If there is unnecessary delay in the trial of a defendant, the court may dismiss the case. If the trial of a defendant is delayed more than ninety (90) days after arraignment of the defendant, unless the delay is occasioned by the action or request of the defendant, the court may dismiss the case and the defendant shall not thereafter be tried for the same offense; except that if, on the day of a trial set within the last ten (10) days of the above time limit, a necessity for a continuance arises which the court, in exercise of sound judicial discretion, determines would warrant an additional delay, then one (1) continuance, not exceeding thirty (30) days, may be allowed, after which the dismissal shall be entered as above provided if trial is not held within the additional time allowed. (Ord. 303 § 1-209, 1977)