[HISTORY: Adopted by the City Council of the City of Orange
Township 4-17-84 by Ord. No. 11-84. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any public library, any library of an educational, historical
or charitable institution, organization or society.
Any material regardless of physical form or characteristics,
or any part thereof belonging to, on loan to or otherwise in the custody
of a library facility.
No person shall remove or borrow any books, articles or library
materials from the premises of the Orange Public Library or any of
its branches unless and until the removal of books, articles or library
materials have been consented to, recorded and charged out at the
circulation desk of the main library or any of its branches.
It shall be unlawful for any person to retain or fail to return
any books, articles or library materials beyond the date designated
by the library employee or officer at the time the book, article or
library material is removed by consent of the library and charged
out to the person removing same at the main library or any of its
branches or any extension in time granted in writing by the library.
Any person failing to return any book, article or library material on or before the date designated as provided in § 125-3 of this chapter shall be liable for a fine or late charge for each day of such retention as provided by the rules and regulations of the Orange Public Library Board of Trustees. If the offending person or borrower of the book, article or library material(s) is under eighteen (18) years of age, then the parent or guardian of such person shall be notified by certified mail of the default and violation of the provisions of this chapter. The failure to return the books, articles or library material(s) within ten (10) days after mailing of such notice by certified mail shall cause the fine and late charge to be assessed against such parent or guardian. In the event that the certified mail is returned unclaimed, then such notification may be sent by regular mail or personal delivery and the failure to return the books, articles or materials within seven (7) days after service by regular mail or personal delivery of such notice shall cause the fine and late charge to be assessed against such parent or guardian. Added to the cost of any fine or late charge shall be the expense incurred by mailing certified mail, return receipt requested.
It shall be unlawful for any person to register or furnish a
false name or address or to forge or furnish false identification
or a card not belonging to the person for the purpose of borrowing
or removing any book, article or library material from the Orange
Public Library.
Any person shall be guilty of the theft of library material
if he purposely takes possession of, carries away or transfers or
causes to be carried away or transferred any library material or purposely
conceals on his person or otherwise any library material, books or
articles with the intention of depriving the library facility of the
use or benefit of the material without said removal having been consented
to, recorded or charged out at the circulation desk or by the Director
of the Orange Public Library.
Any person who purposely conceals, on or off of the premises
of the library facility, upon his person or among his belongings,
or upon the person or among the belongings of another, any library
material(s), books or articles shall be prima facie presumed to have
concealed the material, books or articles for the purpose of depriving
the library facility of its use or benefit.
The Director of the library or any person authorized by the
Director or the Board of Trustees may file a complaint in Municipal
Court against any person violating the provisions of this chapter
if a certified letter, return receipt requested, is mailed by the
Director of the library or his agent or employee to the offending
person informing such person that the book or books, articles or library
materials are more than four (4) weeks overdue and that failure to
return the books, articles or library materials within ten (10) days
shall cause a complaint for prosecution to be filed for violating
this chapter and that such failure to return is presumed to be intentional
to defraud and deprive the library facility of the use or benefit
of the books, articles or library materials. In the event that the
original violator is a minor, the certified notice may also be sent
to the parent or guardian of the minor.
It shall be unlawful for any person to damage, deface, cut,
tear, disfigure or destroy any book, map, chart, picture, engraving,
work of literature, art, books, articles, periodicals or library materials
which belong to or were borrowed from the Orange Public Library.
No person, while on the premises of the library, shall conduct
himself in a violent, riotous or disorderly manner or use abusive,
obscene or profane language or engage in immoral conduct or disturb
any public meeting or assembly or be found under the influence of
alcohol or a controlled, dangerous substance, as defined by statute,
in such a condition as to threaten the safety and rights of others.
No person, while on the premises of the library or its branches,
shall engage in disruptive conversation or conduct or harassment or
unruly behavior which inhibits the use of the library by others, nor
shall any person refuse to obey the reasonable or lawful requests
of an employee of the library.
It shall be unlawful for any person or persons to loiter in
or about any library lands or building without apparent reason or
business or to create or cause to be created a danger or a breach
of the peace so as to inhibit, interfere and disrupt the employees,
patrons and users of the services and facilities of the Orange Public
Library.
No person shall annoy, molest, hinder, threaten or interfere
with any person lawfully enjoying the rights and privileges of the
use of the Orange Public Library or its branches; nor shall such person
cause to be made any loud or offensive noise, speech or remarks which
shall disturb or interfere with the use, enjoyment and privileges
of the library, its employees and patrons and users of the services
and facilities of the library.
The Director of the Orange Public Library is hereby authorized
and directed, subject to the approval of the Board of Trustees of
the Orange Public Library, to make such reasonable rules and regulations
for the use of the Orange Public Library which may seem proper and
advisable in the best interests of the citizens of Orange and the
general public who may use the services and facility of the Orange
Public Library. Copies of such rules and regulations shall be posted
in a conspicuous place in the public area of the library as well as
be available for inspection at the main circulation desk, and copies
shall be presented to the City Clerk of the City of Orange Township.
The rules and regulations so delegated to the Director of the
Orange Public Library and the Board of Trustees shall refer to, but
shall not solely be limited to, hours of service, borrower eligibility,
loan periods and limitations, late fee schedule, replacement of lost
or damaged items, guidelines for decorum for use within the library
facility and use of library facilities and equipment for rental and
a library material donation policy.
Notwithstanding the delegation for the promulgation of rules and regulations as set forth in § 125-15, any person, whether resident or nonresident, who has not paid any fine or late charge for those causes set forth in § 125-4 where such fine or penalty is in excess of ten dollars ($10.) or who has not replaced any library material after due and proper notice or who has not paid any fine or late charge for more than one (1) year after having been given sufficient and proper notice may be subject, upon approval by the Director in concurrence with the Board of Trustees, to have his privileges terminated and shall be barred from removing or borrowing any books, articles or library materials from the premises of the Orange Public Library and any of its branches unless otherwise authorized by the Board of Trustees of the Orange Public Library. This provision shall include all reciprocal arrangements between the Orange Public Library and any other library facilities in the County of Essex or any consortium between and among the Orange Public Library and other such similar facilities.
Fees or charges for the borrowing or rental of any article, books, library material or use of library facilities established hereafter shall be recommended by the Board of Trustees of the Orange Public Library and shall be codified by ordinance and appear thereafter in Chapter 88 of the Code of the City of Orange Township.
Any person violating the provisions of this chapter shall, upon
conviction, pay a fine of not more than five hundred dollars ($500.)
or imprisonment for a term not to exceed ninety (90) days, or both
fine and imprisonment, or in lieu thereof, such person may be required
to perform public services designated by the court in accordance with
statute and rules of court. Notwithstanding that the violation of
any of these provisions may give rise to a violation of similar provisions
set forth in the Criminal Code of the State of New Jersey, it is the
intent of this chapter that, where such charges are not superseded
by statute, then the provisions of this chapter shall apply.
