A. If the total amount of civil penalties does not exceed three thousand dollars ($3,000.00), the matter shall be tried before the City Judge in the same manner as a small claim. If the total amount of civil penalties assessed exceeds three thousand dollars ($3,000.00), the matter must be tried before a District Court Judge.
B. The City has the burden of proof that the Municipal infraction occurred and that the defendant committed the infraction. The proof must be by clear and convincing evidence. (Note: Clear and convincing evidence means evidence in which there is no serious or substantial doubt about the correctness of the conclusions drawn from the evidence. It is more than a preponderance of evidence but less than beyond a reasonable doubt. Source Montana Code Annotated section 27-1-221; Cartwright v. Equitable Life Assurance Soc'y, 276 M 1, 914 P2d 976, 53 St. Rep. 268 (1996).)
C. The court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the City and produce evidence or witnesses on the defendant's behalf.
D. The defendant may be represented by counsel of the defendant's own choosing and at the defendant's own expense.
E. The defendant may answer by admitting or denying the infraction.
F. If a Municipal infraction is proven, the court shall enter judgment against the defendant. If the infraction is not proven, the court shall dismiss the charges. If the action is dismissed by the court, the City is liable for the court costs and court fees.
G. If the person named in the citation is shown to have been served with the civil citation in the proper manner and, without good cause, fails to appear in response to the citation, judgment shall be entered against the person by the court. (Ord. 2018-05, 11-19-2018, eff. 1-1-2019)