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A. A hearing held for the purpose of contesting the determination that a civil infraction has been committed shall be without a jury and shall be recorded in the manner provided for in courts of limited jurisdiction.

B. In lieu of the Enforcement Officer’s personal appearance at the hearing, the court may consider the notice of civil infraction and any other written report as long as the report is made under oath, submitted by the Enforcement Officer who issued the notice or who filed the notice of civil infraction was the basis for the issuance of the notice. The person named in the notice of civil infraction may request the court for issuance of subpoena of witnesses, including the Enforcement Officer who issued the notice, and has the right to present evidence and examine witnesses present in court.

C. The burden of proof is upon the County to establish the commission of the civil infraction by a preponderance of the evidence.

D. After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. Where it has not been established by a preponderance of the evidence that the civil infraction was committed, an order dismissing the notice of civil infraction shall be entered in the court’s records. Where it has been established by a preponderance of the evidence that the civil infraction was committed, an appropriate order shall be entered in the court’s records.

E. An appeal from the court’s determination or order shall be to the Superior Court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the Superior Court is subject only to discretionary review pursuant to the Rules of Appellate Procedure.

(Ord. 91-187 § 1 (part), 1992)