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
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