§ 50-115. Same—Penalty for tendering insufficient funds check or electronic funds transfer in payment of taxes, fees or other charges due city.

(a)

Any person who shall make, draw, utter or deliver any check, draft, money order or electronic funds transfer 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 funds transfer for any reason, except as provided in subsection (b) 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 funds transfer 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 funds transfer, a penalty in the amount set forth in the schedule in subsection (d) of this section for each such check, draft, money order or electronic funds transfer. Such penalty shall be collectible in the same manner as such check, draft money order, or electronic funds transfer, or in the same manner as the obligation for which such check, draft, money order or electronic funds transfer 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.

(b)

No penalty authorized by subsection (a) of this section shall be paid or owed the city when such check, draft, money order or electronic funds transfer is returned to the city or payment denied 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, money order or electronic funds transfer is drawn.

(c)

Electronic funds transfer defined. As used in this section and in section 50-116, the term "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.

(d)

The schedule of penalties is as follows:

Face Amount of Check or Electronic Funds Transfer	Penalty
Less than $100.00	$15.00
Any amount over $100.00	$15.00 plus 2 percent of the face value of the check or electronic funds transfer

 

(Code of Gen. Ords. 1967, § 26.87; Ord. No. 48546, 1-5-78; Ord. No. 920359, 4-16-92; Ord. No. 130044, § 10, 1-31-13)

Cross reference

Administration, ch. 2; licenses and miscellaneous business regulations, ch. 40.