A. Trial By Jury Or Court: In all prosecutions in the municipal court for any offense for which the municipality, with the concurrence of the court, seeks imposition of a fine of more than five hundred dollars ($500.00), excluding court costs, or imprisonment, or both such fine and imprisonment, a jury trial shall be had unless waived by the defendant and the municipality. In prosecutions for all other offenses, or in cases wherein a jury trial is waived by the defendant and the municipality, trial shall be to the court. (Ord. 1102, 7-14-2009)
B. Decision Of Defendant: At arraignment, the defendant shall be asked whether he or she demands or waives trial by jury. The defendant's election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case. Once a defendant voluntarily waives his or her right to jury trial, said right may not be reclaimed unless agreed to by the parties. An election demanding jury trial may be mutually withdrawn at any time prior to the commencement of the proceedings. However, any costs incurred to impanel the jury will be assessed against the defendant. (Ord. 1038, 9-12-2006)