800.05 Substitution of municipal judge.
800.06 Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial.
800.065 Temporary reserve judges; service.
800.07 Discovery in municipal court.
800.08 Procedure at trial.
800.09 Judgment; failure to appear; plea of guilty.
800.095 Nonpayment of judgment or noncompliance with work order; further proceedings.
800.10 Fees and costs in municipal court.
800.11 Municipal court record and transcript entries.
800.115 Relief from judgment.
800.12 Municipal court contempt procedure.
800.13 Recording in municipal court.
800.14 Appeal from municipal court decision.
800.001
800.001
Definition. In this chapter, "general statutory counterpart ordinance" means an ordinance which prohibits conduct which is the same as or similar to conduct prohibited by state statute, but does not include an ordinance enacted by a local authority in accordance with
s. 30.77 or
349.06.
800.001 History
History: 1987 a. 389.
800.01
800.01
Commencement of action. 800.01(1)
(1) In municipal court, personal jurisdiction in municipal ordinance violation cases and cases involving a violation of a resolution or bylaw if the resolution or bylaw is authorized by statute is obtained over a defendant when the defendant:
800.01(1)(a)
(a) Is served with a summons and complaint or citation and such documents are filed with or transmitted to the court;
800.01(1)(b)
(b) Is arrested and brought before the court personally, or in the municipal court of a 1st class city, personally or through interactive video and audio transmission conducted in accordance with the rules of the 1st judicial administrative district; or
800.01(1)(c)
(c) Voluntarily appears before a municipal judge.
800.01(2)(b)
(b) If a summons or citation is personally served, the law enforcement officer or municipal employe serving the summons or citation shall sign a statement of personal service on the summons or citation. The signature required under this paragraph does not apply to a traffic citation issued under
s. 345.11.
800.01(3)
(3) If the action is commenced by a citation under
s. 800.02 (2) (a), a deposit may be taken from the defendant. The defendant may be released on his or her own recognizance. A nonresident defendant who does not make a deposit may be detained in jail to be brought before the court at the earliest opportunity.
800.01 Note
Judicial Council Committee's Note, 1977: This section sets out the 3 methods in which personal jurisdiction is obtained over a defendant in municipal ordinance violation cases. Personal jurisdiction can be achieved in no other way. The method of service under sub. (1) is made identical with the method for serving a summons in a criminal proceeding under ch. 968. [Bill 1240-A]
800.02
800.02
Form of citation, complaint, summons and warrant in municipal ordinance violation cases. 800.02(1)(1)
Action. An action in municipal court for violation of a municipal ordinance, or violation of a resolution or bylaw if the resolution or bylaw is authorized by statute, is a civil action and the forfeiture or penalty imposed by any ordinance of the municipality may be collected in an action in the name of the municipality.
800.02(2)(a)(a) The citation shall be signed by a peace officer or endorsed by a municipal attorney or, if applicable, signed by a conservation warden. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employes. Authority delegated to an official or employe may be revoked only in the same manner by which it is conferred. The citation shall contain substantially the following information:
800.02(2)(a)1.
1. The name, address and date of birth of the defendant.
800.02(2)(a)3.
3. The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the ordinance, resolution or bylaw violated and a designation of the violation in language which can be readily understood.
800.02(2)(a)4.
4. A date, time and place for the court appearance, and a notice to appear.
800.02(2)(a)5.
5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.
800.02(2)(a)6.
6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
800.02(2)(a)7.
7. Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.
800.02(2)(a)8.
8. Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment plus costs, including the fee prescribed in
s. 814.65 (1), not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.
800.02(2)(a)8m.
8m. Notice that if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the defendant, the court may summon the defendant into court to determine if restitution shall be ordered under
s. 800.093.
800.02(2)(a)9.
9. Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or a warrant for the defendant's arrest or may enter a default judgment against the defendant.
800.02(2)(am)
(am) In 1st class cities, all of the written information required under
par. (a), except the information under
par. (a) 1. to
4. and
10., shall be printed in Spanish on a separate sheet attached to the citation or provided in Spanish on the citation.
800.02(2)(b)
(b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in
s. 345.11 shall be used in lieu of the citation form specified in
par. (a). In actions for violations of local ordinances enacted in accordance with
s. 23.33 (11) (am) or
30.77, the citation form specified in
s. 23.54 shall be used in lieu of the citation form specified in
par. (a).
800.02(3)(a)(a) The complaint shall be signed by a complainant and shall contain substantially the following information:
800.02(3)(a)1.
1. The name, address and date of birth of the defendant.
800.02(3)(a)2.
2. The department permit or license number of the defendant, if applicable.
800.02(3)(a)4.
4. The title of the cause, specifying the name of the court and county in which the action is brought and the names and addresses of the parties to the action.
800.02(3)(a)5.
5. A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the ordinance, resolution or bylaw upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, the penalty assessment, the jail assessment, any applicable domestic abuse assessment and such other relief that is sought by the plaintiff.
800.02(3)(a)6.
6. Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.
800.02(3)(a)7.
7. In an action by or against a
ch. 180 or
181 corporation, the complaint must state the corporate existence and whether the corporation is a domestic or foreign corporation.
800.02(3)(a)8.
8. In an action by or against a
ch. 183 limited liability company, the complaint must state the company existence and whether the limited liability company is a domestic or foreign limited liability company.
800.02(3)(b)
(b) In 1st class cities, all of the written information required under
par. (a) 6. shall be printed in Spanish on a separate sheet attached to the complaint or provided in Spanish on the complaint.
800.02(4)(a)(a) The summons shall be signed by a municipal judge and shall contain the following information:
800.02(4)(a)1.
1. The title of the cause, specifying the name of the court and county in which the action is brought and the names of all parties to the action.
800.02(4)(a)2.
2. A direction summoning and requiring the defendant to appear in a specified court on a particular date not less than 10 days following service of the summons to answer the accompanying citation or complaint.
800.02(4)(a)3.
3. A notice that in case of failure to appear, judgment may be rendered against the defendant according to the demand of the citation or complaint, or the court may issue a warrant for the defendant's arrest.
800.02(4)(b)
(b) In 1st class cities, all of the written information required under
par. (a) shall be printed in Spanish on a separate sheet attached to the summons or provided in Spanish on the summons.
800.02(5)
(5) Warrant form. The warrant shall be in the name of the state of Wisconsin, shall be directed to all law enforcement officers in the state, may be addressed to any law enforcement officer in the state, may specify geographical limits for enforcement of the warrant, and shall be signed by the municipal judge who authorizes its issuance or contain a computer-generated facsimile of the judge's signature. A municipal judge may authorize the issuance of a warrant under this chapter by using a computer or other electronic media. The municipal judge shall make the authorization so that it is accessible to the attorney for the municipality and law enforcement officers. A law enforcement officer shall convert the municipal judge's authorization to a paper copy of the warrant before serving the warrant. The warrant shall contain or have attached to it the following information:
800.02(5)(d)
(d) A finding of probable cause that the defendant committed the offense.
800.02(5)(e)
(e) A command to arrest the defendant and bring him or her before the municipal judge or other municipal judge or judge of the county.
800.02(6)
(6) Authority to arrest without a warrant. A person may be arrested without a warrant for the violation of a municipal ordinance if the arresting officer has reasonable grounds to believe that the person is violating or has violated the ordinance.
800.02 Note
Judicial Council Committee's Note, 1977: This section sets out the information to be included in the citations, complaints, summonses and warrants used in municipal ordinance violation cases. All the data required for a particular form must be included, although additional information may be included if felt advisable by the person prosecuting a particular ordinance violation.
800.02 Annotation
It is felt that the minimum information required on a citation, complaint, summons or warrant meets any due process requirements of giving a particular defendant sufficient information of the facts and circumstances of the ordinance violation for which he or she is charged. [Bill 1240-A]
800.025
800.025
Amended citation and complaint. A citation or complaint under
s. 800.02 may be amended once as a matter of course prior to the initial appearance of the defendant. Otherwise, the citation or complaint may be amended only by leave of the court or by written consent of the defendant.
800.025 History
History: 1981 c. 225.
800.03
800.03
Plea of no contest prior to initial appearance. 800.03(1)(1) If a person is issued a citation in a case specified in
s. 800.02 (1), the person may make a plea of no contest and deposit as follows:
800.03(1)(c)
(c) In other violations, the person may make such a plea and deposit only if the governing body of the municipality has approved the deposit schedule under
sub. (3). The person may make the plea of no contest and deposit to the municipal court at any time prior to the initial appearance.
800.03(2)
(2) The person who has made a plea and deposit under
sub. (1) may appear in court. In such case, the court shall allow the person to withdraw his or her plea of no contest. The person need not appear in court.
800.03(3)
(3) The amount of the deposit shall be set by the municipal judge, but shall not be effective until approved by the governing body of the municipality. The amount shall not exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under
s. 165.87, any jail assessment that would be applicable under
s. 302.46 (1) and any domestic abuse assessment that would be applicable under
s. 973.055 (1), plus court costs, including the fee prescribed in
s. 814.65 (1).
800.03(4)
(4) Notwithstanding
sub. (1), a court appearance is required for a violation of a local ordinance in conformity with
s. 346.63 (1). If a person fails to make a required appearance under this subsection and the judge issues an arrest warrant, the law enforcement agency which filed or transmitted the uniform traffic citation shall file a detailed description of the warrant with the department of justice.
800.03(5)
(5) Notwithstanding
sub. (1), a court appearance may be required if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator.
800.04
800.04
Initial appearance; stipulation of guilt; deposit. 800.04(1)(a)(a) When a defendant appears or is brought before a municipal court, the municipal judge shall read the charge as stated in the warrant, complaint or citation to the defendant and shall explain the range of penalties which may be imposed.
