Sec. 10-92. Fraud by check.
(a) A person violates this Section if he or she issues or passes a check or similar sight order for the payment of money in an amount less than five hundred dollars ($500.00), knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of the issuance.
(b) This Section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for purposes of this Section, the issuer’s knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if:
(1) He or she has no account with the bank or other drawee at the time he or she issues the check or order; or
(2) He or she has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty (30) days after issuance.
(c) Insufficient funds means not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty (30) days after such presentment.
(d) A bank shall not be civilly or criminally liable for releasing information relating to the issuer’s account to a police officer investigating or prosecuting a charge under this Section. (Ord. 331, 1977; Ord. 383 § 12, 1977; Ord. 520 § 2, 1998)