Chapter 9.22
UNLAWFUL ISSUANCE OF BANK CHECKS
Sections:
9.22.020 Misdemeanor when $250.00 or less.
9.22.010 Described.
(1) 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, knowing at the time of such drawing, or delivery, that he has not sufficient funds in or credit with such bank or other depository to meet such check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word “credit” as used in this chapter shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
(2) 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 order directing the bank or depository on which the check is drawn not to honor such 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 20 days of issuing such check or draft shall be guilty of unlawful issuance of a bank check. (Ord. 1087 §§ 1, 2, 1996; Ord. 584 § 2, 1979)
9.22.020 Misdemeanor when $250.00 or less.
(1) When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of $250.00 or less because of value, and the series of transactions are a part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all of the transactions shall be the value considered in determining whether the unlawful issuance of a bank check is to be punished as a Class C felony or a gross misdemeanor.
(2) Unlawful issuance of a bank check in an amount greater than $250.00 is a Class C felony.
(3) Unlawful issuance of a bank check in an amount of $250.00 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 $500.00. Of the fine imposed, at least $50.00 shall not be suspended or deferred. Upon conviction for a second offense within any 12-month period, the court may suspend or defer only that portion of the fine which is in excess of $500.00. (Ord. 1087 §§ 3 – 5, 1996; Ord. 584 § 2, 1979)