HomeMy WebLinkAboutOrd.4608.08-04-2014BILL NO. 14-115
ORDINANCE NO. �Oy
AN ORDINANCE AMENDING SECTION 17-74(b) OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, REGARDING THE PENALTY
FOR PASSING BAD CHECKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 17-74(b) of the Code of Ordinances of
the City of Cape Girardeau, Missouri, relating to "Penalty for
tendering worthless check in payment of charges due city",
reading as follows:
(b) Penalty for tendering worthless check in payment of
charges due city.
(1) Any person who shall make, draw, utter or
deliver any check, draft or money order in
payment of taxes, license fees, service
charges, permit fees or other lawful
obligations due the city, with or without
intent to defraud, which check, draft or
money order for any reason, except as
provided in subsection (2) of this section,
shall be returned to the city unpaid by the
bank or other depository upon which the
check, draft or money order shall have been
drawn, shall pay to the city treasurer or
other officer authorized to receive and
collect payment of such taxes, license fees,
service charges, permit fees or other lawful
obligations due the city, in addition to the
face amount of such check, draft or money
order, a penalty in the amount set forth in
the schedule in subsection (3) of this
section for each such check, draft or money
order. Such penalty shall be collectible in
the same manner as such check, draft or money
order, or in the same manner as the
obligation for which such check, draft or
money order was given the city. Such penalty
shall be in addition to and not in lieu of
any penalty which may be assessed for any
violation of the provisions of section 50-
114.
(2) No penalty authorized by subsection (1) of
this section shall be paid or owed the city
when such check, draft, or money order is
returned to the city because such bank or
other depository upon which the check, draft
or money order shall have been drawn has been
legally closed by any governmental or other
regulatory authority on or after the date
upon which such check, draft or money order
is drawn.
(3) The schedule of penalties is as follows:
Face Amount
Penalty
of Check
Less than $100.00
$20.00
Any amount over $100.00
$20.00 plus two (2) percent of
the face value of the check
i`s:`he"r=eby=�repea-led in its entirety, and a new Section 17-V4(b) of
Chapter 17 of the Code of Ordinances of the City of Cape
Girardeau, Missouri, relating to "Penalty for tendering worthless
check in payment of charges due city", is hereby enacted in lieu,
in words and figures, to read as follows:
(b) Penalty for tendering worthless check or electronic
payment in payment of charges due city.
(1) Any person who shall make, draw, utter or
deliver any check, draft, money order, or
electronic payment in payment of taxes,
license fees, service charges, permit fees or
other lawful obligations due the city, with
or without intent to defraud, which check,
draft, money order, or electronic payment for
any reason, except as provided in subsection
(2) of this section, shall be returned to the
city unpaid by the bank or other depository
upon which the check, draft, money order, or
electronic payment shall have been drawn,
shall pay to the city treasurer or other
officer authorized to receive and collect
payment of such taxes, license fees, service
charges, permit fees or other lawful
obligations due the city, in addition to the
face amount of such check, draft, money
order, or electronic payment, a penalty in
the amount of Twenty-five Dollars ($25.00)
for each such check, draft, money order, or
electronic payment. Such penalty shall be
collectible in the same manner as such check,
draft, money order, or electronic payment, or
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in the same manner as the obligation for
which such check, draft, money order, or
electronic payment was given the city. Such
penalty shall be in addition to and not in
lieu of any penalty which may be assessed for
any violation of the provisions of section
50-114.
(2) No penalty authorized by subsection (1) of
this section shall be paid or owed the city
when such check, draft, money order, or
electronic payment is returned to the city
because such bank or other depository upon
which the check, draft, money order, or
electronic payment shall have been drawn has
been legally closed by any governmental or
other regulatory authority on or after the
date upon which such check, draft, money
order, or electronic payment is drawn.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF 2019.
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Rediger, Mayor
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