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*TOWN OF SHELBY CODE OF ORDINANCES IS CURRENTLY UNDER REVIEW. CHANGES WILL APPEAR ON THIS PAGE WHEN THE ENTIRE CODE HAS BEEN REVIEWED AND APPROVED.

TOWN OF SHELBY

ORDINANCE NO. 2.01

OPEN BURNING ORDINANCE

Section I. Title/Purpose. This Ordinance is entitled "Open Burning Ordinance." The purpose of this ordinance is as follows:

To promote the safety, health and general

welfare by regulating burning in the

Town of Shelby.

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

Incineration or open burning without a permit in the Town of Shelby is hereby prohibited. A permit to burn in the Town of Shelby may be secured from the Town of Shelby Fire Department. No open burning may take place without a burning permit. The burning permit must be obtained in advance and in writing, specifying the place and conditions of the intended burning.

Nothing in this Ordinance shall limit the responsibility or liability of a person for burning anywhere in the Town of Shelby, or for burning in forest, marsh or field areas as defined, regulated or prohibited by Chapter 26, Wis. Stats., nor serve to effect the liability of persons permitting the fire to escape from their control as further provided in Section 26.14, Wis. Stats.

Section III. Permits. Permits for open burning may be obtained from the Shelby Fire Department for the following purposes:

A General Burning Permit is required for the burning of brush and bonfires. This permit limits open burning to a specific location for a limited time period, and the permit holder is required to call the 911 dispatch center before the fire is started and again when it has been extinguished.

A Fire Ring Permit is required for campfires outside of Goose Island Campground. This permit shall be issued on an annual basis and shall stipulate the location and requirements for burning a campfire as determined by the Shelby Fire Department. A fire ring permit is for fire rings less than two (2) feet in diameter with flames not to exceed four (4) feet in height.

A permit is not required for charcoal or gas grills.

Section IV. Enforcement and Penalties. Any person violating any provision of this Ordinance shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) together with the costs of prosecution and all costs of fire suppression, if applicable. Costs of suppression are Three Hundred Dollars ($300.00) for the first hour or fraction thereof, and Two Hundred Sixty Dollars ($260.00) per hour for every hour after the first, and shall be charged at Ľ hour increments. The Town Board shall from time to time establish the then current cost of suppression to be charged pursuant to this section.

Section V. Severability. The provisions of this Ordinance shall be deemed severable, and it is expressly declared that the Town Board would have passed the provisions of this Ordinance irrespective of whether one or more provisions may be declared invalid. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the application of such provisions to other persons or circumstances shall not be affected.

Section VI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: November 12, 2001

Date published: November 23, 2001

Kathleen S. Kistner, Town Chairman

ATTEST:

Catherine Onsager, Town Clerk

ORDINANCE NO. 2.02

POWERS OF THE FIRE CHIEF AND RECOVERY OF COSTS ASSOCIATED WITH FIREFIGHTING

Section I. Title/Purpose. This Ordinance is entitled "Powers of the Fire Chief and Recovery of Costs Associated with Firefighting." The purpose of this Ordinance is as follows:

To promote the safety, health and general welfare by defining the powers of the fire chief and providing for the recovery of costs associated with firefighting.

Section II. Adoption of Ordinance.

At all fires, the Chief of the Fire Department or his designee shall have full power as a policeman and during the progress of any fire, whenever in his judgment it becomes necessary to check or control the same, he shall have power to order any fence, building or erection of any kind to be cut down and removed. He shall also have the power to tear down any portion of any building that may be standing after a fire, which in his judgment may be dangerous to persons or property, or which has been damaged by the fire to the extent of more that fifty percent (50%) of its value.

The Chief of the Fire Department or his designee shall have the power to call in special equipment and/or services whenever in his judgment it becomes necessary to do so to extinguish or to confine a fire, or to clean up after a fire.

Whenever special equipment and/or services are used to extinguish or confine a fire, or to clean up after a fire, the owner of the premises where such equipment and/or services are used shall be liable to the Town for the actual cost of labor and materials associated with the use of any such specialized equipment and/or services.

Any person, firm, organization or other entity shall be liable to the Town for the actual cost of labor and materials for responding to every second and subsequent false fire alarm at the person, firm or organization’s premises during any given calendar year.

Any person, firm, organization or other entity to whom a fire, accident or 1^st responder call was provided shall be liable to the Town for the actual cost of labor and materials for responding to every vehicle fire, accident or 1^st responder call on a highway.

Any person, firm, organization or other entity liable to the Town of Shelby for actual cost of labor and materials pursuant to Section II.C. and Section II.D. shall make payment within thirty (30) days of receipt of an invoice. Upon the failure of the person, firm, organization or other entity to make payment in full, the Town clerk shall levy and collect a special assessment upon the benefited property.

Section III. Severability. The provisions of the Ordinance shall be deemed severable, and it is expressly declared that the Town Board would have passed the provisions of the Ordinance irrespective of whether one or more provisions may be declared invalid, and if any provisions of the Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section IV. Effective Date. Passed this 12^th day of February 2003, this Ordinance shall take effect upon publication. The provisions of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Kathleen S. Kistner, Town Chairman

ATTEST:

Catherine Onsager, Town Clerk

ORDINANCE 3.10

ORDINANCE PROHIBITING THE FEEDING OF DEER

Section I. Title/Purpose. This Ordinance is entitled "Prohibiting the Feeding of Deer Ordinance." The purpose of this Ordinance is as follows:

To promote the safety, health and general welfare by regulating the

feeding of deer in the Town of Shelby.

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

No person may place or allow any device or any fruit, grain, mineral, plant, salt, vegetable or other material to be placed outdoors on any public or private property for the purpose of feeding or attracting deer.

(a) There is a rebuttal presumption that the placement of fruit, grain, mineral, salt, plant, vegetable or other materials in an aggregate quantity of more than two (2) quarts at a height of less than five (5) feet off the ground is for the purpose of feeding deer.

(b) There is a rebuttal presumption that the placement of fruit, grain, mineral, salt, plant, vegetable or other materials in a aggregate quantity of more than two (2) quarts in a drop feeder, automatic feeder or similar device regardless of the height of the fruit, grain, mineral, salt, plant, vegetable or other material is for the purpose of feeding deer.

(c) Each property owner shall remove any materials placed on the owner’s property in violation of this ordinance. Failure to remove such materials within 24 hours of notice from the Town shall constitute a separate violation of this Ordinance.

(d) Each property owner shall remove any device placed on the owner’s property to which deer are attracted or from which deer actually feed. Alternatively, a property owner may modify such a device or make other changes to the property that prevent deer from having access to or feeding from the device. Failure to remove the device or make necessary modifications within 24 hours of notice from the Town shall constitute a separate violation of this Ordinance.

Exceptions.

(e) Naturally growing materials. This Ordinance does not apply to naturally growing materials, including but not limited to fruit, grain, seeds and vegetables.

(f) Planted materials. This Ordinance does not apply to planted materials growing in gardens or beds, as standing crops or in a wildlife food plot.

(g) Stored crops. This Ordinance does not apply to stored crops provided that the stored crop is not intentionally made available to deer.

(h) Incidental spills. This Ordinance does not apply to spill of seed materials intended for planting or to crop materials that have been harvested, if the spills are incidental to normal agricultural operations and such materials are not intentionally made available to deer.

(i) Agricultural feed bunks. This Ordinance does not apply to feeders used by farmers for domestic livestock.

(j) Authorized by Town Administrator. This Ordinance does not apply to feeding that is authorized by the Administrator on a temporary basis for a specific public purpose.

(k) Baiting. This Ordinance does not apply to bait piles used to attract deer for the purpose of hunting or harvesting as allowed by the State of Wisconsin and regulated by Department of Natural Resources.

Section III. Penalty.

Any person violating any provision of this Ordinance shall be fined not less than One Hundred Dollars ($100) or more than Five Hundred Dollars ($500), together with the costs of prosecution, each day of violation constituting a separate offense; and in default of payment of such fine and costs, shall be imprisoned in the County Jail until the said fine and costs are fully paid, but not to exceed thirty (30) days. This paragraph does not preclude the Town from taking any appropriate action to abate, prevent or remedy a violation of any provision of the section.

Section IV. Effective date.

This Ordinance shall take effect upon passage and publication. The provisions of the Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict herewith.

Passed October 27, 2003

Published October 31, 2003

John C. Storlie, Jr., Town Chairman

ATTEST:

Catherine Brott, Town Clerk

ORDINANCE NO. 5.02

PLANNING COMMISSION ORDINANCE

Section I. Title/Purpose. This Ordinance is entitled "Planning Commission Ordinance." The purpose of this Ordinance is as follows:

To promote safety, health and general welfare by creating a Planning Commission for the Town of Shelby.

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby creates a Planning Commission for the Town of Shelby, which shall consist of up to seven (7) members as follows:

Town Board Supervisors. The Town Chair may appoint no more than two (2) Town Board Supervisors, and, at the discretion of the Chair, may include the Chair who may also be the Presiding Officer or Chair of the Planning Commission. Supervisor appointment shall be for one (1) year terms.

Town Residents. Subject to confirmation by the Town Board, the Town Chair shall appoint at least three (3) non-elected or appointed residents for three (3) year terms.

Term. Appointment shall be in the month of April for terms that expire in April or at any other time if a vacancy occurs in the middle of a term.

Officers. The Planning Commission shall elect a Vice-Chair and Secretary.

Oath of Office. All members shall take the official oath in accordance with Section 19.01, Wis. Stats.

Organization. The Planning Commission shall organize and operate under Roberts Rules of Order, 10^th Edition, unless otherwise provided for in this Ordinance.

Meetings. The meetings shall be held quarterly, and at the call of the Planning Commission Chair or majority of the Planning Commission. All meetings shall be open to the public

Committees. The Chair may appoint standing and/or special subcommittees of the Planning Commission.

Records. Minutes shall be kept showing all actions, resolutions, transactions and recommendations to the Town Board. A copy of all minutes shall be filed with the Town Clerk.

Compensation. Planning Commission members may receive compensation for service on the Planning Commission as determined by the Town Board.

Powers. The Planning Commission shall have such powers as may be necessary to enable it to perform its designated duties, functions and responsibilities. Such powers shall include, but are not limited to:

1. Subject to Town Board approval, the Planning Commission may employ experts, engineers, consultants or staff, and pay for the services and other expenses as may be necessary and proper, not to exceed regulations and appropriations of the Town Board;

2. Make reports and recommendations relating to the provisions and requirements of this Ordinance, the Subdivision Control and Platting of Lands Ordinance, Land Use Plan, and development of the Town, to public officials, agencies and other organizations and citizens;

3. Recommend public improvement plans and financing to the Town Board;

4. Request available information of any public official, applicant, property owner, resident, etc. that may be deemed appropriate and necessary to review the plans and proposals and to carry out the Planning Commission’s duties and responsibilities;

Duties. The Planning Commission shall have all duties granted or assigned by the Town Board or by Ordinance. All duties granted or assigned by statute are granted or assigned to the Planning Commission, and such statutes are adopted by reference herein. The Planning Commission shall also have the following functions and duties:

5. Appear and recommend adoption of comprehensive plans, or elements or components thereof, for the physical development of the Town, and to extend or add to the comprehensive plan in accordance with Wisconsin Statutes;

6. Make and recommend to the Town Board adoption of an official map in accordance with Section 62.23, Wis. Stats.;

7. Prepare and recommend to the Town Board adoption of zoning regulations and amendments thereto;

8. Prepare and recommend to the Town Board adoption of subdivision and land division regulations in accordance with Section 236.45, Wis. Stats.; and

9. Make recommendations to the Town Board regarding any changes to the Land Use Plan, zoning regulations, Subdivision Control and Platting of Lands Ordinance and other related ordinances.

Referrals. The Town Board may refer to the Planning Commission for its consideration and report before final action is taken in the following matters:

10. Proposed or requested changes and amendments to the Town’s comprehensive plan or components thereof, official maps, zoning regulations, subdivision regulations and land division ordinances;

11. Subdivision plats, certified survey maps and condominium plats within the Town or over which the Town has jurisdiction;

12. Annexations, incorporations, detachments or consolidations affecting the Town;

13. Location, acceptance, extension, alterations, vacation, change of use, sale, acquisition or lease of land for any street, alley, public way, playground, parking area or public grounds;

14. Location, extension, abandonment or authorization of a public utility; and

15. Other matters required to be referred to the Planning Commission as provided by Section 62.23, Wis. Stats., and all other matters required to be referred to the Planning Commission by another statute, regulation or ordinance.

Section III. Severability. The provisions of this Ordinance shall be deemed severable, and it is expressly declared that the Town Board would have passed provisions of the Ordinance irrespective of whether one or more provisions may be declared invalid. If any provision of the Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provisions to other persona or circumstances shall not be affected thereby.

Section IV. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Passed on November 3, 2003 Published on ___________________, 2003

John Storlie, Jr., Town Chairman

ATTES

Catherine Brott, Town Clerk

Ordinance 10.01

VOLUNTEER FUNDS ORDINANCE

Section I. Title/Purpose. This Ordinance is entitled "Volunteer Fire Department Funds Ordinance." The purpose of this Ordinance is as follows:

To provide for the deposit, management and disbursement of Fire Department Volunteer Funds.

Section II. Authority. The Town Board of the Town of Shelby has adopted this Ordinance pursuant to Section 66.0608 Wis. Stats.

A. Definitions. In this Ordinance, the following terms appearing in initial uppercase letters have the following assigned meaning:

"Fire Volunteer Funds" means municipal funds that are raised by employees of the municipality’s fire department or by volunteers for the benefit of the fire department.

"Public Depository" has the meaning given in Section 34.01(5) Wis. Stats.

B. Introduction. It is the intent of this Ordinance to create two (2) funds to be accounted for and administered by the Shelby Town Board according to the conditions stated in this Ordinance.

1. Fund A. This fund shall be a checking account and shall be used for the initial deposit of all Fire Volunteer Funds.

2. Fund B. This fund shall be a savings account and shall be used for volunteer firefighter retirement benefits, fire equipment, training and other fire protection/prevention uses deemed appropriate by the Town Board.

3. All Fire Volunteer Funds shall remain the property of the Town of Shelby and shall be managed, invested and distributed as provided by this Ordinance

4. All funds subject to this Ordinance shall be maintained in a Public Depository.

5. All donations and grants issued to the Fire Department shall be deposited with the Town Treasurer and are not covered by this Ordinance.

Fund A – Fire Department Social Fund.

The Shelby Fire Department social group shall open a checking account (Fund A) to be used as the initial depository of all Fire Volunteer Funds. Fund A may be utilized by the social group for the following purposes and under the following parameters:

1. Funding social expenditures of the social group.

2. Funding Fund B

3. Other purposes deemed appropriate and beneficial to the Fire Department by the Town Board.

4. The balance in Fund A shall not exceed $3500, except when fundraisers are being conducted. The $3500 cap is deemed a reasonable annual amount to fund Fire Department social activities, but is subject to adjustment by the Town Board.

5. Amounts over $3500 shall be deposited in Fund B within 45 days of the completion of a fundraiser.

6. If additional funds raisers are held throughout the year and the $3500 cap has been reached, all profits from said additional fundraisers shall be deposited in Fund B within 45 days of the completion of the fundraisers.

7. All withdrawals from Fund A shall need the signatures of two (2) officers of the Fire Department social group.

8. All deposits and withdrawals from Fund A for social expenditures shall be in accordance with the procedures and regulations of the Shelby Fire Department social by-laws and this Ordinance. Monthly accounting to the members of the Shelby Fire Department shall also be in accordance with the procedures and regulation of the social by-laws.

9. The social group is to provide the Town Treasurer with a copy of the monthly bank statement for Fund A and a semiannual accounting report of Fund A to the Town Board. These reports shall cover January 1-June 30 and July 1-December 31 of each year, shall be submitted within 30 days of the end of the report period and shall show budgeted amounts and actual expenditures for the time period being reported.

Fund B – Fire Department Purposes.

1. The Town Treasurer shall open a savings account (Fund B) into which all funds from Fund A over $3500 shall be deposited. Fund B may be utilized for the following purposes and under the following parameters:

2. Funding the social group’s portion of the Volunteer Firefighter Retirement Program.

3. Purchase of materials and equipment for the Fire Department.

4. Training for firefighters and first responders.

5. Other firefighting/fire protection purposes deemed appropriate and beneficial by the Town Board.

6. Recommendations from the Fire Department for use of Fund B monies is welcomed and encouraged, however all expenditures from Fund B shall be approved by the Town Board and are at the Town Board’s sole discretion.

7. The Town Treasurer shall provide a quarterly report of the activities in Fund B to the Town Board and the social club within 30 days of the end of each quarter.

Section III. Effective Date. This Ordinance shall take effect on ________________, 2002. The provisions in this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Kathleen S. Kistner, Town Chairman

ATTEST:

Catherine Brott, Clerk

ORDINANCE NO. 11.01

JOINT MUNICIPAL COURT

Section I. Title/Purpose. This Ordinance is entitled "Joint Municipal Court". The purpose of this Ordinance is as follows:

To promote safety, health and general welfare by creating a Joint Municipal Court for the Town of Shelby.

Section II. Adoption of Ordinance.

Joint Municipal Court. Pursuant to Chapter 755, Wis. Stats., there is hereby created and established a municipal court designated Joint Municipal Court for the City of Onalaska, the Town of Campbell, the Town of Shelby, the Village of Bangor, the Village of Holmen, the Village of Rockland, and the Village of West Salem, (hereafter "Joint Municipal Court".)

Municipal Court Committee. There is hereby created a Municipal Court Committee. The Municipal Court Committee shall be comprised of one (1) representative of each member municipality who shall be appointed by the Mayor, President or Chair of the member municipality, subject to confirmation by the respective governing body, and in addition, one (1) member who shall be a Police Chief of a member municipality. The initial member Chief shall be the Chief of Police of Onalaska. The Chief’s position shall be replaced on a yearly basis by means of rotation among the Chiefs. Chiefs will rotate as follows: Onalaska, Campbell, Shelby, Bangor, Holmen and West Salem. In order to assure participation and continuity of representation, each member municipality may appoint an alternate representative who shall act on committee matters in the absence of the representative. The term for each municipal member representative, other than Chief, shall be for two (2) years. Provided, however, that in order to insure some continuity on the Municipal Court Committee, the initial term for the representative from the City of Onalaska, the Town of Campbell, and the Village of Bangor shall be for a term of one (1) year. Thereafter, the term for the representative from the City of Onalaska, the Town of Campbell, and the Village of Bangor shall be for a term of two (2) years.

Creation and Qualification of the Position of Municipal Judge. Pursuant to Chapter 755, Wis. Stats., the office of Municipal Judge is hereby created. Eligibility for the office of Municipal Judge shall be as follows: To be eligible for the office of Municipal Judge a person must be a qualified elector in the City of Onalaska, the Town of Campbell, the Town of Shelby, the Village of Bangor, the Village of Holmen, the Village of Rockland or the Village of West Salem.

Election and Term of Municipal Judge. Until the term of the current City of Onalaska Municipal Judge expires in 2004, said judge shall serve as the judge of the Joint Municipal Court. Thereafter, the position of the Municipal Judge shall be by election. The Municipal Judge shall be elected at large, commencing in 2004 at the Spring Election, for a four (4) year term commencing on May 1^st succeeding his or her election. Electors of the City of Onalaska, the Town of Campbell, the Town of Shelby, the Village of Bangor, the Village of Holmen, the Village of Rockland, and the Village of West Salem shall be eligible to vote for the Municipal Judge of the Joint Municipal Court.

Creation of the Position of Clerk of the Municipal Court. Pursuant to Chapter 755, Wis. Stats., the office of the Clerk of the Joint Municipal Court is hereby created. Said clerk shall take the position upon hire by the City of Onalaska after consideration of any recommendation from the Municipal Court Committee and written appointment by the Municipal Judge. Training and compensation of said clerk shall be as determined by the City of Onalaska after consideration of any recommendation by the Municipal Court Committee.

Duties of the Municipal Court Clerk. The clerk shall:

1. File and review citations and complaints, assuring their correctness;

2. Reply to departmental mail concerning routine matters as prescribed by the Municipal Judge;

3. Assign docket numbers to citations and complaint, type to docket;

4. Determine and schedule court dates and facilities subject to Section II.K(1) of this Ordinance;

5. Arrange for juvenile cases to be heard away from regular court;

6. Communicate with law officers, attorneys and defendants regarding court proceedings;

7. Balance dockets at the conclusion of court proceedings;

8. Prepare and mail warrants and summons;

9. Prepare monthly report of financial activities;

10. Assist in the collection of traffic bonds;

11. Prepare necessary communications for jury trials and transfers to circuit court; and

12. Perform such other duties as may be required by the Municipal Judge and Municipal Court Committee.

Salary of Municipal Judge. The Municipal Judge shall receive a fixed salary and municipal judge’s training pursuant to Section 55.18, Wis. Stats., the salary to be determined by the City of Onalaska after consideration of the recommendation of the Municipal Court Committee, subject to Sec. 755.04, Wis. Stats., which shall be in lieu of fees and costs. The salary may be increased for a new term prior to the beginning of the term of the judge or for the second year of the term of the judge, but shall not be decreased during the term of the judge. The salary shall be paid in monthly installments. No salary shall be paid to the Municipal Judge for any time during his or her term for which he or she has not executed and filed the official bond and oath as required by Section II.H. of this Ordinance.

Oath and Bond of Municipal Judge. The Municipal Judge shall, after election to fill a vacancy, take and file the official oath as prescribed in Section 755.03, Wis. Stats., with the Clerk of Circuit Court for La Crosse County, and at the same time shall execute and file an official bond in the amount determined by the governing bodies of the member municipalities.

Bond and Oath of Municipal Court Clerk. The Municipal Court Clerk shall, before entering upon the duties of the office, take and file the official oath as prescribed in Section 19.01, Wis. Stats., with the City Clerk of the City of Onalaska and at the same time, shall execute and file an official bond in the amount determined by the governing bodies of the member municipalities. The City of Onalaska Clerk shall provide file copies to the other municipal members.

Jurisdiction of Municipal Judge. The municipal judge shall have jurisdiction as provided by the Statutes and Laws of the State of Wisconsin and pursuant to Section 755.045, Wis. Stats.

Procedures of the Joint Municipal Court.

1. The Joint Municipal Court’s location shall be in the City of Onalaska City Hall. The time(s) of the municipal court shall be determined by the Municipal Judge and the Municipal Court Committee.

2. The procedure for the Joint Municipal Court shall be as provided in this Section and the laws of the State of Wisconsin, including, but not by way of limitation, Chapters 60, 61, 62, 66, 755 and 800 of the Wis. Stats. The jurisdiction of the Municipal Judge is limited to misdemeanors. These include traffic offenses and municipal ordinance violations. The Joint Municipal Court is authorized to impose forfeitures, court costs, state penalty assessments and miscellaneous fees related to the cost of prosecution. The Municipal Judge shall have jurisdiction as is provided in Section 755.045, Wis. Stats.

3. If the Municipal Judge is temporarily absent, sick or disabled, the provisions of Section 800.06(1), Wis. Stats., shall apply, and if the Municipal Judge becomes incompetent, unable to or fails to act, or in the event of a vacancy, the provisions of Section 800.06(2), Wis. Stats., shall apply. Any substitute Municipal Judge designated or assigned hereunder shall be compensated as authorized by the Municipal Court Committee. The Municipal Judge shall satisfy all continuing education requirements for municipal judges.

4. Upon the proper and timely written request for substitution of the Municipal Judge, the provisions of Section 800.05 Wis. Stats., shall apply.

5. The procedures of the Joint Municipal Court shall be in accord with the applicable Wisconsin Statutes, this Ordinance and the Joint Municipal Court Agreement entered into between the member municipalities. The Joint Municipal Court shall abide by the Wisconsin Rules of Evidence and shall abide by the Uniform State Traffic Deposit Schedule. In non-traffic matters, each municipal member shall draft a bond schedule, which shall become effective upon approval by the municipal member’s governing body. No bond shall exceed the maximum penalty that could be imposed for the ordinance violation.

6. The municipal attorney for each member municipality shall serve as the prosecutor for that member municipality’s cases in Joint Municipal Court.

Fees and Costs.

1. Bonds for appearance, partial payments and other funds collected by the Joint Municipal Court shall be treated as escrow funds and deposited with the Municipal Court Clerk.

2. The Clerk of the Municipal Court shall collect all forfeitures and costs in any actions or proceedings and deposit the same in the account established for such purpose not later than the seventh (7^th) business day succeeding receipt thereof. At the time of payment, said Clerk shall report to the City of Onalaska Financial Services Director the title of the action, the offense for which the forfeiture was imposed, and the total amount of the forfeiture, fees, penalty assessments and costs, if any. Said Financial Services Director shall disburse the forfeitures to the appropriate municipal member, disburse the fees as provided in Section 814.65, Wis. Stats., and disburse any penalty assessments pursuant to Section 66.0114(1)(bm), Wis. Stats.

3. Pursuant to Section 814.65(1), Wis. Stats., the Municipal Judge shall collect a fee of Twenty Three Dollars ($23.00) on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons or the action is tried as a contested matter.

4. The Clerk of the Joint Municipal Court shall provide a monthly accounting to each member municipality of the amounts collected and disbursed for each member municipality.

Withdrawal from Joint Municipal Court. Any member municipality may withdraw from this Agreement by giving notice in writing to the Municipal Court Committee no later than September 30^th of any year. Upon giving such notice, the member municipality’s participation in the Joint Municipal Court shall terminate on December 31^st of said year.

Statutes Adopted by Reference. Chapters 755 and 800, Wis. Stats., are hereby adopted by reference.

Contempt of Court.

1. The Municipal Judge may punish for contempt of the Joint Municipal Court persons guilty of any of the following acts. Contempt of court means intentional:

a. Misconduct in the presence of the court which interferes with the court proceedings 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 the court (including refusal to pay a court-imposed forfeiture);

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. The Municipal Judge may, upon finding any person guilty of contempt of court, order such person to forfeit not more than Fifty Dollars ($50.00). In default of payment of the forfeiture and the penalty assessment imposed by state statute, the person found guilty may be imprisoned in the county jail not to exceed seven (7) days.

Section III. Inconsistent Ordinances Repealed. All Ordinances or parts of Ordinances of the Town of Shelby that contravene or are inconsistent with the provisions of this Ordinance are hereby repealed.

Section IV. Joint Municipal Court Agreement. All member municipalities shall enter into a mutually acceptable agreement for the operation of the Joint Municipal Court.

Section V. Effective Date. This Ordinance shall take effect and be in full force and effect on January 1, 2004 if passed by all municipalities.

Passed on November 3, 2003 Published on _________________. 2003

John Storlie, Jr., Town Chairman

ATTEST

Catherine Brott, Town Clerk