A. If the total amount of civil penalties does not exceed three thousand dollars ($3,000.00), the matter shall be tried before the municipal court 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.
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.
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. 09-20, 10-19-2009)