§ 42.004  BAD CHECKS.
   (A)    In the event the County Prosecutor sends a notice required under I.C. 26-2-7-3, the person receiving the notice shall be required to pay the amounts required by state law in cash or certified funds to the office of the County Prosecutor, including a service charge payable to the County Prosecutor in the amount of $20 or 5% of the face of the amount of the check, whichever is greater, but not to exceed $250.
   (B)   The County Prosecutor may establish and maintain a trust checking account into which shall be deposited the principal amount of any bad check along with all other fees collected from the issuer thereof. The purpose of the fund is for deposits of monies received under division (A) above.
   (C)   A Prosecutor’s Special Fee Fund is hereby established. All fees collected under division (A) above shall be regularly delivered to the County Treasurer in the manner of fees collected by county officers for deposit into the Prosecutor’s Special Fee Fund. The County Council may only appropriate monies on deposit in the Prosecutor’s Special Fee Fund for purposes of the Prosecutor’s office, at the request of the Prosecutor, these appropriations may be made for any purpose.  County monies may lawfully be appropriated to the Prosecutor’s office and need not be limited to attributable costs of the functions and services from which the fees derive.
   (D)   The amount of any dishonored check paid to the County Prosecutor shall be paid from the Prosecutor’s trust checking account to the name and address of the check payee with no appropriation from the County Council being necessary.
   (E)   (1)   The Treasurer of the county shall charge and collect a surcharge of $20 from any person or entity presenting and tendering payment to the Treasurer of the county which is dishonored or returned unpaid for any reason. The charge shall not be considered an interest charge, finance charge, a time price differential or any charge of a similar nature.
      (2)   All surcharge funds collected by the Treasurer of the county shall be paid into the General Fund.
(Ord. O-C-99-1, passed 3-1-1999; Ord. O-C-06-4, passed 3-6-2006)