WORTHLESS CHECKS ORDINANCE
Section: 2-9 of the
Town of Barnes Ordinances
(1) Issuance of worthless checks: Whoever issues any check
or other order for the payment of money, which, at the time of issuance, the
person intends shall not be paid shall be subject
to a
forfeiture and the obligation to make restitution as provided in section (4)
below.
(2) 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 that it
should not be paid.
(a) Proof that, at the time of issuance, the person did
not have an account with 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 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 5 days after receiving notice of non
payment or dishonor to pay the check or other order.
(3) This ordinance does not apply to a postdated or to a
check given for past consideration,
except a payroll check.
(4)
Whoever violates this ordinance may be required to make restitution as provided
in
Section 800.093 of the Wisconsin Statutes
and, in addition, shall be subject to a forfeiture
of not less than $50.00 and not more that
$400.00 together with the costs of prosecution.
(5) This ordinance is intended to be in conformity with
Section 943.24 of the Wisconsin
Statutes
and shall be interpreted consistent with that intent.
__________________________________
_______________________________
Gene F. Ratzel-Chairman Dave Scharlau-Supervisor
_________________________________
_______________________________
Christine M. Webb-Supervisor Dixie Lea Chermack-Supervisor
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Published: December 23, 2004
Jack Meinke-Supervisor
Posted:_____________________ Attested:
_______________________
Lucille J. Peet Barnes Town Clerk