Chapter 4

MUNICIPAL COURT

[HISTORY: Adopted by the Common Council of the City of Gillett 12-4-2003 by Ord. No. 2003-14 (§ 1.06 of the former Municipal Code). Amendments noted where applicable.]

§ 4-1.  Purpose.

The Common Council has previously established the Gillett Municipal Court which has been in existence for more than 20 years. The purpose of this chapter is to formalize, by ordinance, the establishment of said Court and to include various provisions pertaining to the operation of said Court, some of which provisions were previously contained in Section 3.04 of the Municipal Code.[1]

§ 4-2.  Court established.

The City of Gillett hereby establishes a Municipal Court for the City of Gillett and reaffirms the establishment of said Court which has been in existence for more than 20 years. This Court is created pursuant to Ch. 755, Wis. Stats. Said Court shall become operative and functional as of the passage and publication of this chapter. This chapter also reaffirms the current existing Municipal Court for the City of Gillett.

§ 4-3.  Jurisdiction.

The Municipal Court and the Municipal Judge shall have jurisdiction as provided in §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by Wisconsin law.

§ 4-4.  Municipal Judge.

The Municipal Court shall be presided over by a Municipal Judge.

A.     Election; term. The Municipal Judge currently is serving a term which expires on April 6, 2005. The Municipal Judge shall be elected at large by the electors of the City at the spring election of odd-numbered years and shall be elected for a term of two years. The Municipal Judge shall serve until a successor is elected and qualifies. Mid-term vacancies in the office of Municipal Judge shall be filled by appointment, as agreed upon by the City Council, pursuant to § 8.50(4)(fm), Wis. Stats.

B.      Salary. The Municipal Judge shall receive a monthly salary paid by the City, which shall be in lieu of fees and costs. No salary shall be paid to the Municipal Judge for any time during the term for which the official bond and oath have not been executed and filed, as required by Subsection C of this section.

C.     Bond; oath. The Municipal Judge shall execute and file with the Clerk of Courts for Oconto County the oath prescribed by § 757.02, Wis. Stats., and a bond. The Municipal Judge shall not be qualified to act until a certified copy of the bond is filed with the City Clerk/Treasurer and a certified copy of the oath is filed with the office of the Director of State Courts, as required by § 755.03, Wis. Stats.

§ 4-5.  Sessions; location.

A.     Sessions. The Municipal Court shall be open on the days and hours set by the Municipal Judge.

B.      Location. The Municipal Judge shall hold court in the City Hall of the City of Gillett.

§ 4-6.  Procedure.

The procedure in the Municipal Court shall be as provided by this chapter and state law, including, without limitation because of enumeration, Chs. 800 and 755 and §§ 23.50 to 23.85, 345.11, 345.53, and 972.11(3m), Wis. Stats.

§ 4-7.  Forfeitures.

The Municipal Judge may impose punishment and forfeitures provided under Wisconsin law and as provided in the ordinances of the City. The Municipal Judge shall collect all forfeitures, penalty assessments, jail assessments, court costs, fees and taxable costs in any action or proceeding before the Municipal Court and shall pay over the amounts collected to the City Clerk/Treasurer within 15 days of receipt. At such time, the Municipal Judge also shall report to the Court Clerk the title of the action, the offense for which forfeiture was imposed, and the total amount of the forfeiture, assessment, fees and costs.

§ 4-8.  Contempt of Court.

The Municipal Judge may impose a sanction authorized under § 800.12(2), Wis. Stats., for contempt of court, as defined in § 785.01(1), Wis. Stats., in accordance with the procedures under § 785.03, Wis. Stats. 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, penalty assessment under § 757.05, Wis. Stats., jail assessment under § 302.46, Wis. Stats., crime laboratories and drug law enforcement assessment under § 165.755, Wis. Stats., any applicable consumer protection assessment under § 100.261, Wis. Stats., and any applicable domestic abuse assessment under § 973.055(1), Wis. Stats., a jail sentence not to exceed seven days.

§ 4-9.  Stipulation and deposits.

A.     Deposit schedule to be established. The City Council shall adopt a bond schedule or ordinance setting forth the forfeitures and maximum penalty which can be imposed.[2] No bond shall exceed the maximum penalty which could be imposed for the ordinance violation.

B.      Stipulation and deposit in lieu of Court appearance. Persons cited for violations of City ordinances 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 §§ 800.03, 800.04, and 800.09, Wis. Stats.

C.     Traffic and all-terrain vehicle deposits. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats., shall apply to stipulation and deposits for violations of traffic regulations enacted in accordance with § 345.26, Wis. Stats., and all-terrain vehicle regulations enacted in accordance with § 23.33, Wis. Stats.

D.     When not permitted. Stipulations and deposits shall not be permitted after initial appearance or in cases of contempt under § 4-8.

§ 4-10.  Authority to impose alternative juvenile dispositions and sanctions.

A.     For a juvenile adjudged to have violated an ordinance, the Municipal Court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes.

B.      For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under § 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.

C.     The Municipal Judge may impose community service as an alternative to a monetary forfeiture in the case of a juvenile violator if the appropriate municipality has established a community service program. In such a case, the juvenile may be required to complete a community service project as specified by the Court. Supervision of the juvenile upon whom the sentence is imposed shall be the responsibility of the parent, parents or legal guardian having custody of the juvenile.