Chapter 2.70


2.70.010    Established.

2.70.020    Hours.

2.70.030    Location.

2.70.040    Procedure.

2.70.050    Collection and return of forfeitures.

2.70.060    Contempt of court.

2.70.070    Stipulations and deposits in municipal court.

2.70.080    Jurisdiction of children twelve or over.

2.70.010 Established.

The municipal court for the city is established pursuant to Chapter 755, Wisconsin Statutes. (Ord. 2131-08 § 1 (part), 2008)

2.70.020 Hours.

The municipal court shall be open as determined by order of the municipal judge. (Ord. 2131-08 § 1 (part), 2008)

2.70.030 Location.

The municipal judge shall keep his office and hold court in accordance with Section 755.09, Wisconsin State Statutes. (Ord. 2131-08 § 1 (part), 2008)

2.70.040 Procedure.

The procedure in municipal court shall be as provided by this section and state law, including, without limitation, because of enumeration, Sections 23.66 to 23.99, 345.20 to 345.53 and Chapters 755, 778 and 800, Wisconsin Statutes. (Ord. 2131-08 § 1 (part), 2008)

2.70.050 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 city treasurer within seven days of collection. At such time, the municipal judge shall also report to the city treasurer the title, nature of offenses and total amount of judgments imposed in actions and proceedings in which such moneys were collected. (Ord. 2131-08 § 1 (part), 2008)

2.70.060 Contempt of court.

A.    Procedure. The municipal judge, after affording an opportunity to the person accused to be heard in defense, may punish, for contempt of municipal court, persons found guilty of contempt of court as defined in Section 785.01(1), Wisconsin Statutes, in accordance with Section 785.03, Wisconsin Statutes.

B.    Penalty. The municipal judge may, upon finding any person guilty of contempt, order such person to forfeit not more than fifty dollars ($50.00), plus fifteen (15) percent penalty assessment, under Section 165.87, Wisconsin Statutes. Upon nonpayment of the forfeiture and penalty, the person found guilty of contempt may be sentenced to the county jail for not to exceed seven days. (Ord. 2131-08 § 1 (part), 2008)

2.70.070 Stipulations and deposits in municipal court.

A.    Deposit Schedule to be Established. The municipal judge shall establish and submit to the council for approval, in accordance with Section 800.03(3), Wisconsin Statutes, a schedule of deposits for violations of city ordinances, resolutions and bylaws except traffic regulations which are governed by Section 345.27, Wisconsin Statutes, and boating violations governed by Section 23.67, Wisconsin Statutes. When approved by the council, such deposit schedule shall be posted in the office of the municipal court clerk and the police department.

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 subsection shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in Sections 800.03, 800.04 and 800.09, Wisconsin Statutes.

C.    Traffic and Boating Deposits. The deposit schedule established by the Wisconsin Board of County Judges and the procedures set forth in Chapters 23 and 345, Wisconsin Statutes, shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with Section 345.27, Wisconsin Statutes, and boating regulations enacted in accordance with Section 30.77, Wisconsin Statutes.

D.    When Not Permitted. Stipulations and deposits shall not be permitted after initial appearance or in cases of contempt under Section 2.70.060. (Ord. 2131-08 § 1 (part), 2008)

2.70.080 Jurisdiction of children twelve or over.

A.    The authority of Section 48.17(2), Wisconsin Statutes, as amended by Chapter 359, Laws of 1979, extending jurisdiction of the municipal court to children aged twelve (12) or over for violations of municipal ordinances is invoked. The citation and dispositional order and other processes and procedures prescribed in Chapter 359, Wisconsin Statutes, shall be used.

B.    If a citation is issued to a child, the issuing agency shall, within seven days, notify the child’s parent or guardian.

C.    The penalties imposed against such child shall be as provided in Chapter 959, Wisconsin Statutes, in lieu of those provided in Chapter 1.12 of this code. Incarceration shall not be imposed as a penalty. (Ord. 2131-08 § 1 (part), 2008)