(1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check or draft in an amount of $250.00 or less, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he or she has not sufficient funds in, or credit with said bank or other depository, to meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
(2) Unlawful issuance of a bank check is a gross misdemeanor. Furthermore:
(a) The court shall order the defendant to make full restitution;
(b) The defendant need not be imprisoned, but the court shall impose a minimum fine of $500.00. Of the fine imposed, at least $50.00 shall not be suspended or deferred. Upon conviction for a second offense within any 12-month period, the Court may suspend or defer only that portion of the fine that is in excess of $500.00. [Ord. 3488 § 3, 2001; Code 1970 § 9.34.070.]