Chapter 9.36
UNLAWFUL ISSUANCE OF CHECKS
Sections:
9.36.010 Drawing check with knowledge of insufficient funds – Credit defined.
9.36.020 Drawing checks, issuing stop payment and failing to arrange settlement.
9.36.030 Failure to make check good within 15 days of notice.
9.36.040 Acting knowingly defined.
9.36.010 Drawing check with knowledge of insufficient funds – Credit defined.
Any person who makes, draws, 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 the bank or other depository to meet the check or draft, in full upon its presentation, shall be guilty of unlawful issuance of a 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 that the issuer knew that he had not sufficient funds in or credit with said bank or other depository. (Ord. 860 NS § 1, 1981).
9.36.020 Drawing checks, issuing stop payment and failing to arrange settlement.
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 and who issues a stop payment order directing the bank or depository on which the check is drawn not to honor the check, and who fails to make payment of money in the amount of the check or draft or otherwise arranges a settlement agreed upon by the holder of the check within 30 days of issuing the check or draft, shall be guilty of unlawful issuance of a bank check. (Ord. 860 NS § 2, 1981).
9.36.030 Failure to make check good within 15 days of notice.
If the offender has an account with the bank or depository, failure to make good the check or other order within 15 days after written notice of nonpayment has been received by the issuer is prima facie evidence that he knew that it would not be paid by the depository. (Ord. 860 NS § 3, 1981).
9.36.040 Acting knowingly defined.
A person knows or acts knowingly or with knowledge when:
A. He is aware of a fact, facts or circumstances or result described by a statute defining an offense; or
B. He has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by a statute defining an offense. (Ord. 860 § 4, 1981).
9.36.050 Violation – Penalty.
Any person convicted of unlawful issuance of a bank check shall be guilty of a gross misdemeanor, and shall be punished by a fine not to exceed $1,000, 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. 860 § 5, 1981).