There is hereby established a criminal violation of negligently passing a bad check, which shall read as follows:
(a) No person shall negligently issue or transfer or cause to be issued or transferred a check or other negotiable instrument without sufficient funds in their account to allow such check or other negotiable instrument to be honored.
(b) For purposes of this section, a person who issues or transfers a check or negotiable instrument is presumed to know that it will be dishonored, if either of the following occurs:
(1) The drawer had no account with the drawee at the time of issuance or the stated date on the check or other negotiable instrument, whichever is later.
(2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after its issuance or the stated date, whichever is later, and the liability of the drawer, endorser, or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
(c) Whoever violates this section is guilty of negligently passing bad checks, a minor misdemeanor punishable by a fine not to exceed one hundred dollars ($100.00).
(Ord. 1989-67. Passed 10-2-89.)