(a) Trial shall be to the court unless the defendant is entitled to a jury trial under this Code, the Constitution or general laws of the State, in which case the defendant shall have a jury if, within twenty (20) days after arraignment or entry of a plea, he or she files with the court a written jury demand and at the same time tenders to that court a jury fee of twenty-five dollars ($25.00), unless the fee is waived by the judge because of the indigence of the defendant. If the action is dismissed or the defendant is acquitted of the charge, or if the defendant, having paid the jury fee, files with the court at least ten (10) days before a scheduled trial date a written waiver of jury trial, the jury fee shall be refunded. A defendant who fails to file with the court the written jury demand and pay the jury fee as provided above waives the right to a jury trial.

(b) When a jury trial is granted pursuant to Subsection (a), the jury shall consist of three (3) jurors unless a greater number, not to exceed six (6), is requested by the defendant in the jury demand.

(c) In a case tried without a jury, the court shall make a general finding and, in addition, on request shall make oral findings of fact and conclusions of law. (Ord. 919 § 1, 2007)