1210 - Ordinance - Amending Ordinances 1200 and 1125 Unlawful Issuance of Bank ChecksORDINANCE NO. 1210;/
AN ORDINANCE OF THE CITY OF PORT ORCHARD
AMENDING ORDINANCE NO. 1200 AND ORDINANCE
NO. 1125 SUBSECTION 2 TO AMEND THE PORT
ORCHARD MUNICIPAL CODE SECTION NUMBER
THE COUNCIL OF THE CITY OF PORT ORCHARD DO ORDAIN
AS FOLLOWS:
Section 1. Ordinance No. 1200 and Ordinance No.
11.25 subsection 2 (Port Orchard Muncipal Code 9.16.050)
is amended to read as follows:
9.28.090 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
dank or other depository for payment of such check or draft,
.and the uttering or delivery of such
check or draft
the raftsamto shallbe
person without such funds or credit t
prima facie evidence of intent to defraud.
(B) Any person who shall with intent to defraud,
make or drag, 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 bank 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 tranact;ons
shall be the value considered in determining whether the
i,!nlawful issuance of a bank check has been committed.
(D) Unlawful issuance of a bank check in the
Q amount of Two Hundred Fifty Dollars ($250) or less is a
gross misdemeanor and shall be punished as follows:
(1) The Court shall order the defendant to make
full restitution.
(2) There shall be a mimimum fine of Five
Hundred Dollard ($500) imposed upon a first offense, of
the fine imposed, at least fifty dollars ($50) shall not
be suspended or deferred. Upon each subsequent offense
within a miniumum of any twelve month period, the court
may suspend or defer only that portion of the fine which is
in excess of five hundred dollars.
PASSED by the City Council of the City of Port
Orchard and APPROVED by the Mayor this 13th dayof September,
1982.
4A UL D. POWERS, J{t., MAYUK
ATTEST:
R. G. Lloyd, City Clerk
APPROVED AS TO FORM:
City Attorney