(a) There is hereby established the Office of City Prosecutor. No person shall be eligible for the Office of City Prosecutor who is not an attorney at law admitted to practice law in the state. The City Prosecutor shall:
(1) Attend meetings of the governing body when so directed to attend by the Mayor or City Attorney;
(2) Advise the City Council and all officers of the city upon legal questions affecting the city and its officers as may be submitted to him or her;
(3) Draft such ordinances and other instruments in writing as may be submitted to him or her in the regular transactions of the affairs of the city;
(4) Appear and prosecute all violations of city ordinances in Municipal Court; and
(5) Perform such other duties as may be prescribed by the governing body and the state statutes.
(b) The governing body may appoint a City Prosecutor in accordance with § 1-301. In the event that there is no City Prosecutor, the City Attorney shall serve in such capacity.