[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.]
GENERAL REFERENCES
Penalties — See. Ch. 60.
Minors — See. Ch. 162.
[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 No. 12-94 as § 3.11 of the 1994 Code, as amended, was repealed 12-29-2014 by Ord.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.
[Amended 1-24-2022 by Ord. No. 01-22; 2-26-2024 by Ord. No. 03-24]
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), Town of Sullivan (Contract Member) and City of Delafield (Contract Member) or so many of those municipalities which enact an ordinance identical to this ordinance pursuant to § 755.01(4), Wis.
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, City of Delafield, 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 ordinance 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 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 Town Board of the Town of Delafield 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(1)(c), § 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. The Municipal Judge shall not act until his/her oath have been filed as required by § 19.01(4)(c) and § 755.03(2), Wis. Stats.
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 oath, as required by § 755.03, Wis. Stats., and filed pursuant to § 19.01, 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 § 66.0301, Wis. Stats.
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 § 66.01 19, Wis. Stats.
G. 
Location and hours. The Municipal Court shall be held in the Municipal Building of the City of Oconomowoc Police Department at 630 E. Wisconsin Avenue, Oconomowoc, Wisconsin. 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.
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 Delafield, 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, Town of Sullivan, or City of Delafield. 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 section 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), Wis. Stats. agreement is in effect.