(A) As used in this section, to act with the "intent to defraud" means to act wilfully, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another, or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived.
(B) A person commits a deceptive practice when, with intent to defraud, with intent to obtain control over property or to pay for property, labor or services of another, he issues or delivers a check or other order upon a real or fictitious depository for the payment of money in excess of twenty five dollars ($25.00), knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of two (2) occasions at least seven (7) days apart, is prima facie evidence that the offender knows that it will not be paid by the depository, and that he has the intent to defraud.
(C) Notwithstanding the provisions contained hereinabove, the Village shall not prosecute any person for a violation of this section unless:
1. The complainant signs a formal complaint and agrees to testify in any and all court proceedings; and
2. The complainant has made reasonable efforts to contact the person who issued or delivered the check by one or more of the following methods:
(a) By making at least four (4) telephone calls to the person who issued or delivered the check, keeping a log of the telephone calls including the dates, times, any persons talked to and the results thereof; or
(b) The sending of a certified letter, return receipt requested, by the complainant to the person who issued or delivered any such check. (Ord. 85-O-49, 12-9-1985)