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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 -2 "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