(a) No person, with intent to defraud, shall make, draw, utter or deliver 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 is without 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 and no person, with intent to defraud, make, draw, utter or deliver any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, if he or she 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, known to the person who made, drew, uttered or delivered the instrument at the time of so doing, if the amount payable by the check is less than two hundred dollars ($200.00).
(Adopting Ordinance.)
(b) As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order which is refused payment 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 the amount due on such instrument, together with all costs and protest fees shall be paid by such maker or drawer within five days after receiving notice that such instrument has not been paid by the drawee.
(c) Where such check, draft or order is protested, on the grounds 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. 85. Passed 5-10-72.)