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<br />Lj~ <br /> <br />9.92.050 Permissible Inference Defined <br /> <br />This section does not relieve the prosecution from the necessity of <br />establishing the required culpable mental state. However, for the <br />purposes of this section, there exists a permissible inference of <br />the issuer's knowledge of insufficient funds, except in the case of <br />a postdated check or order, if: <br /> <br />A. The issuer has no account upon which the check or order is <br />drawn with the bank or other drawee at the time the person <br />issues the check or order; or <br /> <br />B. The issuer has insufficient funds upon deposit with the bank <br />or other drawee to pay the check or order, on presentation <br />within thirty days after issue. <br /> <br />9.92.060 violation -- Penalty <br /> <br />A. Any person who violates Section 9.92.020 shall be subject to <br />the penalty provided in Section 1.28.010. <br /> <br />B. If deferred prosecution or judgment is ordered, the Court, as <br />a condition thereof, may require the defendant to make <br />restitution on all checks issued by the defendant which are <br />unpaid as of the date of commencement of the deferral in <br />addition to other terms and conditions appropriate for the <br />treatment or rehabilitation of the defendant. <br /> <br />"--7'7, " .IN:;t'RODUCED, READ AND ORDERED PUBLISHED this /9/~ <br />(,.,1 7}...tnJ.,,{.i'L I , 19 9 1. <br /> <br />day of <br /> <br /> <br />~~I~ <br /> <br />Herman Fauson, Mayor <br /> <br />APPROVED AS TO FORM: <br /> <br />~~ <br />Griffiths & Tano <br />City Attor <br /> <br /> <br />3 <br />