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(A) A Municipal Court shall be and hereby is created and established as a “qualified municipal court of record” pursuant to the provisions of state statutes. In all operations of the Municipal Court, a verbatim record of the proceedings and evidence at trial shall be kept by either electronic devices or stenographic means. The Municipal Court is created to hear and try all alleged violations of the town code and ordinance provisions.
(B) The Municipal Court shall be presided over by a Municipal Judge, who shall be appointed by the town’s Board of Trustees for a specified term of not less than two years at the first regular meeting following an election or at such time a vacancy may exist and who may be reappointed for a subsequent term; except that, the initial appointment under this section may be for a term of office which expires on the date of the next election of the Board of Trustees. Any vacancy in the office of Municipal Judge shall be filled by appointment of the Board of Trustees for the remainder of the unexpired term. The Municipal Judge shall be duly qualified and admitted to, and currently licensed in, the practice of law in the state.
(C) A Municipal Judge may be removed during his or her term of office only for cause. A Judge may be removed for cause if:
(1) He or she is found guilty of a felony or any other crime involving moral turpitude;
(2) He or she has a disability which interferes with the performance of his or her duties and which is or is likely to become of a permanent character;
(3) He or she has willfully or persistently failed to perform his or her duties;
(4) He or she is habitually intemperate; and
(5) The town required the judge to live within the town boundaries prior to appointment and the Judge has since moved beyond those town boundaries.
(Prior Code, § 141.1) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)
(A) The position of Clerk of the Municipal Court is hereby established by the Town Board, said Clerk to be appointed by the presiding Municipal Judge. However, if the town’s Board of Trustees determines that the business of the Municipal Court is insufficient to warrant a separate full-time or part-time Clerk, the Town Board may designate the Municipal Judge to serve as ex officio Clerk.
(B) The Clerk of the Municipal Court shall have such duties as are delegated to him or her by law, court rule or the presiding Municipal Judge.
(Prior Code, § 141.3) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)
(A) (1) The Clerk of the Municipal Court shall be covered by a bond such bond to be approved by the Board of Trustees and to be conditioned upon the faithful performance of the Clerk’s duties, and for the faithful accounting for, and payment of, all funds deposited with or received by the Court.
(2) The Board of Trustees may waive the requirement for the bond by resolution.
(B) Before entering upon the duties of his or her office, the municipal judge shall take and subscribe and file with the Clerk of the town, an oath or affirmation that he or she will support the Constitution of the United States and of the state and the charter and codes and ordinances of the town and will faithfully perform the duties of the office.
(Prior Code, § 141.4) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)
The Municipal Judge shall have all judicial powers relating to the operation of his or her court, subject to any rules of procedure governing the operation and conduct of municipal courts promulgated by the state’s Supreme Court. The Municipal Judge also has authority to issue local rules of procedure consistent with any rules of procedure adopted by the state’s Supreme Court.
(Prior Code, § 141.5) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)
(A) Any action or summons brought in the Municipal Court to recover any fine or enforce any penalty or forfeiture under any town ordinance or the town code shall be filed in the corporate name of the town by and on behalf of the people of the state.
(B) Any process issued from the Municipal Court runs in the corporate name of the town by and on behalf of the people of the state. Processes from the Municipal Court shall be executed by any authorized law enforcement officer from the town.
(C) Any authorized law enforcement officer may execute within his or her jurisdiction any summons, process, writ or warrant issued by the Municipal Court. For the purposes of this section, traffic offenses shall not be considered criminal or quasi-criminal offenses.
(D) The Clerk of the Municipal Court shall issue a subpoena for the appearance of any witness in Municipal Court upon the request of either the town or the defendant. The subpoena may be served upon any person within the jurisdiction of the Court in the manner prescribed by the rules of procedure applicable to municipal courts. Any person subpoenaed to appear as a witness in Municipal Court shall be paid a witness fee in the amount of $5.
(E) Upon the request of the Municipal Court, the town or the defendant, the Clerk of the Municipal Court shall issue a subpoena for the appearance, at any and all stages of the Court’s proceedings, of the parent, guardian or lawful custodian of any child under 18 years of age who is charged with a municipal offense.
(Prior Code, § 141.6) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)
(A) Any person convicted of violating a municipal code and/or ordinance may be fined an amount not to exceed $500 per occurrence. In that the town has decriminalized those traffic offenses as set forth in Chapter 70 of this code of ordinances, any person charged with violating the code or any ordinance therein shall not be entitled to a trial by jury, but shall be entitled to the following rights:
(1) To appear and defend in person and by counsel;
(2) To demand the nature and cause of the accusation;
(3) To meet the witnesses against him or her face to face;
(4) To have process to compel the attendance of witnesses in his or her behalf;
(5) A speedy public trial to the Municipal Judge; and
(6) No person shall be compelled to testify against himself or herself, nor shall any person be twice put in jeopardy for the same offense.
(B) (1) Sentencing or fines under Model Traffic Code and/or Chapter 70 of this code of ordinances. In sentencing or fining a violator who has been convicted of committing a traffic offense as defined by the Model Traffic Code as adopted by the town or Chapter 70 of this code of ordinances, the fine shall be the same as and shall not exceed such fine as imposed by the state, effective 10-1-2008, for similar traffic offenses or infractions committed on a state highway or road. A schedule of fines shall be posted in the vicinity of where the violator is to pay his or her fine setting forth the maximum fine for each offense. This provision does not impede the Municipal Court Judge’s discretion as to the suspension of fines for circumstances deemed relevant by the Judge. Further, any change or amendment of the state fines for traffic offenses, as such schedule exists on 10-1-2008, shall not result in a similar change in the fines imposed by the town’s Municipal Court without a corresponding resolution, code or ordinance approved by the Board.
(2) Sentencing or fines under other code violations. In sentencing or fining a violator who has been convicted of committing any offense not addressed in division (B)(1) above, the Municipal Judge shall not exceed the sentence or fine limitations established by code. The Municipal Judge may suspend the sentence or fine of any violator and place him or her on probation for a period not to exceed one year.
(C) The Municipal Judge is empowered in his or her discretion to assess costs against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. The Municipal Judge shall, in all such cases, assess costs of no less than $100.
(D) All fines and costs collected or received by the Municipal Court shall be reported and paid monthly to the Treasurer of the town and deposited in the General Fund of the town.
(Prior Code, § 141.7) (Ord. 375, passed 3-3-1994; Ord. 525, passed 10-2-2008; Ord. 577, passed 11-6-2014)
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