It shall be unlawful for any person, in his or her own name or in any other capacity whatsoever, to obtain money or other property of any kind or nature whatever with fraudulent intent, or to obtain credit with like intent, by means of a check, draft or order of which the person is the maker or drawer, or which, though he or she is not the maker or drawer, he or she, with like intent, utters or delivers or aids or abets another to utter or deliver, or to attempt to do so. If the check, draft or order is not paid by the drawee, the person making, drawing or uttering the same shall be guilty of a misdemeanor. The fact that the check, draft or order was not paid by the drawee because the maker or drawer did not have on deposit with the bank, person, firm or corporation upon which the draft, check or order was drawn, sufficient funds to pay the same in full when presented, and the further fact that the maker or drawer of the check, draft or order failed to pay the amount of the same within seven days after written notice sent to his or her last known address, shall, as against the maker or drawer of the check, draft or order, be prima facie evidence of fraudulent intent. The word
CREDIT, as used in this section, shall be construed to mean securing further advances of money or goods by means of a check, draft or order given in whole or in part payment of a then existing account.
(Ord. 08-04, passed 11-20-2008) Penalty, see § 33.99