[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 1-81 as Ch. 1, Sec. 1.05 of the 1981 Code. Amendments noted
where applicable.]
A.
Office created. Pursuant to W.S.A. s. 755.01, there
is created the office of Municipal Judge for the City.
B.
Election; term. The Municipal Judge shall be elected
at large at the spring election commencing with the 1968 election
for a term of four years, or until a successor is elected and qualifies,
commencing on May 1 next succeeding his election. Midterm vacancies
in the office of Municipal Judge shall be filled by special election
to be held not less than 55 nor more than 70 days after the order
of the Council therefor.
C.
Qualifications.
On the date of filing for office, the Municipal Judge shall be actively
licensed to practice law in the State of Wisconsin. The Municipal
Judge shall maintain active licensure throughout the term of office.
Revocation or forfeiture of active licensure to practice law in the
State of Wisconsin shall result in the Municipal Judge's immediate
vacation of office.
[Added 9-5-2023 by Ord. No. 12-23[1]]
D.
Salary. The Municipal Judge shall receive a salary which shall be determined and fixed by the Common Council and which salary shall be in lieu of fees and costs. The salary may be increased by the Common Council before the start of the second or a subsequent year of service of the term of the Judge but shall not be decreased during a term. No salary shall be paid to the Judge for any time during his term for which he has not executed and filed his official bond and oath as required by Subsection D of this section.
[Amended by Ord. No. 7-85]
E.
Bond; oath.
(1)
The Municipal Judge shall execute and file with the
Clerk of the Courts for St. Croix County the oath prescribed by W.S.A.
s. 757.02 and a bond in the penal sum of $1,000.
(2)
The Municipal Judge shall not be qualified to act
until a certified copy of the bond is filed with the City Clerk and
certified copy of the oath is filed with the office of the Sate Administrator
of Courts as required by W.S.A. s. 755.03.
F.
Jurisdiction. The Municipal Judge shall have jurisdiction
as provided by law and W.S.A. s. 755.045 and exclusive jurisdiction
of violations of city ordinances, resolutions and bylaws.
A.
The Municipal Court for the City of Hudson is established
pursuant to W.S.A. s. 755.01 and ch. 755.
[Amended 5-1-2000 by Ord. No. 9-00]
B.
Hours. The Municipal Court for the city shall be open
as determined by order of the Municipal Judge.
C.
Location. The Municipal Judge shall keep his office
and hold court in the City Hall.
D.
Procedure. The procedure in Municipal Court for the
city shall be as provided by this chapter and state law, including,
without limitation because of enumeration, W.S.A. chs. 800 and 755
and ss. 23.66 to 23.99, 778.14, 778.15 and 345.53.
[Amended 5-1-2000 by Ord. No. 9-00]
E.
Collection and return of forfeitures. The Municipal
Judge shall collect all forfeitures, penalty assessments, fees and
taxable costs in any action or proceeding before him and shall pay
over such moneys to the Finance Officer within seven days of collection.
At such time the Municipal Judge shall also report to the Finance
Officer the title, nature of offenses and total amount of judgments
imposed in actions and proceedings in which such moneys were collected.
[Amended 5-1-2000 by Ord. No. 9-00]
F.
Contempt of Court. The Municipal Judge, after affording
an opportunity to the person accused to be heard in defense, may punish
for contempt of Municipal Court persons guilty of either of the following
acts and no other:
(1)
Disorderly, contemptuous and insolent behavior toward
the Judge while engaged in any judicial proceeding or other conduct
which tends to interrupt the proceedings or to impair the respect
due the Judge's authority.
(2)
Resistance of or disobedience to any lawful order
or process made or issued by the Judge.
G.
Penalty for contempt. The Municipal Judge may, upon
finding any person guilty of contempt, order such person to forfeit
not more than $50 plus a twelve-percent penalty assessment under W.S.A.
s. 165.87. Upon nonpayment of the forfeiture and penalty, the person
found guilty of contempt may be sentenced to the county jail not to
exceed seven days.
A.
Deposit schedule to be established. The Municipal
Judge shall establish and submit to the Common Council for approval,
in accordance with W.S.A. s. 785, a schedule of deposits for violations
of the city ordinances, resolutions and bylaws, except traffic regulations,
which are governed by W.S.A. s. 345.26, and boating violations governed
by W.S.A. s. 23.67. When approved by the Council, such deposit schedule
shall be maintained and on file in the office of the Municipal Court
Clerk and the City Police Department.
[Amended 5-1-2000 by Ord. No. 9-00; 7-20-2015 by Ord. No. 7-15]
B.
Stipulation and deposit in lieu of court appearance.
Persons cited for violations of city ordinances, resolutions or bylaws
for which a deposit has been established under this section shall
be permitted to make a stipulation of no contest and a deposit in
lieu of court appearance as provided in W.S.A. ss. 800.03, 800.04
and 800.09.
C.
Traffic and boating deposits. The deposit schedule established by the Wisconsin Board of County Judges and the procedures set forth in W.S.A. ch. 23 and ss. 345.26(2), 778.25(3), 778.26(3) and 969.065 shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with W.S.A. s. 345.26 and boating regulations enacted in accordance with W.S.A. s. 30.77.
[Amended 5-1-2000 by Ord. No. 9-00]
[Amended by Ord. No. 16-88; Ord. No. 25-94; 8-4-2014 by Ord. No. 6-14]
Citations for Municipal Court may be issued
by the following City officers: Building Inspector, Assistant Building
Inspector, Fire Chief/Fire Inspector, Zoning Administrator, Director
of Parks and Public Works, and sworn officers of the Hudson Police
Department.
[Added by Ord. No. 2-97]
The Municipal Court may require a person violating
a city ordinance that prohibits conduct that is the same as or similar
to conduct prohibited by state statute, punishable by fine or imprisonment,
to make a contribution not to exceed the maximum amount of the forfeiture
which may be levied to a crime prevention organization if the Court
determines that the violator has the financial ability to make the
contributions.
[Added by Ord. No. 3-97]
The Municipal Court shall have the authority
to impose alternative dispositions and sanctions in Municipal Court.
A.
For a juvenile adjudged to have violated a municipal
ordinance, the Court is authorized to impose any of the dispositions
listed in W.S.A. ss. 938.343 and 938.344, in accordance with the provisions
of those statutes.
B.
For a juvenile adjudged to have violated a municipal
ordinance who violates a condition of a dispositional order of the
Court under W.S.A. s. 938.343 or 938.344, the Municipal Court is authorized
to impose any of the sanctions listed in W.S.A. s. 938.355(6)(d),
in accordance with the provisions of those statutes.
C.
The Municipal Court, in imposing a disposition under
this section, shall order the juvenile to pay, in addition to any
forfeiture, the costs of any counseling, safety program or alcohol
or drug abuse assessment, including treatment, costs of electronic
monitoring detention and placement in any detention facility.
D.
This section is enacted under the authority of W.S.A.
s. 938.17(2)(cm).
