(A) Right to Amend the Charge. The right to amend to a different charge on a citation shall be granted at any time prior to the completion of the city's case. If the defendant is substantially prejudiced in the presentation of his case as a result of the amendment, the Court, on its own motion, may order a continuance of the trial or the balance of the trial to a later date. The right to amend is not limited in number, provided the defendant is not substantially prejudiced by the number of amendments.
(B) Defects, Errors and Omissions. A complaint or citation shall not be deemed invalid, nor shall the trial, judgment or other proceedings thereon be stayed, arrested or in any manner affected because of any defect, error, omission, imperfection, or repugnancy therein which does not prejudice the substantial rights of the defendant upon the merits.
(C) Surplusage. Any unnecessary allegation contained in a complaint, information or indictment may be disregarded as surplusage.
(D) Variance. No variance between those allegations of a complaint, indictment, information or any supplemental pleading which state the particulars of the offense, whether amended or not, and for the evidence offered in support thereof shall be ground for the acquittal of the defendant unless such variance prejudices substantial rights of the defendant. The court may at any time allow the indictment or information to be amended in respect to any variance to conform to the evidence. If the court finds that the defendant has been prejudiced by an amendment, the court may postpone the trial or grant such other relief as may be proper under the circumstances.
(E) Effect. No appeal or motion made after verdict, based on any such defect, error, omission, repugnancy, imperfection, variance or failure to prove surplusage, shall be sustained unless it is affirmatively shown that the defendant was in fact prejudiced thereby in his defense on the merits.
('74 Code, § 9-5-21.14) (Ord. 65-1974; Am. Ord. 29-1994)