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0092 Defrauding 1971ORDINANCE NO. ~. AN ORDINANCE OF THE CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO, MAKING DRAWING OF CHECKS WITHOUT FUNDS, THE DRAWING OF CHECKS WITH INSUFFICIENT FUNDS, A MISDEMEANOR AND ALSO DEFINING INTENT TO DEFRAUD; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, AS FOLLOWS: S~ction 1. Any person who for himself or as the agent or representative of another or as an officer of a corp- oration, willfully, with intent to defraud, shall make or draw or utter or deliver, or cause to be made, drawn or uttered or delivered, any check, draft or order for the payment of money upon any bank or depositary, or person or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker, drawer has no funds in or credit with such bank or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its present- ation, although no express written representation is made with reference themeto, shall be deemed guilty of a misdemeanor. Section 2. As against maker or drawer thereof, the making, drawing or uttering or delivery of such check, draft or order as aforesaid shall be prima facie evidence of intent to defraud and of knowledge of no funds or insufficient funds, as the case may be, in or credit with such bank or depositary, or person or firm, or corporation, for the payme, nt in full of such check, draft or order upon its presentation. The word "credit" as used herein shall be construed to mean an arrangement or an understanding with the bank or depositary, or person, or firm, or corporation upon whom such check, draft or order is drawn for the payment of such check, draft or order. Section 3. This ordinance repeals all ordinances or parts of ordinances in conflict herewith. Section 4. That an emergency is hereby declared to exist and this ordinance shall take effect and be in full force and effect upon its passage, approval and publication as provided by law. The Council of the City of Chubbuck, as provided by law,' by one-half (1/2) plus one (1) of the members of the full Council, dispense with the rule that said ordinance be fully and distinctly read upon three (3) different days. DULY PASSED AND ENACTED this /~J~day of March, 1971. (SEAL) Attest: City Clerk THE CITY OF CHUBBUCK, a Municipal Corporation of Idaho ~-~ohn O. Cotant, J~/. Mayor -2-