A. Definition:
CREDIT: An arrangement or understanding with the drawee for the payment of the check or other order for the payment of money to which this section applies.
B. Prohibited Act, Penalty: Any persons who issue any check or other order for the payment of money which, at the time of issuance, the persons intend shall not be paid, may be, upon conviction, penalized in accordance with the provisions of section 1-4-2 of this code.
C. Evidence: Any of the following is evidence sufficient to sustain a finding that the persons at the time they issued the check or other order for the payment of money, intended it should not be paid:
1. Proof that, at the time of issuance, they did not have an account with the drawee; or
2. Proof that, at the time of issuance, they did not have sufficient funds or credit with the drawee and that they failed within five (5) days after receiving notice of nonpayment or dishonor to pay the check or other order; or
3. Proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee and that they failed within five (5) days after receiving notice of nonpayment or dishonor to pay the check or other order.
D. Proof Of Protest: 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.
E. Exemption: This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check. (Ord. 474, 9-20-1971)