If the final hearing of a defendant is delayed more than ninety (90) days after the first hearing of the defendant, or unless the delay is occasioned by the action or request of the defendant, the Municipal Court shall dismiss with prejudice the charges alleging a noncriminal violation; except that if, on the day of a final hearing set within the last ten (10) days of the above time limit, a necessity for a continuance arises which the Municipal Court in the 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. (Prior code 1.18.090)