(A) Any person who, with intent to defraud, makes or draws or utters or delivers any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of such making, drawing, uttering, or delivering, that the maker, or drawer, has not sufficient funds in or credit with such bank or other depository, for the payment of such check, draft, or order, in full, upon its presentation, or any person who, with the intent to defraud, makes, draws, utters, or delivers any check, draft or order for the payment of money to apply on account or otherwise, upon any bank or other depository and who does not have sufficient funds for the payment for same when presentation for payment is made to the drawee, except where such lack of funds is due to garnishment, attachment, levy, or other lawful cause, and such fact was not known to the person who made, drew, uttered, or delivered the instrument at the time of so doing, if the amount payable in the check is $50 or less, such person is guilty of a misdemeanor.
(B) As against the maker or drawer thereof, the making, drawing, uttering, or delivering of a check, draft, or order, payment of which is refused by the drawee when presented in the usual course of business, is prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer has not paid the drawee thereof the amount due thereon, together with all costs and protest fees, within five days after receiving notice that such check, draft, or order has not been paid by the drawee.
(2011 Code, § 9.24.070) (Ord. 73, passed - -1975) Penalty, see § 10.99