Subject to any contrary rules or orders of the court of jurisdiction, if any penal violation complaint comes to trial, the municipal corporation may appear and be represented by the Municipal Prosecutor, by another attorney employed as legal counsel by the responsible enforcement authority or by the enforcement officer who issued the citation. However, if the accused is convicted, the municipal corporation shall be entitled to collect its lawful portion of the Municipal Prosecutor's fee whether or not the Municipal Prosecutor actually makes a personal appearance at the trial. Also subject to any contrary rules or orders of the court, the accused may appear to answer the complaint in person, by attorney, by a personal representative described under § 33.20(B) or (C) or may make a written appearance. Any such form of appearance fulfills any promise to appear which the accused or a representative may have signed and releases any security deposit which he or she may have been required to make under the provisions of § 33.24 or § 33.25. However, if the accused fails to make any such appearance, the court shall have action against any security deposit which the accused may have been required to make under § 33.24 or § 33.25. In the case of a security deposit made under § 33.24 and held by the Clerk of the municipal corporation, the court shall first apply the discharge of the security toward the penal fine awarded in the judgment to the municipal corporation. The remaining amount of the deposit, if any, may be applied to and distributed among the other applicable costs at the court's discretion. The discharge of the security deposit as provided above does not relieve the accused of liability for any further amounts of costs and judgments not covered by the liquidation of the security deposit. In the case of any cash or cashable security deposit described under § 33.25, the amount of the deposit will ordinarily be adequate to cover all applicable fines and costs and shall be dispersed by the court in the same manner as though the accused had appeared, been convicted and paid same in the usual way.
(`86 Code, § 1-4-22)