Chapter 2.35
MUNICIPAL COURT
Sections:
2.35.010 Municipal Court created.
2.35.020 Office of Municipal Judge created.
2.35.030 Electing, term, oath, bond.
2.35.050 Territorial jurisdiction – Appeals.
2.35.080 Collection of monies.
2.35.120 Citations for ordinance violations.
2.35.130 Schedule of deposits.
2.35.010 Municipal Court created.
Pursuant to the provisions of Wis. Stat. § 755.01 and Wis. Stat. Chs. 755 and 800, there is hereby established a Municipal Court for the Town of East Troy, Wisconsin. (2008 code § 1.06(1))
2.35.020 Office of Municipal Judge created.
Pursuant to the provision of Wis. Stat. § 755.01, the office of Judge of the Municipal Court for the Town of East Troy, Wisconsin, is hereby created. (2008 code § 1.06(2))
2.35.030 Electing, term, oath, bond.
The Municipal Judge shall be elected at large at the spring election for a term of two years unless a longer term, not to exceed four years, is provided by ordinance or by-law. The term shall commence on May 1st of the year of the judge’s election and until his successor is elected and qualified. The Judge shall, after his election, take and file with the Clerk of the Circuit Court for Walworth County, the official oath as prescribed in Wis. Stat. § 757.02, and an official bond in such amount as shall be fixed by the Town Board. (Ord. 2009-10 § 1. 2008 code § 1.06(3))
2.35.040 Salary.
The Municipal Judge shall receive such salary as the Town shall establish by resolution at the annual Town meeting, such salary to be in lieu of fees and costs for such Judge. The salary may be increased at the annual Town meeting before the start of the second year of the term of the Judge, but shall not be decreased during a term. Salaries may be paid annually or in equal installments as determined at the annual Town meeting, but no Judge shall be paid a salary for any time during his term when such Judge has not executed and filed his official bond or official oath. (2008 code § 1.06(4))
2.35.050 Territorial jurisdiction – Appeals.
1. The Municipal Judge shall have jurisdiction throughout Walworth County, Wisconsin.
2. Appeals from the Municipal Court for the Town of East Troy shall be to the Circuit Court for Walworth County. (2008 code § 1.06(5))
2.35.060 Jurisdiction.
Subject to the limitations set forth in the Children’s Code, Wis. Stat. Ch. 48, the Municipal Judge has jurisdiction as follows:
1. Exclusive jurisdiction over offenses against ordinances of the Town of East Troy.
2. Such other jurisdiction as provided by law. (2008 code § 1.06(6))
2.35.070 Procedure.
1. The Municipal Court shall be open as determined by order of the Municipal Judge, but not less than one stated evening each month.
2. The Municipal Judge shall keep his office and hold court in the Town Hall of East Troy, Wisconsin, or if no room is available therein, such other place located within the municipality as the Town Board may by resolution designate as a temporary office and court; except that in no case shall a Judge keep his office or hold court in any tavern or in any room in which intoxicating liquors are sold or in any room connecting therewith. The Municipal Judge may issue process or perform ministerial functions at any place in Walworth County.
3. Municipal Judge – Transfer of Case to Another Judge.
a. If a proper and timely affidavit of prejudice/request for substitution of judge is filed, the procedures set forth in Wis. Stat. § 800.05, shall apply to the transfer of the particular case to another judge.
b. In the event of disability, vacancy from office, illness or absence, or if the judge be incompetent, unable or unwilling to act, the procedures set forth in Wis. Stat. § 800.06, shall apply to the transfer of the pending cases to another judge.
4. The procedure in Municipal Court for the Town of East Troy shall be as provided by this chapter and the provisions of state law, including Wis. Stat. Chs. 66, 755 and 800. (2008 code § 1.06(7))
2.35.080 Collection of monies.
The Municipal Judge shall collect all fines, fees, penalty assessments, taxable costs and ordinance violation forfeitures, in any action or proceeding before him and shall report and pay over such monies to the Town Treasurer within seven days after receipt thereof. At the time of payment, the Municipal Judge shall report to the Town Treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty, assessments, and costs, if any. (2008 code § 1.06(8))
2.35.090 Judgment.
The Municipal Judge may punish a violation of an ordinance by ordering payment of a forfeiture and the penalty assessment (Wis. Stat. § 757.05) plus costs of prosecution and by imprisonment in the Walworth County Jail in default of such payment. The Municipal Judge may issue an execution against property for the amount of the forfeiture, costs, and interest as provided for in Wis. Stat. Ch. 815. The Municipal Judge may also enter an award of restitution when authorized by statute in an amount not to exceed $10,000. (Ord. 2021-11 § 1; Ord. 2011-3 § 1; Ord. 2009-10 § 1. 2008 code § 1.06(9))
2.35.095 Blood test fee.
1. Pursuant to Wis. Stat. § 814.65(4m) the Municipal Court shall also impose blood test fees pursuant to the following requirements and limitations:
a. Except as provided in subsection (1)(d) of this section, if a defendant is required to appear in Municipal Court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the Municipal Court shall impose and collect from the defendant any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant’s blood if the court finds that the defendant violated a local ordinance in conformity with Wis. Stat. §§ 23.33(4c), 30.681, 346.63, or 350.101.
b. Except as provided for in subsection (1)(d) of this section, if at the time the court finds the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the defendant’s blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based upon the current charges for this procedure.
c. The court shall distribute the amounts it collects under this subsection to the law enforcement agency that requested the blood withdrawal.
d. The court may not impose on the defendant any cost for an alternative test provided free of charge as described in Wis. Stat. § 343.305(4). (Ord. 2021-8 § 1)
2.35.100 Contempt powers.
1. Jurisdiction. The Municipal Judge may impose a sanction for contempt for court. Contempt of court means intentional:
a. Misconduct in the presence of the court which interferes with a court proceeding or with the administration of justice, or which impairs the respect due the court;
b. Disobedience, resistance or obstruction of the authority, process or order of a court;
c. Refusal as a witness to appear, be sworn or answer a question; or
d. Refusal to produce a record, document or other object.
2. Penalty. The Municipal Judge may impose a forfeiture for contempt not to exceed $50.00, or, upon default in payment of the forfeiture, a jail sentence not to exceed seven days.
3. Hearing. No person shall be punished for contempt before a judge until an opportunity has been given him to be heard in his defense, and for that purpose, the judge may, if the offender is not present, issue his warrant to bring the offender before him. The procedure set forth in Wis. Stat. § 785.03 shall be utilized in the imposition of sanctions for contempt of court. (2008 code § 1.06(10))
2.35.110 Employees.
The Town Board for the Town of East Troy may, by resolution, authorize appointment of Clerk(s) and Deputy Clerk(s) who, in that event, shall be appointed in writing by the Municipal Judge and at such compensation as shall be fixed by the Town Board. The Clerk(s) shall, before entering upon the duties of their offices, take the oath provided by Wis. Stat. § 19.01, and give such bond as the Town Board may require in its resolution. The hiring, termination, hours of employment, and work responsibilities of court personnel, when working during hours assigned to the court, are under the Municipal Court Judge’s authority as provided in Wis. Stat. § 755.10(1). (Ord. 2011-3 § 2. 2008 code § 1.06(11))
2.35.120 Citations for ordinance violations.
The procedure for issuance of municipal citations for ordinance violations shall be as provided by this section and provisions of state law, including Wis. Stat. Chs. 66 and 800. Citations may be issued by the following persons:
1. Town Peace Officers or Town Attorneys as provided by the provisions of state law, including Wis. Stat. Chs. 66 and 800.
2. Such other Town officials as the Town Board shall determine by resolution. Such authorized officials may delegate, with the approval of the Town Board, authority to issue citations to their employees. Such officials and employees may issue citations only with respect to ordinances which are directly related to the official responsibilities of such officials or employees. The Town Board may, by resolution, revoke authority previously given with respect to issuance of citation if deemed necessary. Such citations shall conform to the requirements as set out under state law, including Wis. Stat. §§ 66.0113 and 800.02. (Ord. 2011-3 § 3. 2008 code § 1.06(12))
2.35.130 Schedule of deposits.
The following schedule of cash deposits is established for use with citations issued pursuant to the municipal code of the Town of East Troy:
1. The uniform state schedule for cash bail or deposits for traffic offenses, as revised, amended, and adopted by the State Board of County Judges is adopted pursuant to Wis. Stat. § 345.26(2)(a).
2. The uniform state schedule for cash bail or deposits for boating offenses, as revised, amended and adopted by the State Board of County Judges is adopted pursuant to Wis. Stat. § 23.66(4).
3. The following schedule is established for violations of the specified ordinances:
|
Chapter or Section |
Offense |
Deposit |
|---|---|---|
|
All Sections Therein |
117.00 |
|
|
All Sections Therein |
565.00 |
|
|
All Sections Therein |
72.20 |
|
|
8.15 |
Sale and Discharge of Fireworks |
72.20 |
|
8.20 |
False Alarms |
341.00 |
|
8.25 |
Burning of Refuse or Litter |
117.00 |
|
8.30 |
Littering Prohibited |
117.00 |
|
Discharging and Carrying Firearms |
229.00 |
|
|
Throwing or Shooting of Arrows, Stones and other Missiles |
565.00 |
|
|
Obstructing Streets and Sidewalks |
38.60 |
|
|
Destruction of Property |
285.00 |
|
|
Trespass |
565.00 |
|
|
Theft |
565.00 |
|
|
Receiving Stolen Property (Under $200.00) |
229.00 |
|
|
9.15.010(1) |
Disorderly Conduct (Boisterous Conduct) |
681.00 |
|
9.15.010(2) |
Disorderly Conduct (Provoking or Engaging in Fight) |
565.00 |
|
9.15.010(3) |
Disorderly Conduct (Nuisance Telephone Calls) |
565.00 |
|
Loud and Unnecessary Noise |
49.80 |
|
|
Obedience to Officers (Must Appear) |
565.00 |
|
|
Gambling, Fraudulent Practices Prohibited |
229.00 |
|
|
Prostitution (Must Appear) |
285.00 |
|
|
Indecent Conduct and Language (Must Appear) |
117.00 |
|
|
Obscene Literature |
117.00 |
|
|
Indecent Advertising |
117.00 |
|
|
Off Premises Sale of Liquor |
565.00 |
|
|
9.35 |
Possession of Marijuana and Other Controlled Substance |
565.00 |
|
Parallel Parking |
10.00 |
|
|
10.20.040(1) |
No Parking Sign Violation |
10.00 |
|
10.20.040(2) |
Designated Private Property |
55.00 |
|
10.20.040(3) |
Designated Public Building Entrance |
55.00 |
|
10.20.040(4), (12), (13) |
Parking on Lake Beulah Public Land |
55.00 |
|
Stops at Railroad Crossing |
38.60 |
(2008 code § 1.06(13))