[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 11, Ch. 3, Sec. 11-3-7, of the 2005 Village Code. Amendments
noted where applicable.]
Whoever issues any check or other order for the payment of money
less than $1,000 which, at the time of issuance, he or she intends
shall not be paid is guilty of a violation of this chapter.
Any of the following is prima facie evidence that the person
at the time he or she issued the check or other order for payment
of money intended it should not be paid:
A.
Proof that, at the time of issuance, the person did not have an account
with the drawee;
B.
Proof that, at the time of issuance, the person did not have sufficient
funds or credit with the drawee and that the person failed within
five days after receiving notice of nonpayment or dishonor to pay
the check or other order; or
C.
Proof that, when presentment was made within a reasonable time, the
person did not have sufficient funds or credit with the drawee and
the person failed within five days after receiving notice of nonpayment
or dishonor to pay the check or other order.
This chapter does not apply to a postdated check or to a check
given in past consideration except a payroll check.
In the event a person issues a check to the Village and does
not have sufficient funds or credit such that the check is returned
unpaid, such person shall pay the check or other order and shall also
pay a fee as set from time to time by resolution of the Village Board,
representing the cost of additional administrative expense which results
from nonpayment of the original obligation.
A.
In addition to any other penalties provided for under § 1-2 of this Code, a Municipal Judge may order a violator of this chapter to pay restitution to a victim. In determining the method of payment, the Court shall consider the financial resources and future ability of the violator to pay. The Court shall provide for payment of an amount equal to the pecuniary loss caused by the offense. Upon the application of an interested party, the Court shall schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense. A victim may not be compensated under this chapter and under § 943.245, Wis. Stats.
B.
In this section, "pecuniary loss" means:
(1)
All special damages, but not general damages, substantiated by evidence
in the record, which a person could recover against the violator in
a civil action arising out of the facts or events constituting the
violator's criminal activities, including, without limitation
because of enumeration, the money equivalent of loss resulting from
property taken, destroyed, broken or otherwise harmed and out-of-pocket
losses, such as medical expenses; and
(2)
Reasonable out-of-pocket expenses incurred by the victim resulting
from the filing of charges or cooperating in the investigation and
prosecution of the offense.
