(A) All ordinance violations involving moving traffic violations and all ordinance violations that do not pertain to actions harmful to land, air, water, use of public ways, or standing or parking of vehicles must be filed in the county superior court, in the event that the town elects to prosecute them and the charged person denies responsibility or otherwise fails to enter an admission and voluntarily pay the applicable fine to the Violations Clerk.
(B) (1) If a person denies responsibility or fails or refuses to enter an admission and voluntarily pay the applicable fine to the Violations Clerk, then the Violations Clerk shall report same to the Town Marshal.
(2) The Town Marshal shall request that the matter proceed to hearing before the Town Council and shall be responsible for delivering notice of the hearing to the person cited for the ordinance violation.
(3) The hearing shall be conducted during a public meeting of the Town Council, and the cited person shall have a right to be notified of the date and time of the hearing, to appear at the hearing in person and be represented by an attorney at the cost of the cited person, to see, hear, and cross-examine any witnesses, to call witnesses and submit evidence, and a right to appeal the decision of the Town Council to the county superior court, so long as the appeal right is exercised within 60 days of the date of the written order of the Town Council having been entered.
(Ord. 2014-006, passed 9-9-2014)