(A) Defraud. Any person who, with intent to defraud shall, make, draw, utter or deliver any checks, draft or order for the payment of money, to apply on account or otherwise, upon any bank or ether depository, knowing at the time of the making, drawing, uttering or delivering, that the maker or drawer, has not sufficient funds in or credit with the bank or other depository, for the payment of the check, draft or order, in full, upon its presentation or any person who, with the intent to defraud, shall make, draw, utter or deliver any check, draft or order for the payment of money to apply on account or otherwise, upon any bank or other depository and who shall not have sufficient funds for the payment for same when presentation for payment is made to the drawee, except where the lack of funds is due to garnishment, attachment, levy or other lawful cause, and the fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing, shall, if the amount payable in the check is $100 or less, the person shall be guilty of a misdemeanor.
(B) Second offense. Punishment, second offense, any person found guilty of a second offense under this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not more than 90 days or by a fine.
(C) Evidence of intent to defraud. 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, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with the bank or other depository, provided the maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within five days after receiving notice that the check, draft or order has not been paid by the drawee.
(D) Notice of protest as evidence of intent to defraud. Where the check, draft or order is protested, on the ground of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, nonpayment and protest, and shall be prima facie evidence of intent to defraud, and of knowledge of insufficient funds or credit with the bank or other depository.
(E) Credit construed. The word CREDIT as used herein, shall be construed to mean an arrangement or understanding with the bank or depository, for the payment of the check, draft or order, in full, upon the presentation thereof for payment.
(Ord. 27, passed 12-14-1981) Penalty, see § 132.999