[HISTORY: Adopted by the Board of Supervisors of Pierce County by Ord. No. 85-1. Amendments noted where applicable.]
[Amended by Ord. No. 94-6]
No person shall issue any check or other order for the payment of money less than $1,000 which, at the time of issuance, he or she intends should not be paid.
Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money intended it should not be paid:
Proof that at the time of issuance the person did not have an account with the drawee;
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
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.
Refusal to accept or failure to receive notice of nonpayment or dishonor mailed by first class mail to such person's last known address or the address shown on the face of the check or other order shall not be a defense to the charge of issuance of a worthless check, contrary to § 129-1 of this chapter.
This chapter does not apply to a postdated check or to a check given for a past consideration, except a payroll check.
Any person who violates this chapter shall, upon conviction, be subject to a forfeiture of not more than $500 together with costs of prosecution and penalty assessment and, in default of payment of such forfeiture and costs, shall be subject to imprisonment in the county jail until such forfeiture and costs are paid, but not to exceed 30 days.
[Added 8-24-2003 by Ord. No. 03-16]
In addition to § 129-5, whoever is in violation of this county ordinance shall be ordered to pay restitution for the amount of the worthless check in a time period to be determined by the court, not to exceed 120 days. If restitution is not paid in the time allotted by the court, the person in violation shall be subject to a civil judgment in favor of the party who took the check.