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.
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(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)