
a Municipal Court under the provisions of Chapter 755 of the Wisconsin
Statutes for the City of Oconomowoc, Village of Oconomowoc Lake, Village
of Dousman, Town of Delafield, Village of Nashotah, Town of Lisbon,
Town of Merton, Village of Sussex, Village of Hartland, Village of
Lac LaBelle, Town of Oconomowoc, Village of Summit, Village of Chenequa,
Town of Erin, Village of Merton, Village of Sullivan, Village of Johnson
Creek, Town of Ixonia (Contract Member), Town of Ottawa (Contract
Member), and Town of Sullivan (Contract Member), or so many of those
municipalities which enact an ordinance identical to this chapter
pursuant to § 755.01(4).
B.
Municipal judge. 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 Wisconsin, and who shall reside in one of the following
municipalities: City of Oconomowoc, Village of Oconomowoc Lake, Village
of Dousman, Town of Delafield, Village of Nashotah, Town of Lisbon,
Town of Merton, Village of Sussex, Village of Hartland, Village of
Lac LaBelle, Town of Oconomowoc, Village of Summit, Village of Chenequa,
Town of Erin, Village of Merton, Village of Sullivan, Village of Johnson
Creek, Town of Ixonia, Town of Ottawa, or Town of Sullivan, or those
municipalities which enact an ordinance identical to this chapter
and enter into an agreement pursuant to § 66.0301 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 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 Village Board of the Village of Johnson Creek shall
provide for 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.
C.
Elections. The Municipal Clerk of each municipality shall see to
the compliance with § 5.58(1c), 5.60(1)(b), 5.60(2), 7.10(1)(a),
7.60(4)(a) and 8.10(6)(bm) to provide for the election of a Municipal
Judge under § 755.01(4).
D.
Oath and bond. The Judge shall, after his 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. The Judge shall not
act until his oath and bond have been filed as required by § 19.01(4)(c)
Wis. Stats. and the requirements of § 755.03(2) have been
complied with.
E.
Salary. 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 bond or official oath, as required by § 755.03,
Wis. Stats., and filed pursuant to § 19.01(4)(c) Wis. Stats.
The municipalities may by separate ordinances, resolutions, or through
the budget process, allocate funds for the administration of the Municipal
Court pursuant to Wis. Stats. § 66.0301.
F.
Jurisdiction. The municipal Judge of the Municipal Court shall have
such jurisdiction as provided by § 755.045 and 755.05 Wis.
Stats., and as otherwise provided by state law. The Municipal Judge
is authorized to issue inspection warrants under § 66.0119
Wis. Stats.
G.
Location and hours. The Municipal Court shall be held in the Council
Chambers of the City of Oconomowoc City Hall at 174 E. Wisconsin Avenue,
Oconomowoc, Wisconsin, until relocated to the City of Oconomowoc Police
Department building at 630 East Wisconsin Avenue, Oconomowoc, Wisconsin.
The Municipal Court shall be open at such times as determined by the
Municipal Judge.
H.
Fines and forfeitures. 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 Oconomowoc, Village of Oconomowoc Lake, Village of Dousman, Town
of Delafield, Village of Nashotah, Town of Lisbon, Town of Merton,
Village of Sussex, Village of Hartland, Village of Lac LaBelle, Town
of Oconomowoc, Village of Summit, Village of Chenequa, Town of Erin,
Village of Merton, Village of Sullivan, Village of Johnson Creek,
Town of Ixonia, Town of Ottawa, or Town of Sullivan. All forfeitures,
fees, penalty assessments and costs shall be paid to the Treasurer
of the municipality within which the case arose within seven days
after receipt of the money by the Municipal Judge or other court personnel.
At the time of the payment, the Municipal Judge shall report to the
Treasurer the title of the action, the offense for which a forfeiture
was imposed and the total amount of the forfeiture, fees, penalty
assessment and costs, if any.
I.
Stipulations and deposits in municipal court. The Municipal Court herein established shall be operated pursuant to and in compliance with the provisions of Chapter 800 Wis. Stats., and, where applicable, other provisions of the Wis. Stats. as referred to in Subsection J below. The Municipal Judge shall establish in accordance with § 800.037 Wis. Stats., a schedule of deposits for violations of City, Village and Town ordinances, resolutions and bylaws, 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 establishing this Court and shall be posted in the office of the Municipal Court Clerk and the police departments of the respective communities.
J.
Procedure in Municipal Court. 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.
K.
Contempt procedures.
(1)
The Municipal Judge may impose a sanction authorized under § 800.12(2)
for contempt of court, as defined in § 785.01(1) Wis. Stats.,
in accordance with the procedures under § 785.03 Wis. Stats.
(2)
The Municipal Judge may impose a forfeiture for contempt under § 800.12(1)
Wis. Stats. in an amount not to exceed $50 or, upon nonpayment of
the forfeiture and the penalty assessment under § 757.05
Wis. Stats., a jail sentence not to exceed seven days.
L.
The Municipal Court hereby established shall not be abolished while
the § 755.01(4) agreement is in effect.
