HomeMy WebLinkAboutOrdinance 1301 ORDINANCE NO . /ALI -
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AN ORDINANCE ENTITLED THE FAYETTEVILLE HOT CHECK LAW , AND MORE
PARTICULARLY , PROVIDING PENALTIES FOR VARIOUS VIOLATIONS RELATING
TO THE ISSUANCE OF OVERDRAFTS , HOT CHECKS , ETC ,
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE , ARKANSAS :
SECTION 1 . It shall be unlawful for any person to procure any
article or thing of value , or to secure possession of any personal
property to which a lien has attached , or to make payment of any
pre -existing debt or • other obligation of whatsoever form or nature ,
or for any other purpose to make or draw or utter or deliver , with
intent to defraud , any check , draft or order , for the payment of
money , upon any bank , person , firm or corporation , knowing at the
time of such making , drawing , uttering or delivering , that the
maker , or drawer , has not sufficient funds in , or on deposit with ,
such bank , person , firm or corporation , for the payment of such
check , draft or order , in full , and all other checks , drafts or
orders upon such funds then outstanding .
SECTION 2 . It shall be unlawful for any person or persons to
make , draw , utter or deliver , or to cause or direct the making ,
drawing , uttering , or delivering of any check , draft or order for
the payment of money on any bank , person , firm or corporation , in
payment of wages or salaries for personal services rendered , knowing
that the maker , drawer or payor does not have sufficient funds in
or on deposit with such bank , person , firm or corporation , for the
payment in full of such check , draft or order , as well as all other
then outstanding checks , drafts or orders upon such funds , and with
no good reason to believe the check , draft , or order would be paid
upon presentation to the person or bank upon which same was drawn .
SECTION 3 . As against the maker , or drawer thereof , the making
drawing , uttering or delivering of a check , draft or order , payment
of which is refueed by the drawee , shall be prima facie evidence of
intent to defraud and of knowledge of insufficient funds in , or on
deposit with , such bank , person , firm , or corporation , The indorse -
ment or stamp of a collecting bank on any check , whether such check
be drawn on an out-of-state or in -state bank , shall constitute prima
facie evidence of presentment without protest ,
SECTION44 , For the first conviction for a violation of this
Ordinance , in the event the check , draft , or order given on any
bank , person , firm or corporation , is Five Dollars ( $ 5 . 00) or less ,
the punishment shall be a fine not exceeding Two Hundred Dollars
( $ 200 . 00) . For the first conviction for a violation of this Ordin-
ance , in the event the check , draft , or order given on any bank ,
person , firm or corporation , is in excess of Five Dollars ( $ 5 . 00 )
but less than Fifty DoIlars ( $ 50 . 00) , punishment shall be by im-
prisonment in the county jail not exceeding two ( 2 ) years , or by a
fine not exceeding One Thousand Dollars ( $ 1 , 000 . 00 ) , or by both
such fine and imprisonment .
If it be shown on the trial of a case involving a violation of this
Ordinance in which the check , draft , or order given on any bank ,
person , firm , or corporation , is less than Fifty Dollars ( $ 50 . 00) ,
that the defendant has been once befoee convicted of the same offense
MICROFILMID
DATEO` .1918
REELJ�
he shall , on his second conviction , be punished by confinement in
the county jail for not less than thirty ( 30) days nor more than
two ( 2 ) years , and by a fine not exceeding Two Thousand Dollars
( $ 2 , 000 . 00 ) .
If it be shown upon the trial of a case involving a violation of
this Ordinance where the amount of the check , draft , or order is
less than Fifty Dollars ( $ 50 . 00) , that the defendant has two ( 2 )
or more times before been convicted of the same offense , regard-
less of the amount of the check , draft or order involved in the
first two ( 2 ) convictions , upon the third or any subsequent con-
viction , the punishment shall be by confinement in the penitentiary
for not more than ten ( 10) years , and by a fine not exceeding Five
Thousand Dollars ( $ 5 , 000 . 00) .
For a violation of this Ordinance , in the event the amount of the
check , draft or order involved is Fifty Dollars ( $ 50 . 00) , or more ,
punishment shall be by confinement in the penitentiary for not
more than tan ( 10) years , and by a fine not exceeding Ten Thousand
Dollars ( $ 10 , 000 . 00) .
For the purposes of determining the penalty applicable for second
and subsequent violations of this Ordinance , forfeiture of bail
bond on a charge of Violating this Ordinance shall be considered
a conviction .
SECTION 5 . That numerous hot checks and overdrafts have been
issued in the City of Fayetteville , Arkansas , and that it is
necessary to provide an Ordinance to cover these violations ; there -
fore , an emergency is declared to exist , and this Ordinance shall
be in full force and effect from and after its passage and approval .
PASSED AND APPROVED this /'T-//-d day of May , 1962 .
APPROVED :
AYO
GUY E . BtbWN , MAYOR
ATTEST :
46
GEORGE IV, DkVISI CITY CLERK
47
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