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A. The trial of any violation offense shall be by the Court without a jury.

B. The City of Ashland shall have the burden of proving the violation offense by a preponderance of the evidence and the Defendant may not be required to be a witness in the trial of such violation offense.

C. At any trial involving a violation offense, the City Attorney shall not appear unless the Defendant is represented by an attorney, or unless the City Attorney is granted leave of the Court to appear. Further, at any such violation trial, defense counsel shall not be provided at public expense.

D. Consistent with ORS 153.083, in any trial of a violation offense, whether created by ordinance or statute, in which the City Attorney is prohibited from appearing, the City police officer or code compliance officer who issued the citation for the offense is specifically authorized by law to present evidence, examine and cross-examine witnesses and make arguments relating to:

1. The application of statutes and rules to the facts in the case;

2. The literal meaning of the statutes or rules at issue in the case;

3. The admissibility of evidence; and

4. Proper procedures to be used in the trial.

E. Except as expressly provided above, only a person who is currently licensed to practice law in the State of Oregon by the Oregon State Bar is permitted to represent another person or entity in Ashland Municipal Court.

F. A person who commits a violation offense by violating designated provisions of the Ashland Municipal Code shall not suffer any disability or legal disadvantage based upon conviction of crime. (Ord. 3022, added, 08/03/2010)

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