(a) Violations. Whoever issues any check or other order for the payment of money less than One Thousand Dollars ($1,000.00) which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this Section.
(b) Prima Facie Evidence. Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for payment of money intended it should not be paid:
(1) Proof that, at the time of issuance, the person did not have an account with the drawee; or
(2) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five (5) days after receiving notice of non-payment or dishonor to pay the check or other order; or
(3) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five (5) days after receiving notice of non-payment or dishonor to pay the check or other order.
(c) Exceptions. This Section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.
(d) Returned Check Fee. In the event a person issues a check to the Village of Edgar, and does not have sufficient funds or credit such that the check is returned unpaid, such person shall pay the check or other order and shall also pay a fee as prescribed in Section 1-3-1, representing the cost of additional administrative expense which results from non-payment of the original obligation. [See also Section 3-1-17].
(e) Penalties.
(1) In addition to any other penalties provided for under Section 1-1-6, a court may order a violator of this Section to pay restitution to a victim. In determining the method of payment the court shall consider the financial resources and future ability of the violator to pay. The court shall provide for payment of an amount equal to the pecuniary loss caused by the offense. Upon the application of an interested party, the court shall schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense. A victim may not be compensated under this Section and under Sec. 943.245, Wis. Stats.
(2) In this Section, "pecuniary loss" means:
a. All special damages, but not general damages, substantiated by evidence in the record, which a person could recover against the violator in a civil action arising out of the facts or events constituting the violator's criminal activities, including, without limitation because of enumeration, the money equivalent of loss resulting from property taken, destroyed, broken or otherwise harmed and out-of-pocket losses, such as medical expenses; and
b. Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense.