(A) Exceptions. In any prosecution hereunder in the Municipal Court of the town or any other court of competent jurisdiction, the complaint charging a violation of this chapter need not negate the existence of any exception contained herein, but the existence of the same may be raised by the defendant in any such prosecution by way of defense.
(B) Prima facie evidence. In any prosecution hereunder in the Municipal Court of the town or any other court of competent jurisdiction, proof that any tract of land, the description of which is alleged in the complaint on which such prosecution is based, is listed as being owned by any person on the current tax roll of the town, shall be prima facie evidence that such land is owned by such person; provided, however, the prima facie proof herein provided for may be rebutted by the defendant against whom such proof is offered in any such prosecution.
(C) Affirmative defense. In any prosecution hereunder in the Municipal Court of the town or any other court of competent jurisdiction, the prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense. In any such prosecution the defendant must prove any such affirmative defense by a preponderance of the evidence.
(D) Savings clauses. This chapter is cumulative of and in addition to all other ordinances of the town, on the same subject and all such ordinances are hereby expressly saved from repeal; provided, however, where this chapter and other ordinance conflict or overlap, whichever imposes the more stringent regulations or penalties, as the case may be, shall prevail. No offense committed and no fine, forfeiture or penalty incurred prior to the effective date of this chapter is to be affected by the adoption of this chapter but the punishment for any offense committed and the recovery of any fines or forfeitures incurred prior to such date shall take place as if this chapter had not been adopted.
(Ord. 96-02, passed 4-1-1996) Penalty, see § 51.99