A. A hearing held to contest the determination that a civil infraction has been committed shall be without a jury.
B. The person named in the notice may subpoena witnesses, including the authorized representative who has issued and served the notice, and has the right to present evidence and examine witnesses present in court.
C. The burden of proof is on the city to establish the commission of the civil infraction by a preponderance of evidence.
D. After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. If it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered in the court’s records. If it has been established that a civil infraction has been committed, an appropriate order shall be entered in the court’s records.
(Ord. 16-1148, passed 7-12-2016)