§ 7. LIBRARY

A.

LIBRARY ESTABLISHED

A library department is hereby created within the frame-work of the governmental organization of the City of Santa Fe, Texas, which shall be known as the Mae S. Bruce Library, and it shall function according to the laws of the State of Texas, the ordinances of the City of Santa Fe, the policies adopted by resolution of the City Council, and the provisions of this Section.

(Ordinance No. 10-2010 of August 26, 2010, Sec. 1)

B.

GIFTS AND DONATIONS

The City of Santa Fe hereby accepts gifts and donations made for the Mae S. Bruce Library in accordance with the Gift Policy adopted by resolution of the City Council, with grateful thanks to the donors, and it is ordained that such donations, together with such additions as may be made from time to time, shall constitute and form the assets of the Mae S. Bruce Library.

(Ordinance No. 10-2010 of August 26, 2010, Sec. 1)

C.

LIBRARY ADVISORY BOARD CREATED

There is hereby created and established within and for the City of Santa Fe, Texas, a Mae S. Bruce Library Advisory Board consisting of five (5) regular members and one (1) alternate member who shall be appointed by the City Council and shall hold office at the pleasure of the City Council. Library advisory board members may be removed by the City Council with or without cause, and members should be removed from the board if unable to attend any two (2) of the quarterly meetings per calendar year. Three (3) members shall constitute a quorum to conduct business.

(Ordinance No. 18-2004 of July 8, 2004, Sec. 1)

D.

TERMS OF LIBRARY ADVISORY BOARD

(1)

Each appointed member of the Board shall hold that office for a period of two (2) years or until their successor takes office.

(2)

Board members shall be assigned to a specific position designated Position 1 through Position 5, and Alternate 1. During the transitional phase from nine (9) members to five (5) members, Positions 1, 3, and 5 shall be appointed for a one-year term to expire July, 2005, with two-year terms thereafter. Positions 2, 4, and Alternate 1 shall be appointed for a two-year term to expire July, 2006, with two-year terms thereafter.

(3)

Appointment to vacancies shall be for the unexpired term of the position to which the appointment is made.

(Ordinance No. 18-2004 of July 8, 2004, Sec. 1)

E.

FUTURE DEVELOPMENT PLANS

The Mae S. Bruce Library Advisory Board shall make studies and project plans for the improvement of the library with a view to its future development and extension, so as to ensure orderly growth of the Mae S. Bruce Library.

F.

THEFT OF AND FAILURE TO RETURN LIBRARY MATERIALS

(1)

Definitions.

For the purposes of this section, the following definitions shall apply:

Library facility includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.

Library material includes any book plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.

Premises of a library facility means the interior of a building, structure or other enclosure in which a library facility is located and in which the library facility keeps, displays, or makes available for inspection or borrowing library material.

Library card means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card.

(2)

Library Theft

A person commits the offense of library theft when he or she does any of the following acts:

a.

knowingly and intentionally removes any library material from the premises of a library facility without authority to do so; or

b.

knowingly and intentionally conceals any library material upon his or her person or among his or her belongings, while still in the premises of a library facility and in such a manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes such library material beyond the last point in the premises of that library facility at which library material may be borrowed in accordance with procedures established by that library facility for the borrowing of library material; or

c.

with the intent to deceive, borrows or attempts to borrow any library material from a library facility by use of a library card issued to another without the other's consent, use of a library card knowing that it is revoked, cancelled or expired, or use of a library card knowing that it is falsely made, counterfeit or materially altered; or

d.

checks out or borrows any library material and fails to return the library material within 10 days after receiving written notice from the library facility demanding the return of such library material.

(3)

Failure to Return Library Materials

No person shall be charged with Library Theft unless such person is provided written notice signed by a library official, agent or employee setting forth at least the following:

a.

A reasonable description of the library materials;

b.

The date the library materials were removed from the library;

c.

The date that the library materials were due to be returned;

d.

The final date by which the library materials are to be returned; and

e.

The statement that, "Your failure to comply with the demands of this notice will subject you to being prosecuted for a violation of Chapter 7, Section 7, Subsection F, of the Code of Ordinances of the City of Santa Fe, Texas, and upon conviction, a penalty of $25.00 to $300.00 for the first offense and $100.00 to $500.00 for a second or subsequent offense within three (3) years of the first offense, reimbursement to the library of the replacement costs of the materials lost, mutilated, or vandalized, and other pecuniary losses, payment of all court costs, and possible revocation of borrowing privileges.

(4)

Mutilation or Vandalism of Library Materials

A person commits the offense of mutilation or vandalism of library materials when the library materials are returned with tears, marks, defacement, disfigurement, or soils which damages or destroys the library materials, wholly or partially, making the material unsuitable for its intended purpose.

(5)

Penalties

Any person who violations any provision of this subsection shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to:

a.

a penalty of $25.00 to $300.00 for the first offense and $100.00 to $500.00 for a second or subsequent offense within three (3) years of the first offense; and

b.

reimbursement to the library of the replacement costs of the materials lost and other pecuniary losses;

c.

payment of all court costs; and

d.

possible revocation of borrowing privileges.

For the purposes of this section, an offense by a minor shall be imputed to the parent or legal guardian having control and custody of the minor.

(6)

Posting of Warning

The library facility shall post a copy of this section at a location adjacent to each entrance to the premises of the library facility and at each point in the premises of the library facility at which the borrowing of library material occurs.

(Ordinance No. 16-99 of July 8, 1999; Ordinance No. 19-2008 of September 25, 2008, Sec. 1)