§ 17-102. Checks without sufficient funds.

(a)

Issuing checks without sufficient funds. A person shall not 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 with intent to defraud if the person does not have sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee. This subsection does not apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and that fact was not known to the person when the person made, drew, uttered, or delivered the check, draft, or order.

(b)

Drawing checks upon bank without any bank account. A person shall not, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on an account or otherwise, upon any bank or other depository, if at the time of making, drawing, uttering, or delivering the check, draft, or order he or she does not have an account in or credit with the bank or other depository for the payment of the check, draft, or order upon presentation.

(c)

Evidence of intent to defraud. As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, 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 5 days after receiving notice that such check, draft or order has not been paid by the drawee.

(d)

Penalties. A person who violates any of the provisions of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

(Ord. No. 1029, § 1, 1-12-04)

Editor's note

Ord. No. 1029, § 1, adopted Jan. 12, 2004, repealed the former § 17-102, and enacted a new § 17-102 as set out herein. The former § 17-102 pertained to retail fraud and derived from Code 1958, § 8-153; Ord. No. 451, § 1, adopted Aug. 3, 1971; and Ord. No. 858, § 1, adopted March 25, 1991.