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Ordinance 2347MAE:jt 1/20/83 ORDINANCE NO. 2347 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SECTION 5.17.090 OF THE EDMONDS CITY CODE RELATING TO THE CRIME OF UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS THEREBY SETTING THE FINE FOR SUCH OFFENSE; AND ADDING A NEW SUBSECTION (2) TO SECTION 5.45.020 (F) OF THE EDMONDS CITY CODE RELATING TO PENALTIES. WHEREAS, the Washington State Legislature amended RCW 9A.56.060 by Chapter 138 Laws of 1982, providing for the imposition of a minimum fine of $500 for every conviction of the crime of unlawful issuance of checks or drafts and further provided that $50 of that minimum fine cannot be suspended or deferred upon a first conviction within a twelve month period, and that none of the $500 fine shall be suspended or deferred for any subsequent conviction during a twelve month period, and WHEREAS, the City Council of the City of Edmonds finds that it is in the best interest of the public safety and welfare to adopt a penalty provision for unlawful issuance of checks or drafts which is similar to State law, and WHEREAS, the offense of Unlawful Issuance of Checks or Drafts is currently defined by Section 5.17.090 (A) of the Edmonds City Code to prohibit a person from writing a check for services, merchandise or any other purpose when that person knows that he or she does not have funds sufficient to make that check good and, in fact, intends to defraud and deprive the person receiving such check of valuable services and/or property, and WHEREAS, the City Council does not intend to change the substantive definition of this crime and, rather, intends to modify the penalties to be imposed upon conviction of this crime, and make other nonsubstantive, verbal refinements, now, therefore THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.17.090 of the Edmonds City Code is hereby amended to read as follows: 5.17.090 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS A. Any person who, with intent to defraud, makes, draws, utters or delivers to another person any check, draft or order for the payment of money upon any bank or other depository, knowing at the time of such drawing or delivery that he or she has not sufficient funds in, or credit with, said bank or depository to meet said check in full upon its presentation, is guilty of unlawful issuance of bank check. The word "credit" as used in this section is construed to mean an arrangement or understanding with the bank for the payment of such check, draft or order. B. A person who makes, draws, utters or delivers a check, draft or order to another person, firm or corporation without such fund, credit or against a closed account may be inferred to have acted with intent to defraud. C. The unlawful issuance of checks or drafts is a misdemeanor and shall be punished by a minimum fine of five hundred dollars ($500) and/or impri- sonment in jail for a term not to exceed 180 days; provided, however, that fifty dollars ($50) of such fine imposed shall not be suspended or deferred. Upon conviction of a second offense within any twelve month period, the court shall not suspend or defer any portion of such minimum fine. - 2 - Section 2. A new subsection (2) is hereby added to Section 5.45.020 (F) to read as follows: 2. Section 5.17.090, Unlawful Issuance of Checks or Drafts. Section 3. If any section, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, phrase or word of this ordinance. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENEVVARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: `4 FILED WITH THE CITY CLERK: January 25, 1983 PASSED BY THE CITY COUNCIL: February 1, 1983 POSTED: February 2, 1983 EFFECTIVE DATE: February 7, 1983 - 3 - AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 2 day of February_► 19�3, affiant posted true and correct copies of the attached Ordinance No. 2347► passed by the City Council on the 1 day of February , 1983 at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 2 day of February , 1983. jtl� Aa-�j 61 SUBSCRIBED AND SWORN to before me this day of to Public in and for the State of Washington, residing at Fl2l-c—lvt'-'-'Z- -- / .