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Chapter 4.08, Page 13 4.08 ISSUE OF WORTHLESS CHECKS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. VIOLATION Whoever issues any check or other order for the payment of money less than $500.00 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this ordinance. SECTION II. EVIDENCE Any of the following is prima facie evidence that the person at the time he or she issue the check or other order for the 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 non-payment 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. SECTION III. EXCEPTIONS This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check. SECTION IV. PENALTIES Whoever is in violation of this County Ordinance shall be subject to a forfeiture amount of not to exceed $500.00. ---PAGE BREAK--- Chapter 4.08, Page 14 SECTION V. RESTITUTION In addition to Section IV, 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. Amendments: December 16, 1999