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Ordinance #: 12-17-2009
AN ORDINANCE IMPOSING SUITABLE PENALTIES FOR INJURY TO OR FAILURE TO RETURN ITEMS TO THE ELKINS PUBLIC LIBRARY
WHEREAS, A.C.A. $14–55–102 states that a municipal corporation shall have power to make and publish bylaws and ordinances, not inconsistent with the laws of this state, which, as to them, shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of such corporations and the inhabitants thereof; and WHEREAS, the City of Elkins, Arkansas supports the Elkins Public Library; and
WHEREAS, the Elkins Public Library provides a date due receipt for all materials at check out; and
WHEREAS, all patrons of the Elkins Public Library have the responsibility of returning materials they have checked out on or before the date due in as good condition as the materials were at the time of check out.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELKINS, ARKANSAS, THAT:
Section 1. Prohibited Conduct
A. It shall be unlawful for any person or persons to injure, damage, or to fail to return to the Elkins Public Library, Arkansas, after written demand therefor mailed to the last known address of such person or persons, any book, periodical or other property belonging to or held for lending by the Library. Said written demand shall state that demand is being made pursuant to the authority contained in this ordinance and that failure to return the book, periodical or other property specified within ten (10) days from the date shown on said written demand, shall be considered a violation of this ordinance resulting in prosecution;
B. Whether the injured, damaged or missing book, periodical or other property is owned by the Library, shall not be a defense to a prosecution under this ordinance,
Section 2. Penalties Any person violating the provisions of this ordinance shall upon conviction of same be guilty of a misdemeanor and shall be fined in an amount not less than Twenty Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). The Court may also impose restitution in an appropriate amount for any materials injured, damaged or missing.
Section 3. Notices All materials checked out from the Library are checked out for a specified time. Notice of the due date for return of such materials shall be as follows: a) The first notice will be the printed receipt the patron receives at checkout. b) The second notice will be sent following passage of the material‘s due date.
Section 4. Responsibility The parent or legal guardian of a child under 18 years of age will be legally responsible for inured, damaged, lost or overdue items checked out by the child unless the parent or guardian provides Elkins Public Library staff legal documentation that the child was not in their care at the time of check out.
Section 5. Privileges Accounts with overdue fees and/or lost, damaged, or non–returned materials fees of Five Dollars ($5.00) or more may result in the suspension of borrowing privileges until all overdue fees and/or lost, damaged, or non–returned materials fees are paid. Section 6. Effective Date This ordinance shall take effect and be in force from and after its publication.
Passed and approved this 7th day of January, 2010.