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(A) It is determined that the following conduct is illegal: for any person, with intent to obtain control over property or to pay for property, labor or services of another, to issue or deliver a check or other order upon a real or fictitious depository for the payment of money knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or the order is issued or presented to the depository is prima facie evidence that the offender knew that it would not be paid by the depository.
(B) The penalty for violating this section shall be as follows:
(1) For the first conviction, a fine of not less than $5 nor more than $500;
(2) For the second conviction, a fine of not less than $50 nor more than $500;
(3) For the third conviction, a fine of not less than $100 nor more than $500.
(Ord. 76-28, passed 9-13-76)