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HomeMy WebLinkAboutOrdinance 1301 ORDINANCE NO . /ALI - NiL.a 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 r, /