§ 22-30. Giving a worthless check.

(a)

Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check on any financial institution for the payment of money or its equivalent in a sum less than $1,000.00 with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check that the maker or drawer has no deposit in or credits with the financial institution or has not sufficient funds in, or credits with, the financial institution for the payment of such check in full upon its presentation.

(b)

It shall be unlawful to commit the offense of giving a worthless check.

(c)

As used in this chapter:

(1)

"Check" is any check, order or draft on a financial institution;

(2)

"Financial institution" means any bank, credit union, savings and loan association or depository; and

(3)

"Notice" includes oral or written notice to the person entitled thereto.

(d)

In any prosecution against the maker or drawer of a check, payment of which has been refused by the financial institution on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the financial institution:

(1)

Unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding $30.00 for each check, within seven days after notice has been given to the maker or drawer that such check has not been paid by the financial institution. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person's address as it appears on such check; or

(2)

If a postdated date is placed on the check without the knowledge or consent of the payee.

(e)

It shall not be a defense to a prosecution under this section that the check upon which such prosecution is based was:

(1)

Postdated, unless such check was presented for payment prior to the postdated date; or

(2)

Given to a payee who had knowledge or had been informed, when the payee accepted such check that the maker did not have sufficient funds in the hands of the financial institution to pay such check upon presentation, unless such check was presented for payment prior to the date the maker informed the payee there would be sufficient funds.

(f)

Violation of this section is a Class A violation.

(Ord. No. 6309, § 7, 12-2-02; Ord. No. 6589, § 2, 11-21-06); Ord. No. 7333, § 8, 12-19-17)