(a) Whoever issues any check or other order for the payment of money less than $500 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this section.
(b) Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for payment of money intended it should not be paid:
(1) Proof that at the time of issuance, the person did not have an account with the drawee;
(2) Proof that at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed, within ten days after receiving notice of nonpayment or dishonor, to pay the check or other order; or
(3) Proof that when presentment was made within reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed, within ten days after receiving notice of nonpayment or dishonor, to pay the check or other order.
(c) This section does not apply to a postdated check or to a check given in past consideration, except a payroll check.
(d) Any person violating any provisions of this section shall be subject a forfeiture of $250 for each offense, together with the costs of prosecution, and, in default of payment, shall be imprisoned in the County Jail until forfeiture and costs are paid, but not to exceed 60 days.
(Ord. passed 10-17-2011)