Municipal Code of the Village of Mukwonago

Waukesha and Walworth Counties

 

Chapter 26

 

COURT*

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*             Cross References: Deposit for forfeiture in lieu of court appearance, § 1-13; municipal judge to be elected, § 2-77; mandatory penalty for certain violations of tobacco control ordinance, § 22-61; law enforcement, ch. 46; offenses and miscellaneous provisions, ch. 54; traffic and vehicles, ch. 82.

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Article I. In General

    Sec. 26-1. Creation of municipal court.

    Sec. 26-2. Procedure of court.

    Secs. 26-3--26-25. Reserved.

 

 

Article II. Municipal Judge

    Sec. 26-26. Office created.

    Sec. 26-27. Election; term.

    Sec. 26-28. Salary.

    Sec. 26-29. Bond; oath.

    Sec. 26-30. Jurisdiction.

 

 

  ARTICLE I.

 

IN GENERAL

 

Sec. 26-1. Creation of municipal court.

 

Pursuant to the authority granted by W.S.A., § 755.01, as created by W.S.A., ch. 755, there is hereby established the municipal court for the village.

(Code 1966, § 2.14(1); Ord. No. 516, § 1, 11-3-92)

 

Sec. 26-2. Procedure of court.

 

            (a)        The village municipal court shall be open as determined by the order of the municipal judge.

 

            (b)        The municipal judge shall keep his office and hold court in the Village Hall, 625 South Rochester Street, Mukwonago, Wisconsin.

 

            (c)        The procedure in the village municipal court shall be as provided by this section and state law including, but not excluding because of enumeration, W.S.A., chs. 66, 755, 800, 814 and 960.

 

            (d)        The municipal judge shall collect all fines and taxable costs in any action or proceeding before him and shall pay over such moneys to the village treasurer not later than the second business day succeeding his receipt thereof. At such time the municipal judge shall also pay over to the village clerk all forfeitures collected by him in actions for violation of municipal ordinances. The municipal judge shall pay over to the county treasurer all fines received by him prior to commitment in criminal actions or proceedings, in accordance with W.S.A., § 814.65.

 

            (e)        The municipal judge may punish for contempt, as provided in W.S.A., § 800.12, and may impose a forfeiture therefor not to exceed $50.00 or upon nonpayment of the forfeiture, penalty assessment under W.S.A., § 165.87, and jail assessment under W.S.A., § 302.46, a jail sentence not to exceed seven days.

 

            (f)         The municipal court procedure shall be as set forth in W.S.A., ch. 755, such chapter 755 being incorporated in this article by reference as if set forth in this section at length.

(Code 1966, § 2.14(7); Ord. No. 516, § 1, 11-3-92)

                State Law References: Municipal courts generally, W.S.A., ch. 755 et seq.

 

Secs. 26-3--26-25. Reserved.

 

  ARTICLE II.

 

MUNICIPAL JUDGE

 

Sec. 26-26. Office created.

 

Pursuant to the authority granted by W.S.A., § 755.01, there is hereby created the office of judge of the municipal court for the village.

(Code 1966, § 2.14(2); Ord. No. 516, § 1, 11-3-92)

                Cross References: Officers and employees, § 2-26 et seq.

 

Sec. 26-27. Election; term.

 

The municipal judge shall be elected at large at the spring election commencing with the April 1968 election for a term of two years, commencing on May 1 following his election.

(Code 1966, § 2.14(3); Ord. No. 516, § 1, 11-3-92)

 

Sec. 26-28. Salary.

 

The municipal judge shall receive such salary as determined from time to time by the village board in lieu of fees and costs. Such salary shall not be decreased during the term of office. No salary shall be paid to the municipal judge for any time during his term for which he has not executed and filed his official bond and oath required by section 26-29.

(Code 1966, § 2.14(4); Ord. No. 516, § 1, 11-3-92)

 

Sec. 26-29. Bond; oath.

 

The municipal judge shall execute and file with the clerk of the county circuit court the oath prescribed by W.S.A., § 755.03 and a bond in the penal sum of $500.00.

(Code 1966, § 2.14(5); Ord. No. 516, § 1, 11-3-92)

 

Sec. 26-30. Jurisdiction.

 

The municipal judge shall have such jurisdiction as provided by law and W.S.A., ch. 800 and exclusive jurisdiction of violations of village ordinances.

(Code 1966, § 2.14(6); Ord. No. 516, § 1, 11-3-92)