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(A) Cities of the Fourth Class, Winfield being such, shall have the authority under RSMo. §§ 79.110 and 71.010 to prohibit the passing of bad checks within the city limits.
(B) A person commits a crime of passing a bad check when:
(1) With purpose to defraud, he or she makes, issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee or that there is no drawee; or
(2) He or she makes, issues or passes a check or other similar sight order for the payment of money, knowing that there are insufficient funds in his or her account or that there is no account or no drawee and fails to pay the check or sight order within ten days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is no drawee.
(C) (1) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ACTUAL NOTICE IN WRITING. Notice of the non-payment which is actually received by the defendant.
(2) The notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within the ten-day period will result in dismissal of the charges.
(3) The requirement of notice will also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
(2003 Code, § 36.01) (Ord. 8-1996, passed 9-12-1995) Penalty, see § 36.99