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1207. WORTHLESS CHECKS <br />1207.010. DEFINITION. "Credit" means an arrangement or understanding with the drawee <br />for the payment of the check or other order for the payment of money to which this Section applies. <br />1207.020. ACTS CONSTITUTING. Whoever issues any check or other order for the <br />payment of money which, at the time of issuance, he intends shall not be paid, may be sentenced to <br />imprisonment for not more than ninety (90) days or to payment of a fine not more than One Hundred <br />Dollars ($100.00). <br />1207.030. PROOF OF INTENT. Any of the following is evidence sufficient to sustain a <br />finding that the person, at the time he issued the check or other order for the payment of money, <br />intended it should not be paid: <br />(1) Proof that, at the time of issuance, he did not have an account with the drawee; or <br />(2) Proof that, at the time of issuance, he did not have sufficient funds or credit with the <br />drawee and that he failed within five (5) days after receiving notice of nonpayment or <br />dishonor to pay the check or other order; or <br />Proof that, when presentment was made within a reasonable time, the issuer did not <br />have sufficient funds or credit with the drawee and that he failed within five (5) days <br />after receiving notice of nonpayment or dishonor to pay the check or other order. <br />1207.040. PROOF OF LACK OF FUNDS OR CREDIT. If the check or other order for the <br />payment of money has been protested, the notice of protest thereof is admissible as proof of <br />presentation, nonpayment, and protest, and is evidence sufficient to sustain a finding that there was a <br />lack of funds or credit with the drawee. <br />1207.050. EXCEPTIONS. This Section does not apply to a postdated check or to a check <br />given for a past consideration, except a payroll check. <br />(3) <br />(Source: Ord. 116) <br />1207 -1 <br />10 <br />