[Ord. 710, 9/20/2012]
The following terms, when used in this Part 1, shall have the
meaning subscribed below:
BOARD OF SUPERVISORS
The Warminster Township Board of Supervisors, the governing
body of Warminster Township, Bucks County, Pennsylvania.
LIBRARY
The Warminster Township Free Library, a local library as
defined by the Pennsylvania Library Code, and established by the Board of Supervisors on February
3, 1975, by Warminster Township Ordinance 279.
PERSON
Includes individuals, corporations, firms, associations and
their servants, agents or employees.
[Ord. 710, 9/20/2012]
The Warminster Township Board of Supervisors established the
library on February 3, 1975, by Warminster Township Ordinance 279.
The library is a free, public, nonsectarian library in Warminster
Township. The library is designated as the provider of public library
service to the residents and taxpayers of Warminster Township for
and on the behalf of Warminster Township in accordance with Section
415 of the Pennsylvania Library Code. The Warminster Township Free Library shall be an integral
part of Warminster Township.
[Ord. 710, 9/20/2012]
The Board of Supervisors shall support and assist in the maintenance
of the Warminster Township Free Library in accordance with the provisions
of Section 401 of the Pennsylvania Library Code.
[Ord. 710, 9/20/2012]
Warminster Township Ordinance 279 under the authority of Section
411 of the Pennsylvania Library Code established a Library Board of Directors appointed by
Board of Supervisors ("Library Board"). The Library Board is subject
to the following terms and conditions:
A. Appointment, terms and qualifications. The Library Board shall consist
of seven members who shall be appointed by Board of Supervisors. Members
of the Library Board shall be residents of the Township. The term
of each Library Board member shall be three years. Any appointments
to fill vacancies shall be for the unexpired terms. All members shall
serve until their successors are appointed.
B. Vacancies. If a vacancy shall occur on the Library Board for any
reason, a majority of Board of Supervisors shall fill such vacancy
by appointing a person qualified to hold such office for the remainder
of the unexpired term.
C. Organization of Library Board. The Library Board of Directors shall
organize annually as soon as possible after January 1 of each year
by electing a President, Secretary and Treasurer from its membership,
and such other officers and agents as the Library Board may deem necessary.
The Treasurer shall be capable of being bonded by the municipality,
with satisfactory surety, in such amount as the Township Board of
Supervisors may deem appropriate. The Township, using funds allocated
by the Township to the Library, shall be responsible for payment of
the costs of the Treasurer's Bond.
D. Compensation. The members of the Library Board shall serve without
compensation.
E. Duties of the Library Board.
(1)
Rules and regulations. The Library Board shall adopt such rules
and regulations as may be necessary for carrying out the intent of
this Part 1. Such regulations for the operating, conducting and maintaining
of a free, public, nonsectarian library for the residents of Warminster
Township shall be vested in the members of the Library Board of Directors.
In carrying out the provisions of tPart 1, the Library Board may be
guided by the Pennsylvania Advisory Council on Library Development,
the Pennsylvania Library Code, and the regulations set forth in the
Pennsylvania Code. The rules and regulations, or amendments thereto,
adopted hereunder by the Library Board shall not become effective
until approved by Board of Supervisors.
(2)
Except as otherwise provided in this Part 1, the operations
of the library shall be under the exclusive control of the Library
Board.
F. Insurance. The members of the Library Board shall be insured against
liability for acts and omissions under the Township insurance policies.
[Ord. 710, 9/20/2012]
All monies appropriated for the operation and maintenance, or
both, of the library received from all sources for library use, shall
be under the ultimate control of the Board of Supervisors. The Board
of Library Directors, together with the Library Director, shall prepare
an annual budget no later than September 1 of each calendar year for
submission to Township Manager and approval of the Board of Supervisors.
The library budget shall be approved by Board of Supervisors as part
of the Township annual budget prepared and approved in accordance
with the Second Class Township Code. The accounts of the library shall
be audited as part of the annual audit of the accounts of the Township
in accordance with Pennsylvania law as in the case of other municipal
expenditures.
[Ord. 710, 9/20/2012]
1. The Library Board shall report annually to Board of Supervisors the
monies received by the library and the disposition made thereof. The
annual report submitted to the Board of Supervisors shall cover the
calendar year and shall contain the following:
A. An itemized statement of all receipts and expenditures.
B. The condition of the library.
C. The number of volumes, maps, pamphlets and other material available
in the library.
D. The number of volumes acquired by purchase, gift or otherwise.
E. The number of items lost or withdrawn.
F. The number of registered borrowers and an estimate of the number
of visitors to the library.
G. A classified statement of the circulation materials, with such information
and suggestions as may be deemed desirable.
2. A copy of each annual report shall be sent to the State Library.
[Ord. 710, 9/20/2012]
The Library Director shall be the administrative officer of
the library, appointed by the Township Manager in consultation with
the Library Board. The job description of the Library Director shall
be approved by the Library Board. The Library Director shall serve
under the direction of the Warminster Township Manager. The Library
Director shall be responsible for implementing the policies established
by Board of Supervisors, and shall be responsible for implementing
and enforcing the rules and regulations promulgated by the Library
Board.
[Ord. 710, 9/20/2012]
Library employees other than the Library Director shall be under
the supervision of Library Director and Township Manager. The Board
of Supervisors shall establish the terms and conditions of the employment
of all library employees. Within the parameters of the library budget,
the Board of Supervisors shall be responsible for the payment of all
salaries and benefits of library employees. The Library Director,
with the advice and consent of the Township Manager, shall be responsible
for the hiring and discipline of all library employees in accordance
with then-current employment contracts and policy manuals, provided
that the Library Director shall not need the approval of the Township
Manager prior to exercising disciplinary actions which do not involve
suspension or termination of employment.
[Ord. 710, 9/20/2012]
The library shall be free to the use of all residents and taxpayers
of Warminster Township subject to such reasonable rules and regulations
as the Library Board may adopt, and the Library Board may exclude
from the use of the library any person or persons who willfully violate
such rules. The Library Board may extend privileges of such library
to persons residing outside the Township upon such terms and conditions
as the Library Board may prescribe.
[Ord. 710, 9/20/2012]
The real and equitable title to all the real estate and personal
property which may be acquired as part of the ownership and operation
of the library, either by gift or by purchase, shall be vested in
Warminster Township. In the event the Township receives bequests or
donations of books, money, personal property or real estate for the
benefit of the library, and such bequests or donations shall contain
terms and conditions, Warminster Township is deemed to be a trustee
of said property subject to any terms and conditions placed on the
gift by the donor. Otherwise the donated property is mandated to be
administered by the Library Board, under the direction of Board of
Supervisors.
[Ord. 710, 9/20/2012]
The Township is hereby authorized to purchase, set apart, or
lease lands and buildings or parts of buildings already owned by it,
or both, or to alter buildings already erected so as to make them
suitable for such use, and it is hereby authorized to provide for
the cost of same as in the case of other buildings to be used for
municipal purposes, and whenever a tax levy has been or may hereafter
be authorized for the purpose of maintaining the library in the Township
as provided by the Pennsylvania Library Code, and, out of moneys raised
from such levy, a surplus or excess has been or may hereafter be accumulated
above the necessary cost of maintaining the library, the Library Board
shall pay over such excess or surplus to the Township to be used by
it for any purposes provided in the Pennsylvania Library Code.
[Ord. 710, 9/20/2012]
Board of Supervisors may, upon recommendation of the Library
Board, establish branches, deposit stations, traveling libraries,
and such other agencies as it may deem necessary to bring the books
within convenient reach of all the residents.
[Ord. 710, 9/20/2012]
1. Any person retaining any book, pamphlet, magazine, newspaper, manuscript,
map or other property belonging in or to or on deposit with the library
for a period exceeding 30 days after the library has given notice
to return the same shall, upon conviction thereof, in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, be sentenced to pay a fine of not more than $200, plus
costs. Each day a violation continues shall constitute a separate
offense.
2. The notice referred to in the preceding subsection may be given by
personal service upon the borrower or by the mailing of a registered
or certified letter, with return receipt, to the borrower's address
on file with the library. The notice shall contain a demand that the
property be returned.
3. Anyone who shall willfully cut, mutilate, mark or otherwise injure
any book, pamphlet, magazine, newspaper, manuscript, map or other
property belonging in or to or on deposit with the library shall,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced
to pay a fine of not more than $200, plus costs. Each day a violation
continues shall constitute a separate offense.