[HISTORY: Adopted by the City Council of the City of Hackensack 5-5-1986 as Ord. No. 16-86. Amendments noted where applicable.]
It shall be unlawful for any person, either for himself or his agent or representative of another person or as an officer or agent of any corporation, or 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.
If the issuer had no account with the drawee at the time the check was issued, the same shall constitute presumptive evidence that the issuer knew the check would not be paid.
If payment was refused by the drawee for lack of funds upon presentation within 30 days after issue and the issuer fails to make good within 10 days after receiving notice of the refusal, the same shall constitute presumptive evidence that the issuer knew the check would not be paid.
Each violation of § 72-1 hereof shall be punishable by a term of imprisonment of not more than 90 days or a fine of not more than $500, or both.
There shall be imposed a surcharge in the amount of $20 on the amount of any fee or other charge to be paid by an applicant for any permit, license, municipal court fine, property tax assessed or other authorization to be issued by the City of Hackensack where a check or other draft has been submitted to the city in connection with an application for such permit, license or other authorization or payment of municipal court fine or property tax assessed, and that check or draft has been returned for insufficient funds.
It is hereby found and determined that the amount of such surcharge equals the approximate amount of the city's administrative and other related costs where any such check or other draft is returned for insufficient funds.