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2009/08/05 Council Agenda Packet
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2009/08/05 Council Agenda Packet
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Council Agenda Packet
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8/5/2009
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1 <br /> O. "Parking area"means a parking lot or other property provided by retailers for use by a <br /> customer for parking an automobile or other vehicle. <br /> Section 3: Section 52 of Ordinance 1145-85, as amended during 1/88 supplement(EMC <br /> 10.56.030).which reads as follows: <br /> Theft. <br /> A. A person is guilty of theft if he commits theft of property or services which does not exceed <br /> two hundred fifty dollars in value. <br /> B. Theft is a gross misdemeanor. <br /> Is hereby amended to read as follows: <br /> Theft. <br /> A. A person is guilty of theft if he or she commits theft of property or services which does not <br /> exceed two seven hundred fifty dollars in value. <br /> B. Theft is a gross misdemeanor. <br /> Section 4: Section 56 of Ordinance 1145-85, as amended during 1/88 supplement(EMC <br /> 10.56.100),which reads as follows: <br /> Unlawful issuance of checks or drafts. <br /> A. Any person who shall with intent to defraud,make, or draw, or utter, or deliver to another <br /> person any check,or draft, on a bank or other depository for the payment of money in an amount <br /> of two hundred fifty dollars or less, knowing at the time of such drawing,or delivery, that he has <br /> not sufficient funds in, or credit with said bank or other depository,to meet said check or draft, <br /> in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word <br /> "credit" as used herein shall be construed to mean an arrangement or understanding with the <br /> bank or other depository for the payment of such check or draft, and the uttering or delivering of <br /> such a check or draft to another person without such fund or credit to meet the same shall be <br /> prima facie evidence of an intent to defraud. <br /> B. Any person who shall with intent to defraud,make,or draw,or utter, or deliver to another <br /> person any check,or draft on a bank or other depository for the payment of money and who <br /> issues a stop-payment order directing the bank or depository on which the check is drawn not to <br /> honor said check, and who fails to make payment of money in the amount of the check or draft <br /> or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of <br /> issuing said check or draft shall be guilty of unlawful issuance of a bank check. <br /> C. Unlawful issuance of a bank check is a gross misdemeanor and shall be punished as follows: <br /> 1. The court shall order the defendant to make full restitution; <br /> 2. The defendant need not be imprisoned,but the court shall impose a minimum fine of <br /> five hundred dollars. Of the fine imposed,at least fifty dollars shall not be suspended or <br /> 3g <br />
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