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NO.
15,440
AN ORDINANCE PROVIDING FOR THE
EXPEDIENT COLLECTION AND
PROSECUTION OF HOT CHECKS WRITTEN
TO THE CITY OF LITTLE ROCK.
WHEREAS, a large number of hot checks are written to
various departments in the City of Little Rock, and
WHEREAS, this ordinance will facilitate the expedient
collection of monies owed to the City of Little Rock, by allowing
the prosecution of hot checks in the Little Rock Municipal
Court.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
FOR THE CITY OF LITTLE ROCK.
SECTION 1. It shall be unlawful for any person to procure
any article or thing of value from the City of Little Rock or to
make payment to the City of any taxes, licenses, or fees, or any
fine or court costs, with the intent to defraud, by any check,
draft, or order for the payment of money upon any in -state or
out -of -state bank, person, firm or corporation, knowing at the
time of such making, drawing, uttering, or delivering, that the
maker or drawer has no 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 is prima facie evidence that the maker or
drawer intended to defraud and knew at the time of the making,
drawing, uttering, or delivering that the check, draft, or order
would not be honored if:
(a) The maker or drawer had no account with the
drawee at the time the check, draft, or order was made, drawn,
ttered, or delivered; or
74
D'J-�
1 (b) The check, draft, or order bears the
2 endorsement or stamp of a collecting bank indicating that the
3 instrument was returned because of insufficient funds to cover the
4 value; or
5 (c) Payment was refused by the drawee for lack of
6 funds, upon presentation within thirty (30) days after delivery,
7 and the maker or drawer shall not have paid the City the amount
8 due, together with a service charge not to exceed fifteen dollars
9 ($15.00), within (10) days after receiving written notice that
to payment was refused upon the check, draft, or order. Nothing in
11 this section shall impair the City Attorney's power to immediately
12 file charges after the check has been returned prior to the
13 sending of the notice as described in this section.
14 SECTION 3. The check, draft, or order bearing an
15 "insufficient" stamp or "no account" stamp from the collecting
16 bank shall be received as evidence that there were insufficient
17 funds or no account at trial. Nothing herein shall be deemed to
18 abrogate a defendant's right of cross - examination of banking
19 officials provided notice of intention to cross - examination is
20 given five (5) days prior to the date of hearing or trial.
21 SECTION 4. PENALTIES. Upon a determination of guilt, the
22 penalties shall be a fine of not less than one hundred dollars
23 ($100) nor more than five hundred dollars ($500), or imprisonment
24 of not more than ten (10) days in jail, or both such fine and
25 imprisonment.
26 PASSED: February 16, 1988
27 ATTEST: APPROVED:
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30 jJY ZC�LERK ZCZECH OR LOTTIE SHACK FORD
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