[HISTORY: Adopted by the Common Council of the City of Arcadia 1-14-1993 by Ord. No.
168. Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the
provisions of § 943.24, Wis. Stats., describing and defining
regulations with respect to the issuance of worthless checks, exclusive
of any provisions therein relating to penalties to be imposed, are
hereby adopted and by reference made a part of this chapter as if
fully set forth herein. Any act required to be performed or prohibited
by any statute incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions, or modifications
of the statutes incorporated herein are intended to be made part of
this chapter in order to secure uniform statewide regulation of the
issuance of worthless checks.
Whoever issues any check or other order for the payment of money which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this chapter. Any person who violates this section shall pay the penalty set out in § 177-4 hereof.
A.
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:
(1)
Proof that, at the time of issuance, the person did not have an account
with the drawee;
(2)
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
(3)
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.
B.
This chapter does not apply to a postdated check or to a check given
for a past consideration, except a payroll check.
The penalty for violation of any provisions of this chapter
shall be a forfeiture of not more than $100 together with payment
of the penalty assessment imposed by § 757.05, Wis. Stats.,
the jail assessment imposed by § 302.46(1), Wis. Stats.,
and the costs of prosecution as prescribed in § 814.65(1),
Wis. Stats. In addition, the Municipal Court may order the violator
to pay restitution as prescribed in § 800.093, Wis. Stats.
If the violator does not comply with the judgment of the Court, the
Court may imprison the violator in the county jail until the forfeiture,
assessments and costs are paid, except that the period of imprisonment
may not exceed 90 days, or suspend the violator's operating privilege,
as defined in § 340.01(40), Wis. Stats., until the violator
has complied with the judgment of the Court, except that the suspension
period may not exceed five years.[1]
