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HomeMy WebLinkAbout2781 OrdinanceORDINANCE NO. 2781 AN ORDINANCE regarding the unlawful issuance of bank checks; and amending Section 9.32.060 of the Pasco Municipal Code. WHEREAS, the current version of PMC 9.32.060 regarding the crime of unlawful issuance of a bank check provides for a penalty upon conviction less severe than that mandated by state law for the same crime with the same elements; and WHEREAS, the state appellate court decisions in recent years have provided that where such differences occur a defendant's right to equal protection of the laws is violated, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PMC 9.32.060 is hereby amended (additions are shown by underlining and deletions by interlineation) to read as follows: 9.32.060 UNLAWFUL ISSUANCE OF BANK CHECK. (1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, in an amount of $250 or less, 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 his 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 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) Unlawful issuance of a bank check is a gross misdemeanor punishable lay-the-maximum-penaity-ef-a E±me--ef--f±ve-hundred-deliars as provided for in PMC 1.01.130. Ne--/a±i--pemaity--shaii--be--±mpesed--fer-a eenv±et±em---ef--unlawfui--±ssuanee--ef--a--bank--eheek Furthermore: (a) the court shall order the defendant to make full restitution; (b) the defendant need not be imprisoned, but the court shall impose a minimum fine of $500. Of the fine imposed, at least $50 shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of $500. Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council and APPROVED by the Mayor this day of June, 1990. ACKSON,- ayor // ATTEST: APPROVED AS TO FORM: WELLS, City Clerk (a i GREG . RUBSTELLO,' City A torney June 5, 1990 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2781 on the following date: June 8, 1990 Please send two (2) Affidavits of Publication. Since)re-ly, ;(. Evelyn Wells City Clerk ew