§ 130.057  FRAUDULENT CHECKS, DRAFTS OR OTHER WRITTEN ORDERS.
   (A)   It shall be unlawful for any person, with intent to defraud, in his or her own name or in any other capacity, to draw, make, utter, issue or deliver to another, any check, draft or other written order on any bank or depository for the payment of money or its equivalent, whether given to obtain money, services, credit or property of any kind or nature whatever, or anything of value, when at the time of drawing, making, uttering, issuing or delivering such check or draft or other written order the maker or drawer thereof does not have an account in such bank or depository or does not have sufficient funds on deposit with such bank or depository to pay the same on presentation or if the check, draft or other written order has an incorrect or insufficient signature thereon to be paid upon presentation.
   (B)   In any prosecution or action under the provisions of this section, a check, draft, or other written order for which the information required in division (B)(1) below is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the check, draft or other written order and that the person was a party authorized to draw upon the named account.
      (1)   To establish this prima facie evidence, the full name, residence address and home telephone number of the person presenting the check, draft or other written order shall be obtained by the party receiving the instrument.  The information may be provided by having the information recorded on the check or instrument itself or the number of the check-cashing identification card issued by the receiving party may be recorded on the check. Such check-cashing identification card shall be isuued only after the full name, residence address and home telephone number of the person presenting the check, draft or other written order has been placed on file by the receiving party.
      (2)   In addition to the information required in division (B)(1) above, the party receiving a check shall witness the signature or endorsement of the party presenting such check and as evidence of such, the receiving party shall initial the check. Validation by a bank teller machine shall constitute compliance with this item.
   (C)   It shall be the duty of the drawee of the check, draft or other written order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed or stamped in plain language thereon or attached thereto, the reason for drawee’s dishonor or refusal to pay same. In all prosecutions under this section, the introduction into evidence of any unpaid and dishonored checks, drafts, or other written orders, having the drawee’s refusal to pay stamped or written thereon, or attached thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or uttering of the check, draft or other written order, and the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reasons written, stamped or attached by the drawee on such dishonored check, draft or other written order; and, as against the maker or drawer thereof, the withdrawing from deposit with the drawee named in the check, draft or other written order upon presentation within 10 days after negotiation; or the drawing, making, uttering or delivering of a check, draft or written order, payment of which is refused by the drawee, shall be prima facie evidence of knowledge of insufficient funds in or credit with the drawee; provided, however, if it is determined at the trial in a prosecution hereunder, that the payee of any such check, draft or written order at the time of accepting the check, draft or written order had knowledge of or any reason to believe that the drawee of the check, draft or other written order did not have sufficient funds on deposit in or credit with the drawee, then the payee instituting the criminal prosecution shall be assessed all costs of court incurred in connection with the prosecution.
   (D)   (1)   The word CREDIT, as used in this section, shall be construed to mean securing further advances of money, goods services by means of a check, draft or other written order, given in whole or in part payment of a then existing account.  Payment for meals, lodging or other goods or services at any hotel, motel or other hostelry by means of a check, draft or other written order at any time prior to or upon departure or checkout from the hostelry shall be construed as obtaining the goods or services by means of the check, draft or other written order for the purposes of this section.
      (2)   This section shall not apply to any postdated check or to any check given only in full or partial payment of a preexisting debt, or to the giving of any check, draft or other written order where the payee knows, has been expressly notified or has reason to believe that the drawee did not have an account or have on deposit with the drawee sufficient funds to insure payment thereof nor to any check which has not been deposited to an account of the payee within a period of 10 days from the date the check was presented to the payee.
      (3)   It shall also be unlawful for any person to induce, solicit or to aid and abet any other person to draw, make, utter, issue or deliver to any person including himself or herself any check, draft or other written order on any bank or depository for the payment of money or its equivalent, being informed, knowing or having reasonable cause for believing at the time of the inducing, soliciting or the aiding and abetting that the maker or the drawer of the check, draft or other written order has not sufficient funds on deposit in, or an account with, the bank or depository with which to pay the same upon presentation.
(Ord. passed 6-17-1997)  Penalty, see § 130.999