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Theft from the Library

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CITY OF CARBONDALE, ILLINOIS

ORDINANCE NO. 89-63

AN ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND PENALTIES) OF THE REVISED CODE

 

ADOPTED BY THE CITY COUNCIL

OF THE CITY OF CARBONDALE, ILLINOIS

THIS 5TH DAY OF SEPTEMBER, 1989


 

Published in pamphlet form by authority of the City Council of the City of Carbondale, Jackson County, Illinois, this 6th day of September, 1989.

CERTIFICATE OF PUBLICATION


        I, Janet M. Vaught, the duly qualified and acting City Clerk of the City of Carbondale, Illinois, and the official custodian of the records of said City, do hereby certify that this ordinance was published in pamphlet form by authority of the City Council on the 6th day of September, 1989.

Janet M. Vaught, City Clerk

City of Carbondale, Illinois

 

Article VI. Theft of Library Materials


Sec. 14-6-1. Definitions.

As used in this section the following definitions shall apply:

  1. "Library Facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
  2. "Library Material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, maps, newspapers, pamphlet, broadside, magazine,. manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.
  3. "Premises of a Library Facility" means the interior of a building, structure or other enclosure in which a library facility is located and in which the library facility keeps library material.
  4. "Library Card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card.

Sec. 14-6-2 Library Theft.

A person commits the offense of library theft when he or she:

  1. knowingly and intentionally removes any library material from the premises of a library facility without authority to do so; or
  2. knowingly and intentionally conceals any library material upon his or her person or among his or her belongings, while still in the premises of a library facility and in such a manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes such library material beyond the last point in the premises of that library facility at which library material may be borrowed in accordance with procedures established by that library facility for the borrowing of library material; or
  3. with the intent to deceive, borrows or attempts to borrow any library material from a library facility by 1) use a library card issued to another without the other's consent, or 2) use of a library card knowing that it is revoked, cancelled or expired, or 3) use of a library card knowing that it is falsely made, counterfeit or materially altered; or
  4. borrows from a library facility library material which has an aggregate value of $50.00 or more pursuant to an agreement with or procedure established by the library facility for the return of such library material, and usually without good cause fails to return the library material so borrowed in accordance with such agreement or procedure, and further willfully without good cause fails to return such library material within 30 days after receiving written notice by certified mail from the library facility demanding the return of such library material.

Section 14-6-3. Mutilation or Vandalism of Library Materials

A person commits mutilation or vandalism of library materials when he knowingly tears, marks on, maliciously renders imperfect or otherwise damages or destroys library materials.

Section 14-6-4. Posting of Warning

Each library facility shall post a copy of this section at a location adjacent to each entrance to the premises of the library facility and at each point in the premises of the library facility at which the borrowing of library materials occurs.

Section 14-6-5. Penalties

Library theft, as defined herein above, is a violation of the Carbondale Revised Code for which the offender may be fined in accordance with Section 14-1-6 of this Chapter and be ordered to reimburse the library for actual replacement costs of the materials not returned.

SECTION 2: That Chapter 16 of the Carbondale Revised Code be revised by repealing Section 1610-4 and Section 16-10-5.

SECTION 3. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no other force and effect.

SECTION 4. The repeal of any ordinance by this Ordinance shall not affect any rights accrued or liability incurred under said repealed ordinance to the effective date hereof. The provisions of this Ordinance, insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinance.

SECTION 5. That it is the intention of the City Council of the City of Carbondale that this Ordinance and every provision thereof shall be considered separable, and the invalidity of any section, clause, or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance.

SECTION 6. That the City Council of the City of Carbondale finds that the subject matter of this Ordinance pertains to the government and affairs of the City of Carbondale and is passed pursuant to the Home Rule Powers of the City of Carbondale pursuant to the provisions of Article VII, Section 6(a) of the Illinois Constitution.

SECTION 7. That this Ordinance shall be known as Ordinance No. 89-63 of the City of Carbondale, Illinois, and shall be in full force and effect from and after its passage, approval, recording, and publication in pamphlet form in accordance with law.


APPROVED: (Neil Dillard)

Mayor          

FOR: Mills, Yow, Morris, Tuxhorn and Dillard

AGAINST: None

PASSED: 9-5-89

APPROVED: 9-5-89

RECORDED: 9-6-89

PUBLISHED: 9-6-89

 

ATTEST: (Janet M. Vaught)

APPROVED AS TO LEGALITY AND FORM:

(P. Maureen)

City Attorney


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