(a) No person shall, with intent to defraud, make, draw, utter or deliver within the City any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft or order in full upon its presentation if the amount payable in the check is one hundred dollars ($100.00) or less. No person shall, with intent to defraud, make, draw, utter or deliver within the City any check, draft or order for the payment of money to apply on account or otherwise upon any bank or other depository if such person does not have sufficient funds for the payment of the same when presentation for payment is made to the drawee, except where such lack of funds is due to garnishment, attachment, levy or other lawful cause and such fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing, if the amount payable in the check is one hundred dollars ($100.00) or less.
(b) No person shall, with intent to defraud, make, draw or utter any check, draft or order for the payment of money to apply on account or otherwise upon any bank or other depository, in a sum of one hundred dollars ($100.00) or less if such person who, at the time of making, drawing, uttering or delivering such check, draft or order, has no account in or credit with such bank or other depository for the payment of such draft or order upon presentation.
(c) For the purpose of this section, "credit" means an arrangement or understanding with a bank or depository for the payment of a check, draft or order in full upon presentation thereof for payment.
(d) As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order for the payment of money, 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 such bank or other depository, provided such 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 such check, draft or order has not been paid by the drawee.
(e) Where such check, draft or order for the payment of money 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 such bank or other depository.
(Ord. 1987-08. Passed 9-14-87.)