16.23 ISSUANCE OF WORTHLESS CHECKS.

(1)    CHECKS LESS THAN $1,000.00. Whoever issues any check or other order for the payment of money less than $1,000.00 which, at the time of issuance, he or she does not intend to pay is guilty of a violation of this ordinance and the penalties for such actions are set forth below.

(2)    PRIMA FACIE EVIDENCE. 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: or

(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 5 days after receiving notice of nonpayment or dishonor to pay the check or other orders: 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 5 days after receiving notice of nonpayment of dishonor to pay the check or other order.