(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDRESS OF RECORD. The address that appears on the check or the last known address of record with the Secretary of State at the time the check was presented for payment of goods or services.
CHECK. Any check, draft, or order for the payment of money, to apply on account, or otherwise, upon any bank or other depository.
DISHONORED.
(1) Any check, draft, or order drawn or written on any account, or otherwise, upon any bank or other depository, without sufficient funds for the payment of same when presentment is made to the drawee.
(2) Any check, draft, or order drawn or written on any account which has been closed with or by the bank or other depository upon which it is drawn.
(B) Checks drawn without sufficient funds.
(1) No person shall with intent to defraud, make, draw, utter, or deliver any check knowing at the time of the making, drawing, uttering, or delivering that the maker or drawer does not have sufficient funds in or credit with the bank or other depository for the payment of the check in full upon its presentation in the amount payable in such check, draft, or order.
(2) No person shall with intent to defraud make, draw, utter, or deliver any check unless the person has sufficient funds for payment for same when presentment is made to the drawee, except where the lack of funds is due to garnishment, attachment, levy, or other lawful cause and such fact was not known to the person who made, drew, uttered, or delivered the instrument.
(3) As against the maker or drawer thereof, the making, drawing, uttering, or delivering of a check which is refused by the drawee when presented in the usual course of business shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided that such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with bank fees, within five business days after receiving notice by first class mail at the address of record that such check, draft, or order has not been paid by the drawee.
(4) Where such dishonored check is protested, the notice of protest thereof shall be admissible as proof of presentment, nonpayment, and protest and shall be prima facie evidence of intent to defraud and knowledge of insufficient funds or credit with such bank or other depository.
(5) Any person convicted of violating this section shall be subject to a maximum penalty of 93 days in jail or an equal amount of time of community service, plus a fine of not more than $500.00, plus actual costs of prosecution and mandatory restitution to victims.
(Ord. 389-5-95, passed 5-15-95; Am. Ord. 503-12-02, passed 12-16-02) Penalty, see § 130.99
Cross-reference:
Civil collection of expenses, see Ch. 120