19771101 1977-34ORDINANCE No. 1977-34
AN ORDINANCE AMENDING CHAPTER 14
OF THE FAIRFAX CITY CODE
TO PROVIDE FOR A NEW SECTION 14-16.3
IT IS HEREBY ORDAINED by the City Council of the City of
Fairfax, Virginia, that Chapter 14 of the Code of the City of
Fairfax be, and the same hereby is, amended to provide for a new
Section 14-16.3, which will read in its entirety as follows:
"Sec. 14-16.3. Issuance of bad check prima facie evidence of
intent and knowledgi~; notice by certified
or registered mail.
"In any prosecution or action under the preceding sections
14-16.1 or 14-16.2, the making or drawing or uttering or delivery
of a check, draft, or order, payment of which is refused by the
drawee because of lack of funds or credit shall be prima facie
evidence of intent to defraud or of knowledge of insufficient
funds in, or credit with, such bank, banking institution, trust
company or other depository unless such maker or drawer, or some-
one for him, shall have paid the holder thereof the amount due
thereon, together with interest, and protest fees (if any), within
five days after receiving written notice that such check, draft,
or order haS not been paid to the holder thereof. Notice mailed
by certified or registered mail, evidenced by return receipt, to
the last known address of the maker or drawer shall be deemed
sufficient and equivalent to notice having been received by the
maker or drawer.
"If such check, draft or order shows on its face a printed
or written address, home, office, or otherwise, of the maker or
drawer, then the foregoing notice, when sent by certified or
registered mail to such address, with or without return receipt
requested, shall he deemed sufficient and equivalent to notice
having been received by the maker or drawer, whether such notice
shall be returned undelivered or not.
1977-34
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"When a check is drawn on a bank in which the maker or drawer
has no account, it shall be presumed that such check was issued
with intent to defraud, and the five-day notice set forth above
shall not be required in such case."
This ordinance shall become effective immediately upon its
adoption.
Introduced: October 18, 1977
Adopted: November 1, 1977
Attest:
- ~ty ~lerk