§ 16-193. Jury demand.

Any person with a citation for violation of section 16-190 and/or section 16-191 of this article may demand a jury trial by filing a jury demand and paying a jury demand fee when entering his or her appearance, plea, answer to the charge, or other responsive pleading.

(1)

The prosecuting entity must prove the ordinance violation by a preponderance of the evidence, meaning it is more likely true than not that the violation occurred.

(2)

In any trial for violation of section 16-190 and/or section 16-191 of this article for possession of cannabis or possession of drug paraphernalia that is punishable by only a fine, cannabis shall only be admitted into evidence based upon:

a.

A properly administered field test; or

b.

Opinion testimony of a peace officer based on the officer's training and experience as qualified by the court.

(3)

If the defendant is found in violation of this article at trial the court shall impose the fine authorized by this article and court costs shall be imposed. In addition to the fine and court costs, the court may impose restitution and/or other appropriate penalties in consideration of the evidence and information offered by the parties in consideration of the penalties and/or conditions sought.

(4)

Either party shall have the right to appeal any final judgment entered in a Code violation case pursuant to Illinois Supreme Court Rule 303.

(Ord. No. 1059, 9-26-16)