(A) Summary punishment. The Mayor, or a duly appointed Magistrate, of Mayor's Court, at chambers, may summarily punish a person guilty of misbehavior in the presence of or so near the Court, the Mayor or Magistrate, as to obstruct the administration of justice.
(B) Acts of contempt. A person guilty of any of the following acts may be punished for contempt of court.
(1) Failure to appear in Mayor's Court of the village at the time and place on the date noted on a citation issued to such person for violation of an ordinance of the village or the state.
(2) Failure to appear in Mayor's Court of the village at the time and on the date noted on an arrest notice issued to such person subsequent to his or her failure to appear as initially cited.
(3) If given a stay to pay his or her fine, the failure to appear and pay the fine on the stay date, unless the fine has been previously paid.
(4) Conducting himself or herself in such a manner as to violate any of the provisions of the ordinances of the village or state while present in the courtroom or in areas adjacent to the courtroom.
(5) Failure to obey an order of Mayor's Court with respect to the imposition of sentence.
(6) Failure of a person recognized to appear as a witness in court to appear in compliance with the terms of his or her recognizance.
(C) Hearing. In case of the occurrence of any of the acts enumerated in division (B) of this section, a charge in writing shall be filed with the clerk of the court, an entry thereof made upon the journal and an opportunity given to the accused to be heard by himself or herself. This division does not prevent the court from issuing process to bring the accused into court or from holding him or her in custody pending such proceedings.
(D) Right of accused to bail.
(1) In proceedings under division (B) of this section, if the writ is not returnable forthwith, the court may fix the amount of the bond to be given by the accused with surety to the satisfaction of the court. Upon the return of a writ, when it is not convenient to hear the charge without delay, the court shall fix the amount of a bond to be given with surety to the satisfaction of the clerk of the court for the appearance of the accused to answer the charge.
(2) On the execution of such bond, the accused shall be released from custody.
(E) Trial. In all contempt proceedings the court shall conduct a hearing. At the hearing the court shall investigate the charge and hear any answer or testimony which the accused makes or offers and shall determine whether or not the accused is guilty of the contempt charge.
(F) Imprisonment until order obeyed. When the contempt consists of the omission to an act which the accused yet can perform, he or she may be imprisoned until he or she performs it.
(G) Failure of party released on bail to appear. If a party released on bail under division (D) of this section fails to appear in court on the day named, the court may issue another order of arrest or order the bond for his or her appearance to be prosecuted or both. If the bond is prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by reason of the misconduct for which the contempt was prosecuted, plus the costs of the proceeding.
(H) Appeal of judgment. The judgment of the Mayor or Magistrate made in cases of contempt may be reviewed on appeal. Appeal proceedings shall not suspend execution of the judgment until the person in contempt files a bond the court with sureties acceptable to the clerk of such court. A minimum amount fixed by the Magistrate thereof conditioned that if judgment is rendered against such person, he or she will abide by and perform the order of judgment.
(I) Release of a prisoner committed for contempt. When a person is committed to jail for contempt, the Mayor or Magistrate who made the order may discharge him or her from imprisonment when it appears that the public interest will not suffer thereby.
(Ord. 2007-15, passed 5-14-07)