(A) No person shall with intent to defraud, make, draw, utter or deliver any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of making, drawing, uttering or delivering, that the make or drawer does not have sufficient funds in or credit with the bank or other depository, for the payment of the check, draft or order in full upon its presentation, of the amount payable in the check, draft or order in any amount.
(B) No person shall with the intent to defraud, make, draw, utter or deliver any check, draft or order for payment of money if at the time of making, drawing, uttering or delivering the check, draft or order he or she does not have an account in or credit with the bank or other depository for the payment of the check, draft or other upon presentation.
(C) No person shall with the intent to defraud, make, draw, utter or deliver any check, draft or order for the payment of money to apply on account or otherwise, upon any bank, or other depository, unless the person has sufficient funds for payment for same when presentment is due to the drawee in any amount, except where the lack of funds is due to garnishment, attachment, levy or other lawful cause, and the fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing.
(D) As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, payment of which is reused by the drawee, when presented in the usual course of business, shall be prima facie evidence of intent to defraud of knowledge of insufficient funds in or credit with the bank or other depository, provided the maker or drawer shall not have paid and protest fees, within five business days after receiving notice by first class mail that the check, draft or order has not been paid by the drawee.
(E) Where the check, draft or order is protested on the grounds of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, non-payment and protest, and shall be prima facie evidence of intent to defraud and knowledge of insufficient funds or credit with the bank or other depository.
(Ord. 153, passed 7-12-1999) Penalty, see § 35.99