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(1) As used in this chapter, when a “defense,” other than an “affirmative defense” as defined in subsection (2) of this section, is raised at a trial, the city has the burden of disproving the defense beyond a reasonable doubt.

(2) When a defense, declared to be an “affirmative defense” by this Code is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

(3) The city is not required to negate a defense as defined in subsection (1) of this section unless it is raised by the defendant. “Raised by the defendant” means either notice in writing to the city at least five days prior to commencement of trial or affirmative evidence by a defense witness in the defendant’s case in chief.

(Section 4.030 added by Ordinance No. 18512, enacted October 5, 1979.)