[HISTORY: Adopted by the City Commission of the City of Royal Oak as indicated in article histories. Amendments noted where applicable.]
Library Board — See Ch. 3, Sec. 48.
Theft and destruction of library property — See Ch. 278.
[Adopted 1-28-1929 by Ord. No. 215]
[Amended 5-14-1945 by Ord. No. 459]
The City of Royal Oak shall maintain the Public Library established in said City as a free Public Library and for such purpose the Commission shall include in the annual budget such sum as may be deemed necessary for the purpose of maintaining said library. The amount so appropriated shall be known as the "Library Fund." Whenever the City Commission shall determine by resolution that it is expedient to purchase ground and buildings, or construct buildings for library purposes, it may raise such moneys as deemed necessary for said purpose, and the amount so raised shall be known as the "Library Building Fund."
[Amended 11-27-1939 by Ord. No. 371; 7-6-1943 by Ord. No. 432; 3-13-1978 by Ord. No. 78-9; 4-22-1996 by Ord. No. 96-9]
The Public Library shall be administered by a Library Board which shall consist of nine Directors, who shall be residents of the City of Royal Oak and shall serve without compensation. The Directors shall be appointed by the Mayor with the approval of the City Commission; one of the Directors may be a member of the City Commission. The term of appointment of a Director shall be three years; present members of the Library Board may serve as Directors until their existing respective terms expire.
[Amended 11-27-1939 by Ord. No. 371; 3-13-1978 by Ord. No. 78-9; 4-22-1996 by Ord. No. 96-9; 6-17-2002 by Ord. No. 2002-01]
The Board of Directors shall organize by electing annually at its regular meeting in January a President, Vice President, Secretary, and such other officials as may be necessary for the proper conduct of the duties of the Board. Officers or other officials previously elected in July 2001 will continue to hold office until the next election. Five members of the Board shall constitute a quorum for the transaction of business.
[Amended 11-27-1939 by Ord. No. 371; 5-14-1945 by Ord. No. 459]
It shall be the duty of the Library Board to control and govern the library reading rooms, branches and stations established or to be established, and for that purpose it may make or adopt such bylaws, rules or regulations as may be expedient and not inconsistent with the Charter of the City and the general laws of the State of Michigan. It shall have the power to appoint a librarian, library assistants, and other library employees as may be required, fix their compensation within the limits of the library budget and terminate their employment, subject to civil service rules and regulations. It shall have the care and custody of the books, magazines, furniture, fixtures and equipment in said library and shall keep such property properly and adequately insured against loss or damage by fire or other casualty in such amounts and with such insurers as shall be approved by said Board. Such policies of insurance shall be deposited with the City Clerk for safe keeping. Said Library Board shall have the power to impose and collect reasonable fines for the infringement of established rules and regulations. It may enter into contract with other municipalities for furnishing the use of its library facilities and services and make reasonable charges therefor; it may establish and collect fees for use of such services and facilities by nonresidents of the City; it may accept donations, contributions and gifts, either general or for specific purposes, and may expend the money so received in accordance with any lawful stipulation imposed by the donor; it may receive any moneys appropriated to it by the state and disburse same in accordance with the laws governing such disbursement. All moneys received by the Library Board shall be deposited with the City Treasurer and, except as otherwise provided by law or ordinance, credited to the general fund.
The Library Board shall have power to purchase books, magazines, periodicals, library equipment and supplies and incur such other expenditures for library purposes as may be deemed necessary or proper; provided, however, that no purchase or lease or single item of expense in excess of the sum of $500 shall be made without the approval of the City Commission. Vouchers for payment of library purchases, salaries and other expenses shall be approved by the Library Board. Expenditures by the Library Board, except from state aid funds and funds given in trust for special purposes, shall be limited to the amount appropriated by the City Commission for library purposes.
The City Commission shall provide suitable quarters for housing the library and shall provide janitor service, maintenance and heating therefor. Such janitor service and maintenance shall be under the supervision of the City Manager.
Whenever the construction of a library building or buildings is contemplated, it shall be the duty of the Library Board to prepare detailed plans and specifications for the same. Such plans and specifications may be prepared by the Library Board on its own initiative whenever it believes that the construction of such building or buildings is necessary or desirable, or shall be prepared whenever requested by the Commission. Said plans and specifications shall be submitted to the Commission for approval or rejection, and if approved shall be filed with the City Clerk, and estimates of the cost of said construction shall be prepared under direction of the City Manager. If not approved, same shall be returned to the Library Board with reasons for their rejection. In case the Library Board fails to prepare such plans when so requested, same shall be prepared under direction of the City Manager. The contract or contracts for such construction shall be let by the Commission as provided by Sections 2 to 10, inclusive, Chapter 15 of the City Charter. Such contract shall provide that a representative of the Library Board shall have the right to inspect the work and make objections to any improper or defective or unauthorized work or materials used in such construction. The Library Board shall designate one of their number to cooperate with the City Manager in the superintendence of the construction of any such building or buildings.
The said Board shall keep a complete record of its proceedings, and the same shall be public records. It shall make at the end of the fiscal year and at any other times when requested by the Commission, a report to the City Commission, stating the condition of their trust; an account of all moneys received; how much money has been expended from the Library Fund and other sources and for what purposes; the number of books and periodicals on hand; the number added by purchase or gift during the year; the number lost, missing or worn out; the number of books loaned out, and such other statistics, information and suggestions as it may deem of general interest.
Not later than 40 days before the end of each fiscal year, the Library Board shall furnish the City Manager with an estimate of the annual budget required for the ensuing fiscal year, which budget shall be submitted to the Commission for approval or rejection at the time the general budget of the City is so submitted. If rejected the Commission may either amend the budget and approve same as amended, or may return said budget to the Library Board with reasons for its rejection, and request an amended budget from said Board. When the library budget has been approved by the Commission, the Commission shall levy such tax as may be necessary to meet the budget appropriation for library purposes. The Library Board shall not expend in any one year a greater amount than the amount so approved by the Commission when fixing the budget appropriation for library purposes; provided, however, the Commission may by resolution authorize additional expenditures by the Library Board and appropriate money therefor from the contingent fund.
[Amended 5-14-1945 by Ord. No. 459]
The City Treasurer shall have custody of all money belonging to the Library Fund, including cash receipts, and shall pay out such money only upon proper vouchers as authorized by the City Charter; provided, however, the Library Board may keep a petty cash fund of not exceeding $100 for the handling of petty cash disbursements. The custodian of said petty cash fund shall be designated by the Library Board and shall be required to furnish a bond of not less than $1,000. Any money received by the Library in trust for specific purposes shall be paid out only in accordance with the terms of said trust. A report of all such gifts and disbursements made therefrom shall be included in the annual report to the City Commission.
[Amended 11-27-1939 by Ord. No. 371; 5-14-1945 by Ord. No. 459]
The Library Board shall maintain the said Public Library for the use and benefit of the inhabitants and freeholders of the City of Royal Oak.
All inhabitants and freeholders of the City shall have free use of said library, subject only to such reasonable rules and regulations as may be adopted by said Board, and subject further to the right of said Board to exclude from the use of the Library any and all persons who shall willfully violate said rules. Nonresidents may be granted permission to use the library under such conditions and upon payment of such fees as may be prescribed by the Library Board.
[Adopted 5-19-2008 by Ord. No. 2008-06]
If the library offers use of the internet or a computer, computer program, computer network, or computer system to the public, the library shall restrict access to minors by providing the use of the internet or a computer, computer program, computer network, or computer system in the following way:
By making available, to individuals of any age, one or more terminals that are restricted from receiving obscene matter or sexually explicit matter that is harmful to minors; and
By reserving to individuals 18 years of age or older, or minors who are accompanied by their parent or guardian, no more than one terminal that is not restricted from receiving any material.
For purposes of this section, the following terms shall have the following meanings:
- Any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations, including logical, arithmetic, or memory functions, with or on computer data or a computer program, and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network.
- COMPUTER NETWORK
- The interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
- COMPUTER PROGRAM
- A series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.
- COMPUTER SYSTEM
- A set of related, connected or unconnected computer equipment, devices, software, or hardware.
- Includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.
- HARMFUL TO MINORS
- That term as it is defined in MCLA § 722.674, as amended.
- That term as it is defined in section 230 of title II of the Communications Act of 1934, Chapter 652, 110 Stat. 137, 47 U.S.C. § 230, as amended.
- An individual who is less than 18 years of age.
- That term as it is defined in MCLA § 752.362, as amended.
- SEXUALLY EXPLICIT MATTER
- That term as it is defined in MCLA § 722.673, as amended.
- A device used to access the internet or a computer, computer program, computer network, or computer system.