§ 33.01  CHECK SERVICE FEES.
   (A)   The Prosecuting Attorney of the county is hereby authorized to collect a check service fee on behalf of any individual, person, firm, corporation or any other legal entity who is or may be the holder or payee of a check or draft turned over for collection or prosecution.
   (B)   Any fee collected by the office of the Prosecuting Attorney shall be in accordance with the following service fee schedule, which is within the guidelines specified in I.C. 35-43-5-5(e), upon successful collection by the holder or payee.
   (C)   The holder or payee of a bad check is encouraged to assess a “merchant fee” of $15 or 5% of the face amount (whichever is greater) not to exceed $250 authorized by I.C. 35-43-5-5, as indicated in Column B in division (E) below.
   (D)   The holder or payee, upon successful collection of the fact amount of the bad check and the “merchant fee” shall deduct the “county fee”, indicated in Column C in division (E) below, and deliver the same to the Prosecuting Attorney.
   (E)   The service fee schedule is outlined as follows:
Service Fee Schedule
(Column A)
(Column B)
(Column C)
Check Amount
Merchant Fee
County Fee
Service Fee Schedule
(Column A)
(Column B)
(Column C)
Check Amount
Merchant Fee
County Fee
$0 to $299.99
$15
$5
$300 to $999.99
5%
$10
$1,000 to $2,499.99
5%
$15
$2,500 to $4,999.99
5%
$20
Greater than $5,000
$250
$25
 
   (F)   The Prosecuting Attorney of the county is hereby authorized to collect all service fees indicated in Column C, made payable to the Treasurer of the county and to deposit the same with said Treasurer for the benefit of the County General Fund.
   (G)   All funds, so collected, are hereby declared to be miscellaneous revenues.
   (H)   The payment of any service fee after collection or prosecution of any check is waivable by the Prosecuting Attorney when unnecessary to avoid an undue hardship.
(Ord. 12-1987, passed 8-4-1987)