Borough of Barnegat Light, NJ Chapter 72 Checks

[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light: Art. I, 6-10-1974 by Ord. No. 74-4 as Sec. 3-8 of the Revised General Ordinances; Art. II, 7-19-1991 by Ord. No. 91-59 (Sec. 2-22 of the Revised General Ordinances). Amendments noted where applicable.]

Article I Fraudulent Checks

[Adopted 6-10-1974 by Ord. No. 74-4 as Sec. 3-8 of the Revised General Ordinances]

§ 72-1 Issuance prohibited.

It is unlawful for any person, either for himself or as agent or representative of any other person or as an officer or agent of any corporation or as a member of a partnership, with intent to defraud, to make, draw, utter or deliver any check, draft or order for the payment of money in a sum not in excess of $200 upon any bank or other depository, knowing at the time of so doing that the maker, or drawer, has no funds or insufficient funds in or credit with such bank or other depository for the payment in full of such instrument upon its presentation, although no express representation is made in reference thereto.

§ 72-2 Evidence of intention to defraud.

The making, drawing, uttering or delivering of a check, draft or order as stated in the foregoing section shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of the same shall be presumptive evidence that there were no funds or insufficient funds in or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in or credit with such bank or other depository.

§ 72-3 Violations and penalties. [1]

A violation of this article shall be punishable as provided in Chapter 1, General Provisions, § 1-15.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article II Returned Checks

[Adopted 7-19-1991 by Ord. No. 91-59 (Sec. 2-22 of the Revised General Ordinances)]

§ 72-4 Service charge for returned checks.

A. A service charge in the amount of $20 shall be added to any account owing to the borough if payment tendered on the account was by check or other written instrument which was returned for insufficient funds.

B. Whenever an account owing to the borough is for a tax or special assessment, the service charge established by this article shall be included on whatever list of delinquent accounts is prepared for the enforcement of the lien.

C. Any service charge authorized by this article shall be collected in the same manner prescribed by law for the collection of the account for which the check or other written instrument was tendered. In addition, the borough shall require future payments to be tendered in cash or by certified or cashier's check.