There is hereby established a criminal violation of negligently passing a bad check, which shall read as follows.
(A) No person shall negligently issue or transfer or cause to be issued or transferred a check or other negotiable instrument without sufficient funds in his or her account to allow the check or other negotiable instrument to be honored.
(B) For purposes of this section, a person who transfers a check or other negotiable instrument is presumed to know that it will be dishonored, if either of the following occurs:
(1) The drawer had no account with the drawee at the time of issuance or the stated date on the check or other negotiable instrument, whichever is later; and/or
(2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within 30 days after its issuance or stated date, whichever is later, and the liability of the drawer, endorser or any party who may be liable thereon is not discharged by payment or satisfaction within ten days of receiving notice of dishonor.
(C) Whoever violates this section is guilty of negligently passing bad checks, a minor misdemeanor punishable by a fine not to exceed $100.
(Ord. 07-20, passed 4-2-2007)