[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-16-1993 (Ch. II, Sec.2-26, of the 1971 Code); amended in its entirety 12-3-2002]
There shall be a Board of Trustees of the Free Public Library consisting of nine members including the President of the Township Council and the Superintendent of Schools of the Township of Hillside; the remaining seven members shall be residents of the Township who shall be appointed by the Mayor with the advice and consent of the Township Council and shall serve for a term of five years on a staggered basis, the respective terms ending on January 13 of the fifth year. All appointments to fill vacancies shall be for the unexpired term of the retiring incumbent only.
The Board of Trustees of the Free Public Library shall have all the jurisdictions conferred upon Library Boards by N.J.S.A. 40:54-1 et seq.
[Adopted 7-7-2009 by Ord. No. O-09-021]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
OVERDUE
The first day after the due date shown on the item borrowed from the library.
PERSON
Also means any parent or guardian who has agreed to be responsible for library items borrowed by another person.
B. 
Failure to return overdue materials after notice.
(1) 
No person shall detain or fail to return any book, periodical, pamphlet, artistic reproduction, audiovisual material or any other item borrowed from the Hillside Public Library of the Township of Hillside (hereinafter also referred to as the "library") after 30 days have elapsed from the overdue date.
(2) 
When an item becomes seven days overdue, the Library shall mail, by regular mail, up to four overdue notices to any person who fails to return overdue items as set forth above, demanding the return of such overdue items or payment of fines therefor, which notices shall be addressed to said person at the last address furnished to the library.
C. 
Destruction of materials. No person shall cut, tear, deface, disfigure, damage or destroy any book, periodical, pamphlet, artistic reproduction, audiovisual material or any other item, or any part thereof, borrowed from, owned by or in the custody of the library.
D. 
Posting of rules, regulations and procedures. The Library Board shall adopt and post, in a conspicuous place in the library buildings from which items may be borrowed, rules, regulations and procedures governing the borrowing of books, periodicals, pamphlets, artistic reproductions, audiovisual materials and any other items available for borrowing by the public.
E. 
Compliance with rules, regulations and procedures required. No person shall remove any book, periodical, pamphlet, artistic reproduction, audiovisual material or any other item from the library building without complying with the rules, regulations and procedures of the library for borrowing such items.
F. 
Filing of complaints.
(1) 
The attorney for the Library Board is authorized to file a complaint in the Municipal Court after the following conditions have been met:
(a) 
At least 60 days have elapsed from the date the item or items first became overdue;
(b) 
The library has sent overdue notices as set forth in § 55-3A hereinabove; and
(c) 
The library has sent a final notice by certified mail, return receipt requested and/or by regular mail, after 15 days have elapsed from the date of posting of the first notice mentioned in § 55-3B above, informing the person that the book or other item is still overdue and that he/she is subject to prosecution pursuant to this article.
(2) 
In the case of a minor, which shall be any person under the age of 18 years, all notices and Court documents submitted pursuant to this § 55-3 shall be sent to the parents or guardian of the minor involved.
G. 
Violations and penalties. Any person who violates or refuses to comply with the provisions of this article shall, upon conviction thereof, be subject to a fine for the first offense in an amount of $100, and for any subsequent offense in an amount of $200. In addition to the payment of the fines set forth above, any person, upon conviction for violating any provision hereof relating to the failure to return an overdue item to the library, shall also pay court costs and shall either return the unreturned library items or be responsible for the payment of the actual value of the items or materials not returned.