Chapter 8.50
UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS
Sections:
8.50.010 Issuance with knowledge of insufficient funds-Credit defined.
8.50.020 Stop-payment orders and failure to settle prohibited when.
8.50.030 Failure to make good-Evidence of intent.
8.50.040 Persons deemed to act with knowledge when.
8.50.060 Violation-Service charge assessed.
8.50.010 Issuance with knowledge of insufficient funds-credit defined.
(a) Any person who makes, or draws, or utters or delivers to another person any check or draft on a bank or other depository for the payment of money, knowing at the time of such drawing or delivery that he 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 a bank check.
(b) The word “credit,” as used herein, means 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 that the issuer knew that he had not sufficient funds in or credit with said bank or other depository. (Ord. 868 § 1, 1984)
8.50.020 Stop-payment orders and failure to settle prohibited when.
Any person who, with intent to defraud, makes, or draws, or utters, or delivers to another person any check or draft on a bank or other depository for the payment of money, and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft, or otherwise arrange a settlement agreed upon by the holder of the check within thirty days of issuing said check or draft, shall be guilty of unlawful issuance of a bank check. (Ord. 868 § 2, 1984)
8.50.030 Failure to make good-evidence of intent.
If the offender has an account with the bank or depository, failure to make good the check or other order within fifteen days after written notice of nonpayment has been received by the issuer is prima facie evidence that be knew that it would not be paid by the depository. (Ord. 868 § 3, 1984)
8.50.040 Persons deemed to act with knowledge when.
A person knows or acts knowingly or with knowledge when:
(1) He is aware of a fact, facts or circumstances or result described by a statute defining an offense; or
(2) He has information which would lead a reason able man in the same situation to believe that facts exist which facts are described by a statute defining an offense. (Ord. 868 § 4, 1984)
8.50.050 Violation-penalty.
Any person convicted of unlawful issuance of a bank check shall be guilty of a gross misdemeanor, shall be punished by a fine not to exceed one thousand dollars, or be imprisoned in the county jail for any term not to exceed one year, or both. Further, upon conviction of the crime of unlawful issuance of a bank check, the offender shall be punished by imprisonment in jail for a term not less than two days, which term shall not be suspended unless found to be injurious to the health of the offender. (Ord. 868 § 5, 1984)
8.50.060 Violation-service charge assessed.
Anyone found guilty of the unlawful issuance of a bank check or draft shall be assessed a twenty-five-dollar service charge, in addition to the regular court charges as followed by this chapter. This assessment shall go into the general fund of the city and shall be used to cover the processing expenses normally incurred. (Ord. 929, 1986: Ord. 868 § 8, 1984)