1. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without jury.

2. Any person subject to proceedings under this Chapter may be represented by counsel.

3. The attorney representing the City may appear in any proceeding under this Chapter but need not appear, notwithstanding any rule of the court to the contrary.

4. The officer who issued the notice must appear at such hearing, and may subpoena witnesses. The person named in the notice may subpoena witnesses, including the officer, and also has the right to present evidence and examine witnesses present in court.

5. The burden of proof is upon the City to establish a commission of the infraction by preponderance of the evidence.

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

7. An appeal from the court’s determination or order shall be to the Stevens County Superior Court. Such appeal shall be taken in accordance with the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the Stevens County Superior Court is subject only to discretionary review pursuant to the Rules of Appellate Procedure.