HomeMy WebLinkAbout2005-11-07-Ordinance 2556_Criminal Code, Library TheftORDINANCE NO.2556
AN ORDINANCE AMENDING CHAPTER 206 BY REPEALING 206.11-
206.15 AND ENACTING IN LIEU THEREOF §206.11-§206.15 IMPOSING
CRIMINAL VIOLATIONS FOR THE DESTRUCTION OR THEFT OF LIBRARY
PROPERTY AND PROVIDING FOR PARENTAL RESPONSIBILTY FOR THE
MATERIAL CHECKED OUT BY THEIR CHILDREN.
WHEREAS,the City of Waukee §206.11-§206.15 ofthe Waukee Municipal
Code contains provisions which are no longer consistent with Iowa Law,and
WHEREAS,the City of Waukee desires to protect the assets of the library from
destruction and theft in order to assure that Library material is returned and kept in good
condition for use by all citizens of the City of Waukee.
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Waukee
section §206.11 -§206.16 should be and the same is hereby repealed and enacted in lieu
thereof is the following:
§206.11 PARENTAL RESPONSIBILITY FOR LIBRARY MATERIALS.A library
card may be issued to a minor only with the written consent of a parent or guardian on the
minor's application card,granting the minor the privilege of checking out library
materials and equipment.In the event of said authorization,a library card may be issued
to said minor,however,the parent shall be responsible for all materials or property
obtained by the minor through the use of said library card as though the parent had
checked out the material or property themselves.Said parent or guardian shall be
responsible for the return,destruction or loss of said material and be governed by all
laws,rules,regulations and policies associated with any library material or property
checked out by said minor.
§206.12 INJURY TO BOOKS OR PROPERTY.It is unlawful for a person
willfully,maliciously or wantonly to tear,deface,mutilate,injure or destroy,in whole
or in part,any newspaper,periodical,book,map,pamphlet,chart,picture or other
property belonging to the Library or reading room.
(Code of Iowa,Sec.716.1)
§206.13 THEFT.No person shall take possession or control of property of the
Library with the intent to deprive the Library thereof.
(Code of Iowa,Sec.714.1)
§206.14 NOTICE POSTED.There shall be posted in clear public view within the
Library notices informing the public of the following:
1.Failure To Return.Failure to return Library materials for two (2)
months or more after the date the person agreed to return the Library materials,
or failure to return Library equipment for one (1)month or more after the date
the person agreed to return the Library equipment,is evidence of intent to
deprive the owner,provided a reasonable attempt,including the mailing by
restricted certified mail of notice that such material or equipment is overdue
and criminal actions will be taken,has been made to reclaim the materials or
equipment.
(Code of Iowa,Sec.714.5)
I
2.Detention and Search.Persons concealing Library materials may be
detained and searched pursuant to law.
(Code of Iowa,Sec.808.12)
§206.15 VIOLATIONS
Any person who acts in violation of this chapter shall be guilty of a misdemeanor
punishable by fine of not more than $500 or imprisonment for a period of not more than
30 days or shall be guilty of a municipal infraction punishable by a civil penalty and any
other relief deemed appropriate as allowed by Iowa Code §364.22 et seq.(2005)and any
amendments thereto.
Effective Date
The provisions of this Ordinance shall become effective thirty (30)days after publication.
Passed by the Council the 7th day of November 2005,and approved this 7'11 day of
November 2005.
ATTEST:
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Mark J.ArentsffAdminiSh'ator/clerk