It shall be unlawful for any person, either for himself or as agent
or representative of another person, or as an officer or agent of any corporation,
or as a member of a partnership, with intent to defraud, to make, draw, utter
or deliver any check, draft or order for the payment of money in a sum not
in excess of $100, upon any bank or other depository, knowing at the time
of so doing that the maker or drawer has no funds or insufficient funds in
or credit with such bank or other depository for the payment in full of such
instrument upon its presentation although no express representation is made
in reference thereto.
The making, drawing, uttering or delivering of a check, draft or order
as stated in the foregoing section shall be prima facie evidence of intent
to defraud, and the certificate of protest of nonpayment of same shall be
presumptive evidence that there were no funds or insufficient funds in or
credit with such bank or other depository and that the person making, drawing,
uttering or delivering the instrument knew that there were no funds or insufficient
funds in or credit with such bank or other depository.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article
I of Chapter
1 of the Code of the Borough of Netcong.