No. 33597. Filed April 15, 1955. 1. Municipal Corporations: Penalties. A prosecution for an act in violation of a city ordinance which act is not a violation of statute is a civil action for the recovery of a penalty and in such case the burden is on the prosecution to prove the charge by a preponderance of the evidence. 2. ___: ___. In an action to recover a penalty for violation of a city ordinance where a jury is waived the matter of weighing the evidence to determine whether or not the prosecution