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HomeMy WebLinkAbout1963-05 10-14 CCO ORDINANCE NO. 63 -5 AN ORDINANCE AMENDING SECTION 19 -601 OF THE VILLAGE ORDINANCES AND REPEALING SECTION 19 -602 OF THE VILLAGE ORDINANCES THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Section 19 -601 of the Village Ordinances is hereby amended to read as follows: Section 19 -601. ISSUANCE OF WORTHLESS CHECK. 1. Definition "Credit" means an arrangement or understanding with the drawee for the payment of the check or other order for the payment of money to which this section applies. 2. Acts Constituting. Whoever issues any check or other order for the payment of money which, at the time of issuance, he intends shall not be paid may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $100.00. 3. Proof of Intent. Any of the following is evidence sufficient to sustain a finding that the person at the time he issued the check or other order for the payment of money, intended it should not be paid (a) Proof that, at the time of issuance, he did not have an account with the drawee; or (b) Proof that, at the time of issuance, he did not have sufficient funds or credit with the drawee and that he failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order: or (c) Proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee and that he failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order. 4. Proof of lack of funds or credit. If the check or other order for the payment of money has been protested, the notice of protest thereof is admissible or proof of presentation, nonpayment, and protest, and is evidence sufficient to sustain a finding that there was a lack of funds or credit with the drawee. 5. Exceptions. This section does not apply to a postdated check or to a check given for a post consideration, except a payroll check. Section 2. Section 19 -602 of the Ordinances of the Village is hereby repealed. Section 3. This ordinance shall be effective from and after its publication. r Mayor Attest: Jerk (SEAL) Passed by the Village Council this 14th day of October 1963.