[HISTORY: Adopted by the Common Council of the City of Markesan
by Ord. No. 185 (Ch. 9, Sec. 9.241, of the 1991 Municipal Code). Amendments noted
where applicable.]
The terms used herein shall be defined as follows:
A place in which public or institutional records are systematically
preserved.
Any public library; library of an educational, historical
or eleemosynary institution, organization or society; archives; or
museum.
Includes any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, broadside,
manuscript, document, letter, public record, microform, sound recording,
audiovisual materials in any format, magnetic or other tapes, electronic
data processing records, artifacts or other documentary, written or
printed materials, regardless of physical form or characteristics,
belonging to, on loan to or otherwise in the custody of a library.
Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be penalized as provided in § 213-5 below.
The concealment of library material beyond the last station
for borrowing library material in a library is evidence of intent
to deprive the library of possession of the material. The discovery
of library material which has not been borrowed in accordance with
the library's procedures or taken with consent of a library official,
agent or employee and which is concealed upon the person or among
the belongings of the person or concealed by a person upon the person
or among the belongings of another is evidence of intentional concealment
on the part of the person so concealing the material.
An official or adult employee or agent of a library who has
probable cause for believing that a person has violated this chapter
in his presence may detain the person in a reasonable manner for a
reasonable length of time to deliver the person to a peace officer
or to the person's parent or guardian in the case of a minor.
The detained person shall be promptly informed of the purpose for
the detention and be permitted to make telephone calls, but shall
not be interrogated or searched against his will before the arrival
of a peace officer, who may conduct a lawful interrogation of the
accused person. Compliance with this section entitles the official,
agent or employee effecting the detention to the same defense in any
action as is available to a peace officer making an arrest in the
line of duty.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of the Code of the City of Markesan.
