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BAD CHECKS
Sections:
9.63.010 Definitions.
9.63.020 Issuance of bad check.
9.63.010 Definitions.
The following definitions shall apply to this chapter; unless the context otherwise
requires:
"Check" means a written, unconditional order to pay a sum certain
in money, drawn on a bank, payable on demand, and signed by the drawer. "Check,"
for the purposes of this section only, also includes a negotiable order of withdrawal
and a share draft.
"Drawee" means the bank upon which a check is drawn or a bank, savings
and loan association, industrial bank, or credit union on which a negotiable
order of withdrawal or a share draft is drawn.
"Drawer" means a person, either real or fictitious, whose name appears
on a check as the primary obligor, whether the actual signature be that of himself
or of a person authorized to draw the check on himself.
"Insufficient funds" means not having a sufficient balance in account
with a bank or other drawee for the payment of a check or order when presented
for payment within thirty days after issue.
Issue. A person issues a check when he makes, draws, delivers, or passes it
or causes it to be made, drawn, delivered, or passed.
"Negotiable order of withdrawal" and "share draft" mean
negotiable or transferable instruments drawn on a negotiable order of withdrawal
account or a share draft account, as the case may be, for the purpose of making
payments to third persons or otherwise.
"Negotiable order of withdrawal account" means an account in a bank,
savings and loan association, or industrial bank, and "share draft account"
means an account in a credit union, on which payment of interest or dividends
may be made on a deposit with respect to which the bank, savings and loan association,
or industrial bank or the credit union, as the case may be, may require the
depositor to give notice of an intended withdrawal not less than thirty days
before the withdrawal is made, even though in practice such notice is not required
and the depositor is allowed to make withdrawal by negotiable order of withdrawal
or share draft. (Ord. O-89-24 § 1 (part), 1989).
9.63.020 Issuance of bad check.
A. It is unlawful for any person to issue or pass a check or similar sight order for the payment of less than one thousand dollars, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment of in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
B. It is unlawful for any person to issue or pass two or more checks or similar sight orders within any sixty-day period within the City of Lakewood for the payment of money totaling less than one thousand dollars in the aggregate knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the checks or order as well as all other checks or orders outstanding at the time of issuance.
C. It is unlawful for any person to open a checking account, negotiable order of withdrawal account, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks.
D. This section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for the purposes of this section, the issuer's knowledge of insufficient funds is presumed except in the case of a postdated check or order, if:
1. He has no account upon which the check or order is drawn with the bank or other drawee at the time he issues the check or order; or
2. He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue. (Ord. O-2007-28 § 10, 2007; Ord. O-98-35 § 7&8, 1998; Ord. O-92-32 § 3 & 4, 1992; Ord. O-89-24 § 1 (part), 1989).
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