(A) Any person who wilfully, with the intent to defraud, draws or passes a check or draft to obtain money or delivery of other valuable property of a value less than six hundred fifty dollars ($650.00), drawn upon any real or fictitious person, bank, firm, partnership, corporation, depository, when the person so drawing or passing has insufficient money, property, or credit with the drawee of the instrument to pay it in full upon presentation is guilty of a misdemeanor. (Ord. 2012-07, 6-6-2012, eff. 7-14-2012)
(B) For purposes of this section "credit" means an arrangement or understanding with a person, firm, corporation, bank or depository for the payment of a check or other instrument.
(C) In a criminal action for issuing a check or draft without sufficient funds with an intent to defraud, that intent and the knowledge that the drawer has insufficient money, property or credit with drawee is presumed to exist if:
1. The instrument is drawn on a purported account which does not exist.
2. Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within ten (10) days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount of the instrument or the amount due plus any handling charges incurred.
3. Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument is returned because of nondelivery. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983)