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1J <br /> deferred. Upon conviction for a second offense within any twelve-month period,the court <br /> may suspend or defer only that portion of the fine which is m excess of five hundred <br /> dollars. <br /> Is hereby amended to read as follows; <br /> Unlawful issuance of checks or drafts. <br /> A. Any person who shall with intent to defraud,make, or draw,rir 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 /> : - ,knowing at the time of such drawing, or delivery,that he or <br /> she has not sufficient funds in, or credit with said the bank or other depository,to meet said the <br /> check or draft,in full upon its presentation,shall-be is guilty of unlawful issuance of bank check. <br /> The word"credit"as used herein shall be construed to mean an arrangement or understanding <br /> with the bank or other depository for the.payment of such check or draft,and the uttering or <br /> delivering of such a check or draft to another person without such fund or credit to meet the same <br /> shall be 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 moneyand who <br /> issues a stop-payment order directing the bank or depository on which the check is drawn not to <br /> honor said the check,and who fails to make payment of money in the amount of the check or <br /> draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty <br /> days of issuing said the check or draft shame is guilty of unlawful issuance of a bank check. <br /> C. Unlawful issuance of a bank check m an amount of seven hundred fifty dollars or less is a <br /> 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 up to one thousand one hundred twenty-five dollars.:Of the fine imposed, at least <br /> fifty three hundred seventy-five dollars or an amount equal to one hundred fifty percent <br /> of the amount of the bank check,whichever is greater,shall not be suspended or deferred. <br /> Upon conviction for a second offense within any.twelve-month period,the court may not <br /> suspend or defer enly-that any portion of the fine .. . . <br /> mss. <br /> Son,5- Section 2 of Ordinance 2270-98, as amended by Section 1 of Ordinance 3029-07 <br /> (EMC 10.56.1.80),which reads as follows: <br /> Theft of rental,leased,lease-purchased or loaned property. <br /> A. A person who,with intent to deprive the owner or owner's agent,wrongfully obtains, or <br /> exerts unauthorized control over,or by color or aid of deception gains control of personal <br /> property that isrented,leased,or loaned by written agreement to the person is guilty of theft of <br /> rental,leased,lease-purchased;or loaned property. <br /> 8 <br /> 37 <br />