[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms 9-19-2013 (Sec. 3-3 of the 1980 Code). Amendments noted where applicable.]
As used in this Section 3-3, the following terms shall have
the meanings indicated:
Has the meaning given such term in 18 U.S.C. § 2256.
That definition is given as follows:
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"child pornography" means any visual depiction, including any
photograph, film, video, picture, or computer or computer-generated
image or picture, whether made or produced by electronic, mechanical,
or other means, of sexually explicit conduct, where–
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(A)
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The production of such visual depiction involves the use of
a minor engaging in sexually explicit conduct;
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(B)
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Such visual depiction is a digital image, computer image, or
computer-generated image that is, or is indistinguishable from, that
of a minor engaging in sexually explicit conduct; or
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(C)
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Such visual depiction has been created, adapted, or modified
to appear that an identifiable minor is engaging in sexually explicit
conduct.
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Any picture, image, graphic image file, or other visual depiction
that:
Taken as a whole and with respect to minors, appeals to a prurient
interest in nudity, sex, or excretion;
Depicts, describes, or represents, in a patently offensive way
with respect to what is suitable for minors, an actual or simulated
sexual act or sexual contact, actual or simulated, normal or perverted
sexual acts, or a lewd exhibition of the genitals; and
Taken as a whole, lacks serious literary, artistic, political,
or scientific value as to minors.
Has the meaning given such term in 18 U.S.C. § 1460.
The Library Board shall consist of five members who shall be
residents of the communities served by said library and shall include,
as far as possible, representatives of the various geographic and
ethnic populations within the area served by the library. The members
shall be appointed by the Mayor with the advice and approval of the
governing body. In addition, the following shall serve as nonvoting
members: a member of the governing body, the President or designated
representative of the Friends of the Bosque Farms Library, Inc. (a
New Mexico nonprofit corporation established to support the library
activities), and the Librarian.
A.
Initially, three members shall be appointed for two years and two
members for one year. Thereafter, each member shall serve two years.
B.
The Board shall, at its July meeting, elect from its membership a
President, Vice President, and a Secretary. Officers shall hold office
for a term of one year.
The Library Board shall:
A.
Advise and recommend to the governing body all aspects of development
and implementation of policies and procedures governing the operation
of the library.
B.
Assist in formulating rules and regulations according to established
policies and procedures, which will be made available for public inspection
and information upon request.
C.
Recommend to the governing body an annual library budget in sufficient
time to be included in the total budget.
D.
Research and seek out other revenue sources, including, but not limited
to, grants, endowments and other gifts for the exclusive use of the
library. Funds solicited on behalf of the library will not be used
to supplant Village appropriations.
E.
Establish short- and long-range priorities in cooperation with library
personnel.
F.
Keep the governing body informed of library activities through the
Council representative.
G.
Be responsive to the expressed needs of the community in library
services.
H.
Be knowledgeable of local, state and federal laws, and support legislation
that improves and extends library services.
I.
Know and understand the sources available through the state-wide
library development programs, advantages of participation in such
programs, and seek out funding from such programs, where applicable.
J.
Keep abreast of public library standards and trends.
K.
Encourage attendance at state meetings and workshops. All members
of the Library Board shall serve without compensation but may be reimbursed
for all necessary travel expenses incurred away from the Village of
Bosque Farms on library business, in accordance with state statutes.
L.
Uphold the Library Bill of Rights and the Freedom to Read Statement
adopted by the American Library Association.
A.
It shall be unlawful for any person(s) to give a fictitious or an
incorrect name or address to the Bosque Farms Library in order to
obtain possession of library property.
B.
It shall be unlawful for any person(s) to write on, damage, deface,
destroy, or keep Bosque Farms Library property.
C.
The Children's Internet Protection Act [Pub. L. 106-554 ("CIPA")]
provides safeguards for filtering internet content material that is
defined under federal law as obscene, child pornography, or harmful
to minors. Pursuant to the CIPA, as a public place the Bosque Farms
Public Library actively filters and monitors patrons' internet
usage. Inasmuch as the Bosque Farms Public Library cannot filter out
all possible content restricted under the CIPA on its library computers,
it is therefore unlawful for anyone to access on library computers
material defined under federal law as obscene, child pornography,
or harmful to minors.
Any person found guilty of violating any provision of this code
or any rules, policies and procedures established by the Library Board
shall be guilty of a misdemeanor and fined not more than $500 or imprisoned
for a period of not more than 90 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
