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A. Issuing Prohibited: Whoever issues, within the city, any check or other order for payment of money, which, at the time of issuance, he/she intends shall not be paid, is guilty of a misdemeanor and is subject to an administrative fee as established by ordinance of the city council. In addition, restitution may be ordered by the court. (Ord. 783, 2-15-2006)
B. Proof Of Intent:
1. Any of the following is evidence sufficient to sustain a finding that the person, at the time he/she issued the check or other order for payment of money, intended it should not be paid:
a. Proof that, at the time of issuance, he/she did not have an account with the drawee.
b. Proof that, at the time of issuance, he/she did not have sufficient funds or credit with the drawee and that he/she failed, within five (5) business days after mailing notice of nonpayment or dishonor, to pay the check or other order.
c. Proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee, and that he/she failed, within five (5) business days after mailing of notice of nonpayment or dishonor, to pay the check or other order.
2. Notice of nonpayment or dishonor shall be sent by the payee or holder of the check to the maker or drawer by certified mail, return receipt requested, to the address of record. Refusal by the maker or drawer of the check to accept certified mail notice shall not constitute a defense that notice was not received. (1971 Code § 16-20; amd. 2000 Code)
C. Proof Of Lack Of Funds Or Credit: If the check or other order for the payment of money has been protested, the notice of protest thereof is admissible as proof of presentation, nonpayment and protest and is evidence sufficient to sustain a finding that there was a lack of funds or credit with the drawee. (1971 Code § 16-21)
D. Exemptions: This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check. (1971 Code § 16-22)