[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 3-10-1981 (Ch. 68 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- LIBRARY MATERIALS
- Any books, photographs, written material, phonograph records, movie films and other materials provided by the library for the use and convenience of patrons.
- PUBLIC LIBRARY
- The library owned, established or operated by the Borough of Westville pursuant to appropriate state statutes.
No person, firm or corporation shall remove library materials from any public library within the Borough of Westville without complying with that library's procedures with respect to borrowing library materials.
No person shall refuse or fail to return any materials borrowed from a public library in the Borough of Westville within the time periods provided.
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article, or any part thereof, which is owned by or is in the custody of such library.
No person shall register or furnish a false name or address, nor use any card other than the one issued to said person, for the purpose of borrowing any book or article from said library.
Persons failing to return library materials within the time required shall be notified by the library by certified mail, return receipt requested, that the materials must be returned within seven days of the date of receipt of said notice. Failure to comply with said notice and return the materials or, in the alternative, failure to pay the replacement value of said materials, as established by the library, should they have been lost or destroyed shall result in the filing of a complaint in the Municipal Court by the library and the imposition of penalties as set forth hereinbelow.
Notwithstanding anything contained in this chapter to the contrary, where the person who has failed to return library materials is a minor, any complaint filed in the Municipal Court against such minor shall be dismissed, provided that the minor or the parents of said minor return the library materials prior to the hearing date or pay for the replacement value of the same, as established by the library, if the materials are lost or destroyed.
Any person or persons, including any corporation, found guilty of violating any of the various sections of this chapter shall be punished as set forth in Chapter 1, Article I, § 1-15, General penalty. The Court, in assessing the appropriate fine against any person found guilty of violating the provisions of this chapter, should consider whether such person has either returned the material and/or paid the library for the same if lost, damaged or destroyed. In the event that such person has failed to return the material in question and/or pay the library for any such lost, damaged or destroyed material, then the Court should consider imposing the maximum penalty upon such person.
In the event that the defendant is a minor, the penalty shall not exceed the replacement value of the material, as determined by the library, and the complaint shall be dismissed against such minor if the minor or the parents of the minor, in lieu of the payment of the penalty, return said materials or reimburse the library for the full value of any lost or destroyed material in lieu of the payment of any fine established by this chapter. Where such material is returned to the library or repayment is made to the library for the same, the Court shall waive the imposition of court costs.