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Ordinance 1991-1061
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Ordinance 1991-1061
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Last modified
3/12/2021 10:52:14 AM
Creation date
3/21/2006 2:46:48 PM
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Template:
City Council Records
Doc Type
Ordinance
Signed Date
12/3/1991
Ord/Res - Year
1991
Ord/Res - Number
1061
Recordation Number
1151875
Original Hardcopy Storage
7E3
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ORD 1991-1061
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<br />LJ~;Z <br /> <br />E. "Issue" - A person issues a check when the person makes, <br />draws, delivers or passes it, or causes it to be made, drawn, <br />delivered or passed. <br /> <br />F. "Negotiable order of withdrawal" and "share draft" mean <br />negotiable or transferable instruments drawn on a negotiable <br />order of withdrawal account or a share draft account, as the <br />case may be, for the purposes of making payments to third <br />persons or otherwise. <br /> <br />G. "Negotiable order of withdrawal account" means an account in <br />a bank, savings and loan association, or industrial bank, and <br />"share draft account" means an account in a credit union on <br />which payment of interest or dividends may be made on a <br />deposit with respect to which the bank, savings and loan <br />association, industrial bank, or the credit union, as the case <br />may be, may require the depositor to give notice of an <br />intended withdrawal not less than thirty days before the <br />withdrawal is made, even though in practice such notice is not <br />required and the depositor is allowed to make withdrawal by <br />negotiable order of withdrawal or share draft. <br /> <br />9.92.020 Issue of Check with Intent to Defraud <br /> <br />It shall be unlawful to commit fraud by check. Any person, knowing <br />he or she has insufficient funds with the drawee, who, with intent <br />to defraud, issues a check for the payment of services, wages, <br />salary, commissions, labor, rent, money, property, or other things <br />of value commits fraud by check. This section shall only apply <br />where the fraudulent check was for the sum of less than $300.00, <br />and where the offender has not been twice previously convicted <br />under ~18-5-205, C.R.S., as amended, or a former statute of the <br />state of Colorado of similar content and purport. <br /> <br />9.92.030 Complaint Defined <br /> <br />Any person having acquired rights with respect to a check which is <br />not paid because the drawer has insufficient funds shall have <br />standing to file a complaint for violation of Section 9.92.020, <br />whether or not the person is the payee, holder, or bearer of the <br />check. <br /> <br />9.92.040 Financial Institutions Not Liable for Information <br />Released to Authorities <br /> <br />A bank, a savings and loan association, an industrial bank, or a <br />credit union shall not be civilly or criminally liable for <br />releasing information relating to the drawer's account to a <br />sheriff, deputy sheriff, undersheriff, police officer, Louisville <br />City Attorney, Louisville City prosecuting attorney, or authorized <br />investigator for the City Attorney investigating or prosecuting a <br />charge under this section. <br /> <br />2 <br />
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