19801217 1980-26ORDINANCE No. 1980-26
AN ORDINANCE AMENDING SECTIONS 14-14.1 and 14-14.2 OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA.
BE IT ORDAINED by the Council of the City of Fairfax,
Virginia that Sections 14-14.1 and 14-14.2 of the Code of the
City of Fairfax, Virginia be and the same are hereby amended as
follows:
1. Section 14-14.1 is amended to read in its entirety as
follows:
"Sec. 14-14.1. Issuing bad checks, etc., larceny.
Any person who, with intent to defraud, shall make or draw
or utter or deliver any check, draft, or order for the payment
of money in the amount of less than two hundred dollars ($200.00)
upon any bank, banking institution, trust company, or other
depository, knowing at the time of such making, drawing, uttering
or delivering, that the maker or drawer has not sufficient funds
in, or credit with, such bank, banking institution, trust company
or other depository, for the payment of such check, draft or
order, although no express representation is made in reference
thereto, shall be guilty of petit larceny.
Petit larceny shall be punishable as a Class 1 misdemeanor.
The word "credit" as used herein, shall be construed to mean
any arrangement or understanding with the bank, trust company, or
other depository for the payment of such check, draft or order.
Any person making, drawing, uttering or delivering any such
check, draft or order in payment as.a present consideration for
goods or services for the purposes set out in this section shall
be guilty as provided herein."
2. Section 14-14.2 is amended to read in its entirety as
follows:
"Sec.
14-14.2. Same--On behalf of business firm or corporation
in payment of wages.
Any person who shall make, draw, utter or deliver any check,
draft or order for the payment of money in the amount of less
than two hundred dollars ($200.00) upon any bank, banking
institution, trust company or other depository on behalf of
any business firm or corporation, for the purpose of paying
wages to any employee of such firm or corporation, or for the
purpose of paying for any labor performed by any person for such
firm or corporation, knowing, at the time of such making, drawing,
uttering or delivering, that the account upon which such check,
draft or order is drawn has not sufficient funds, or credit with,
such bank, banking institution, trust company or other depository,
for the payment of such check, draft or order, although no express
representation is made thereto, shall be guilty of a Class 1
misdemeanor.
". 1980-26 -2
The word "credit" as used herein, shall be constrUed to
mean any arrangement or understanding with the bank, banking
institution, trust company or other depository for the payment
of such check, draft or order.
In addition to the criminal penalty set forth herein, such
person shall be personally liable in any civil action brought
upon such check, draft or order."
This ordinance shall become effective immediately upon
adoption.
Introduced:
Adopted:
December 2, 1980
December 17, 1980
Attest:
Mayor