Upon trial de novo of the case on appeal to the appellate court, if a jury has been demanded, the duties of the jurors shall be to determine only whether the appellant has violated the ordinance charged. Upon a verdict of guilty, the judge shall then hear and consider any material facts in mitigation or aggravation of the offense and shall impose a penalty as provided by ordinance.
Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-23. L. 81: Entire section amended, p. 884, § 8, effective July 1.