§ 35.02  DEFINITIONS.
   For the purpose of this subchapter, 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 of the maker of a check that is recorded with the Secretary of State at the time the check was presented for payment of money, 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.
      (3)   Any check, draft or order drawn or written on any account for stop payment, any bank administrative purpose or any other reason that caused the check to become dishonored when presentation is made to the drawee. Exceptions include:
         (a)   A check that was stolen and passed; and
         (b)   A stop payment check where a verified dispute exists between two parties.
   DRAWEE.  A person, business, organization, partnership, company or corporation to whom a check is presented or is requested to pay the amount of money therein mentioned.
   EXPENSES OF DISHONORED CHECK RESPONSE.  The direct and reasonable cost incurred by the city or to the private person or corporation operating at the request or direction of the city, when responding to a reported dishonored check, including the cost of providing police, City Attorney and/or administrative services in response to any reported dishonored check. These costs further include all of salaries and wages of the city personnel and/or contractors engaged in investigation, supervision and report preparation, and all costs connected with the administration and provision of any prosecution of the person responsible for the dishonored check, except actual cost which may be levied by the court as a result of statue or court rule.
   MAKER.  A person, business, organization, partnership, company or corporation who is the maker or drawer of a check.
   PRESENT.  The making, drawing, uttering or delivering.
   PRESENTING.  The making drawing, uttering or delivering.
   PROTEST.  A check has been refused for payment or acceptance by a bank or other repository.
(Ord. 153, passed 7-12-1999)