1200 - Ordinance - Amending Ordinance 1125 Unlawful Issuance of Bank Check111b jD/1'2 ORDINANCE NO 1200
AN ORDINANCE OF THE CITY OF PORT ORCHARD
AMENDING ORDINANCE NO. 1125 SUBSECTION 2
BY ADDING A NEW SECTION UNLAWFUL ISSUANCE
OF BANK CHECK (Port Orchard Municipal
Code 9.16.050)
THE COUNCIL OF THE CITY OF PORT ORCHARD DO
ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1125, Subsection 2,
(Municipal Code Chapter 9.16) is hereby amended as follows:
9.16.050 UNLAWFUL ISSUANCE OF BANK CHECK:
(A) Any person who shall with intent to defraud,
make or draw, or utter, or deliver to another person any
check, or draft, or 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 depositor, to meet said check or draft, in full upon
its presentation, shall be guilty of unlawful issuance of
bank check. The word "credit" as used herein shall be
construed to mean an arrangement or understanding with the
bank or other depository for payment of such check or draft,
and the uttering or delivery of such check or draft to another
person without such funds or credit to meet the same shall be
prima facie evidence of 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 order directing the
bank or depository on which the check is drawn not to honor
said check, and who fails to make payment or money in the
amount of the check or draft or otherwise arrange a settlement
agreed upon by the holder of the check within twenty (20) days
of issuing said check or draft shall be guilty of unlawful
issuance of a bank check.
(C) When any series of transactions which
constitute unlawful issuance of a hank check would then be
considered separately, constitute unlawful issuance of a bank
check in an amount of two hundred fifty dollars ($250) or less
because of value, and the series of transactions a part of a
common scheme or plan, the transactions may be aggregated in
one count and the sum of the value of all the transactions
shall be the value considered in determining whether the
unlawful issuance of a bank check has been committed.
Ordinance No. 1200
Page Two
(D) Unlawful issuance of a bank check in the
amount of two hundred fifty dollars ($250) or less is a
misdemeanor and shall be punished as follows:
(1) The Court shall, order the defc—idant to make
full restitution.
(2) There shall be a maximum fine of $500.00
imposed upon a first offense. Upon each subsequent offense
within a minimum of any twelve month period, a fine in the
amount of one hundred dollars ($100) shall be imposed and
no Dart of such fine shall be suspended or deferred.
PASSED by the City Council of the City of Port
-ek
Orchard and APPROVED by the Mayor this lC'~' e,ay of �, f°
1982.
V g4 All
__
PAUL D. POSVER, JJR. , MAYOR
Attest:
G. Lloyd, City Clem
APPROVED AS TO FORM:
City Attorney