§ 10-4-3 JURISDICTION; RESTITUTION; FEES; DIVERSION PROGRAM.
   (A)   Any violation of Vol. I, § 10-4-2 may be prosecuted by the office of the City Attorney.
   (B)   A person charged with an offense under this article may make restitution for the bad checks. Restitution may be made through the office of the City Attorney if collection and processing were initiated through that office. Restitution shall include at a minimum the face amount of the check. The fact that restitution to the party injured is made and that any costs of filing with the City Attorney are paid is a mitigating factor in any imposition of punishment for any violation of this article. On sentencing, the court may require any persons convicted under this article to make restitution in an amount not to exceed twice the amount of the dishonored check or $50, whichever is greater, together with all applicable costs and fees. This is in addition to any other punishment imposed.
   (C)   The City Attorney may establish a program wherein a notice of dishonored check is issued and an opportunity is presented to the person who issued a check drawn on an account with insufficient funds, or where the issuer had no account with the bank or other drawer at time of issuance to pay to the holder in full the amount due on the check, together with reasonable costs and fees. If the issuer of the check pays the full amount due on the check, together with reasonable costs and fees as charged by the City Attorney within 12 days from receiving notice, the City Attorney may elect to not prosecute the violation of Vol. I, § 10-4-2.
   (D)   The City Attorney may collect a fee if his or her office collects and processes a check, either through the diversion program as heretofore provided, or otherwise, if the check is issued or passed in a manner which makes the issuing or passing a misdemeanor offense under A.R.S. §§ 13-1802 or 13-1807, or under Vol. I, § 10-4-2.
   (E)   The City Attorney may collect a fee from any person who is a party to an offense described in this article.
   (F)   The amount of the fee shall not exceed:
      (1)   Twenty-five dollars if the face amount of the check does not exceed $100;
      (2)   Fifty dollars if the face amount of the check is greater than $100, but does not exceed $300; and
      (3)   Seventy-five dollars if the face amount of the check is greater than $300.
(Prior Code, § 10-4-3)