For purposes of this chapter:
Director
shall mean the Director of Libraries for the City or a designated agent.
Library
shall mean the Nicholson Memorial Library and any branch libraries maintained by the City.
Patron
shall mean any person who uses or seeks to use any facility, service, program, or item offered by library.
(A) 
Obtaining.
Any resident of the City or surrounding communities may obtain a library card by filing an application and presenting acceptable proof of residence, as determined by the director. A parent or guardian must apply on behalf of a patron under the age of eighteen. Special limited or temporary registrations may be approved by the director.
(B) 
To remain City property.
The library card shall remain the property of the City.
(C) 
Privileges of possessor.
Possession of a library card allows the patron to borrow any available circulating material from the library for a time period determined by the director.
(D) 
Presumption as to user.
It is presumed that the person named on a library card which is presented to obtain material from the library:
(1) 
Has authorized use of the card;
(2) 
Assumes responsibility for the selection of materials borrowed;
(3) 
Accepts the responsibility to return to the library any material obtained by use of the card and any penalties incurred.
In the case of a minor, the parent or guardian who applied for the card authorizes the minor’s use of the card, and accepts the responsibility for the selection of materials borrowed and for the return of the materials and any penalties incurred.
(E) 
Notification of lost card, changed phone number or change of address.
The patron shall notify the director upon loss of card, change of phone number or change of address. The patron shall be responsible for all materials borrowed on the card prior to notification of the loss, and for problems resulting from the library’s inability to contact the patron due to the patron’s failure to notify the library of a change of phone number or a change of address.
(Ordinance 4940, sec. 1, adopted 2/6/96)
(A) 
Checkout procedure.
Any patron may borrow circulating library materials by presenting a library card to the director. The director shall then check out the material in the name appearing on the card and set a date for the return of the material. The director shall set a maximum number of renewals which may be allowed to ensure equal access to materials by all patrons.
(B) 
Timely return required.
Material not returned by the time the library opens on the day following the stated due date is overdue. Willingness to pay an overdue fine does not relieve the patron of the obligation for timely return of the material.
(C) 
Notice of overdue materials.
It is the responsibility of the patron to verify the due date at the time the material is borrowed. As a courtesy, the library may notify the patron by mail or telephone when materials are overdue. After attempts to notify the patron have failed, legal action may be considered to secure the return of materials.
(D) 
Suspension of privileges for overdue materials.
A patron is considered delinquent if the record of the patron shows unreturned materials or unpaid fines or fees. The director may suspend patron borrowing privileges for delinquent patrons. A parent or guardian whose record is delinquent may not utilize a minor’s card, for which he or she has assumed responsibility, in order to avoid paying fines or fees against his or her own record.
(E) 
Fees for lost or damaged materials.
The patron is responsible for loss of the library card and materials checked out on the card, and shall:
(1) 
Pay a replacement fee for a lost library card, as determined by the director;
(2) 
Pay the current replacement cost of the item, or a comparable item, for lost or extensively damaged material, as determined by the director;
(3) 
Pay for repair costs of damaged material, as determined by the director, including bindery costs, if necessary;
(4) 
Pay a processing fee for lost or extensively damaged material, as determined by the director;
(5) 
Pay all applicable overdue fines for such material up to the time replacement or damaged costs and processing fees are paid.
(F) 
Reinstatement of privileges.
The library card shall be reinstated at the discretion of the director upon return of the material or payment of all fees and fines.
(G) 
Charge for use of driver’s license or state-issued ID to check out library materials.
A library cardholder may check out library materials in person using a valid driver’s license or state-issued identification card. An administrative fee, as set by the Director, shall be charged for the second and any subsequent use of a driver’s license or state-issued identification card for this purpose during a twelve-month period. A driver’s license or state-issued identification card may not be used for telephone or online transactions.
(Ordinance 4522, sec. 1, adopted 9/17/91; Ordinance 4940, sec. 1, adopted 2/6/96; Ordinance 5847, sec. 3, adopted 9/7/04; Ordinance 6260, sec. 3, adopted 9/2/08; Ordinance 6350, sec. 1, adopted 9/1/09; Ordinance 7252 adopted 9/14/21; Ordinance 7363 adopted 9/6/2022)
A person who violates any provision of sections 23.02 and 23.03 shall be deemed guilty of a misdemeanor punishable upon conviction by a fine in accordance with section 10.05 of this Code.
A Public Library Board is hereby established in and for the City.
The Library Board shall be composed of nine (9) citizens of the City, each of whom shall be appointed by the City Council.
(Ordinance 4940, sec. 1, adopted 2/6/96)
The normal term of office of the members of the Library Board shall be for two (2) years; four (4) members shall complete their full term of office in odd-numbered years and five (5) members shall complete their full term of office in even-numbered years. Such arrangement of terms shall thereby maintain experienced membership on the board at all times. If a replacement has not been designated upon the end of the member’s term of office, that member shall continue to serve on the board until a replacement is designated unless that member has otherwise been removed from office as provided by the Charter, this Code or other law.
(Ordinance 4940, sec. 1, adopted 2/6/96)
The Director of Libraries shall act as secretary to the Library Board and shall keep such minutes and records as the board may deem necessary.
The place, time and dates of meetings of the Library Board shall be established by the board. Special meetings of the board may be called by the Mayor or the chairman at such time and place as may be designated.
Five (5) members of the Library Board shall constitute a quorum.
The Library Board shall have the following powers and perform the following duties:
(1) 
It shall follow all rules and regulations prescribed by the City Council for the conduct of its business.
(2) 
It shall set policies on library service, provided that no policy shall conflict with any ordinance, council directive, or council policy.
(3) 
It shall act in an advisory capacity to the City Council in all matters pertaining to the library and may make any other recommendations to the City Council regarding library matters or concerns that it considers advisable.
(4) 
It shall study and encourage the development of adequate library facilities and services for the residents of the City and shall make recommendations to the City Council regarding suggested programs for the development of library facilities, programs and financial support.
(5) 
It may meet or consult with other governmental agencies of the county, region, state or federal governments and shall investigate any other agency, public or private, that may aid or assist the growth of the library.
(6) 
It may solicit for the library gifts, revenues, bequests or endowments of money or property as donations or grants from persons, firms or corporations, subject to the approval and acceptance of the City Council.
(7) 
It may elect from its membership the lay representative and alternate position required as a part of the City’s responsibility for the Northeast Texas Library System.
(Ordinance 4940, sec. 1, adopted 2/6/96)
The Library Board shall adopt such bylaws, rules and regulations as it may deem proper.
It shall be the policy of the City Council that all ordinances pertaining to the Library Department shall first be referred to the Library Advisory Board for consideration and a recommendation provided, however, that if no recommendation is received within a reasonable length of time, as determined by the City Council, after the matter is referred to the Library Board, or in such other circumstances as determined by the City Council, then the City Council may take action without the recommendation of the Library Board.
(Ordinance 4940, sec. 1, adopted 2/6/96)