Chapter 9.30
UNLAWFUL CHECKS AND DRAFTS

Sections:

9.30.010    Offense designated.

9.30.020    Violation—Penalty.

9.30.010 Offense designated.

A.    Any person who, with intent to defraud, makes, draws, utters or delivers to another person any check or draft on a bank or other depository for the payment of money, known 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, is guilty of unlawful issuance of a bank check. The word “credit,” as used in this section 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 a check or draft to another person without such funds or credit to meet the same shall be prima facie evidence of an intent to defraud.

B.    Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money, and who issues a stop payment 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 twenty days of issuing said check or draft shall be guilty of unlawful issuance of a bank check. (Ord. 97-844 § 17 (part), 1997: Ord. 453 § 18, 1982)

9.30.020 Violation—Penalty.

Unlawful issuance of a bank check in an amount of two hundred fifty dollars or less is a gross misdemeanor and shall be punished as follows:

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 five hundred dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction of a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of five hundred dollars. (Ord. 97-844 § 17 (part), 1997: Ord. 453 § 19, 1982)