ORD 82-10 UNLAWFUL ISSUANCE OF CHECKS AND ESTABLISHING PUNISHMENTS 1
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ORDINANCE NO. 82-10
AN ORDINANCE DEFINING THE UNLAWFUL ISSUANCE OF
CHECKS OR DRAFTS, DESIGNATING THE SAME TO BE A
CRIME AND ESTABLISHING THE PUNISHMENT THEREOF
AND AMENDING WINSLOW ORDINANCE NO. 77-4,
SECTION 56,060
The City Council of the City of Winslow DO ORDAIN as
follows:
Winslow Ordinance No. 77-4, Section 56,060 is hereby
amended to read as follows:
Section I. Unlawful issuance of check or drafts.
(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 said bank or other
depository, 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 the payment of such check or draft, and the
uttering or delivery of such a 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
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Ordinance 82-10
Page 2
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.
(3) Unlawful issuance of a bank check in an amount of two
hundred fifty dollars or less is a 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 fine of five hundred dollars. Of the fine
imposed, at least fifty dollars shall not be suspended or
deferred. Upon conviction for a second offense within any
twelve-month period, the court may not suspend or defer any
portion of the fine of five hundred dollars.
Section II. This Ordinance shall be deemed effective
five (5) days after publication or posting in a manner provided
by law.
PASSED by the City Council of the City of Winslow this
15th day of April , 1982.
ATTEST:
~' ,.~ ~n~ ~(~ -'
onna
Clerk/Treasurer
Alice B. Tawresey
Mayor
Ordinance 82-10
Page 3
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APPROVED AS TO FOP~I:
Thomas M. Walsh
City Attorney
I do hereby certify this Ordinance was signed by the Mayor this
/~day of d~{'' %j~_ , 1982, and thereafter posted this
Chamber of Commerde~ City Halm. Effective ~/-~~?~ .
nn~'ea~ uxton '~ ~
Clerk/Treasurer