[Ord. No. 111,
§ 2, eff. 4-18-1997]
This article is adopted pursuant to and in accordance with Public
Act No. 246 of 1945 (MCL 41.181 et seq., MSA 5.45(1) et seq.) and
Public Act No. 315 of 1994 (MCL 41.181 et seq., MSA 5.45(1) et seq.)
as amended.
[Ord. No. 111,
§ 3, eff. 4-18-1997]
The purpose of this article is to protect the public health,
safety and general welfare of persons and property owners in the township
by prohibiting the drawing of checks without sufficient funds and
by alleviating the increased financial and operational burden placed
on the township and the township police department, by persons who
place dishonored checks into the stream of commerce.
[Ord. No. 111,
§ 4, eff. 4-18-1997]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The address that appears on the check or the last known address
of record of the maker or a check that is recorded with the secretary
of state at the time the check was presented for payment of money,
goods or services.
Any check, draft or order for the payment of money, to apply
on account or otherwise, upon any bank or other depository.
Any check, draft or order drawn or written on any account or
otherwise, upon any bank or other depository, without sufficient funds
for payment when presentment is made to the payee; and/or
Any check, draft or order drawn or written on any account which
has been closed with or by the bank or other depository upon which
it is drawn; and/or
Any check, draft or order drawn or written on any account for
stop payment, any bank administrative purpose or any other reason
that caused the check to become dishonored when presentation was made
to the payee; except:
The direct and reasonable cost incurred by the township or
its entities or to a private person or corporation at the request
or direction of the township when responding to a reported dishonored
check, including the cost of providing police, township attorney and/or
administrative services in response to any reported dishonored check.
These costs further include all of the salaries and wages of the township
personnel and/or contractors engaged in investigation, supervision
and report preparation, and all costs connected with the administration
and provision of any prosecution of the person responsible for the
dishonored check, except actual court costs which may be levied at
the courts discretion.
A person, business, organization, partnership, company, or
corporation who is the maker, drawer or writer of a check.
A person, business, organization, partnership, company, or
corporation to whom a check is presented for payment, or is requested
to pay the amount of money therein mentioned.
To make, draw, utter or deliver a check.
The making, drawing, uttering or delivering of a check.
A check has been refused for payment or acceptance by a bank
or other depository.
[Ord. No. 111,
§ 5, eff. 4-18-1997]
(a)
Checks drawn without sufficient funds. It shall be unlawful for any
person to, with the intent to defraud:
(1)
Make, draw, utter or deliver any check, draft or order for the
payment of money, to apply on account or otherwise, upon any bank
or other depository, knowing at the time of the making, drawing, uttering
or delivering that the maker does not have sufficient funds in or
credit with the bank or other depository, for the payment of the check,
draft, or order in full upon its presentation, of the amount payable
in such check, draft or order in any amount; and/or
(2)
Make, draw, utter or deliver any check, draft or order for the
payment of money, to apply on account or otherwise, upon any bank
or other depository, if at the time of making, drawing, uttering,
or delivering the check, draft or order he does not have an account
in, or credit with the bank or other depository, for the payment of
the check, draft, or order upon presentation; and/or
(3)
Make, draw, utter or deliver any check, draft or order for the
payment of money, to apply on account or otherwise, upon any bank
or other depository, unless the person has sufficient funds for payment
for same when presentment is due to the payee in any amount, except
where the lack of funds is due to garnishment, attachment, levy, or
other lawful cause, and such fact was not known to the person who
made, drew, uttered or delivered the instrument at the time of so
doing.
(b)
Prima facie evidence.
(1)
The making, drawing, uttering or delivering, of a check, draft
or order, payment of which is refused by the drawee, when presented
in the usual course of business, shall be prima facie evidence of
intent to defraud and of knowledge of insufficient funds in or credit
with such bank or other, depository, provided such maker or drawer
shall not have paid the drawee thereof the amount due thereon, together
with all cost and protest fees, within five business days after receiving
notice by first class mail that such check, draft, or order has not
been paid by the drawee.
(2)
When such check, draft or order is protested on the grounds
of insufficiency of funds or credit, the notice of protest thereof
shall be admissible as proof of presentation, nonpayment and protest,
and shall be prima facie evidence of intent to defraud and knowledge
of insufficient funds or credit with such bank or other depository.
[Ord. No. 111,
§ 6, eff. 4-18-1997]
The penalty for a person convicted of violating this article shall be a fine as provided in section 1-11. Each act shall constitute a violation, and every day upon which any such violation shall occur constitutes a separate offense.
[Ord. No. 111,
§ 7, eff. 4-18-1997]
(a)
Person responsible. Any person is liable for the expense of a dishonored
check response, if such person, with the intent to defraud, makes,
draws, utters, or delivers any dishonored check which proximately
causes a dishonored check response.
(b)
Presumption. For the purpose of this article, a person is presumed
to have acted with the intent to defraud if the person failed to pay
the payee the amount due, together with all costs and protest fees,
including the fees assessed under this article, within five business
days after receiving notice by first class mail to the last known
address of record that such check, draft, or order has not been paid
by the drawee.
(c)
Charges against a person. The expense of a dishonored check response
shall be a charge against the person liable for the expense under
this article. The charge constitutes a debt of that person and is
collectible by the township for incurring those costs in the same
manner as in the case of an obligation under a contract, expressed
or implied.
(d)
Cost recovery schedule. The township board shall, by resolution,
adopt a schedule of costs associated with the expense of a dishonored
check response. This schedule shall be available to the public from
the township clerk, treasurer, or police department.
(e)
Billing. The township supervisor, or his designee, may submit a bill
for the dishonored check response by first class mail to the last
known address of record, or personal service to the person liable
for the expenses as enumerated under this article. The bill shall
require full payment within 30 consecutive days from the date of service.
Service by mail shall be effective upon depositing the bill in a United
States Postal Service receptacle. In no event shall billing be permitted
after one year from the last expense incurred.
(f)
Failure to pay. Any failure by the person described in this article
as liable for the expense of a dishonored check response, to pay the
bill within 30 consecutive days of service shall be considered a default.
In case of a default, the township may commence civil suit to recover
the expenses and any costs allowed by law.
