Rules of Conduct Ordinance

THE BOARD OF LIBRARY TRUSTEES OF THE GAIL BORDEN PUBLIC LIBRARY DISTRICT KANE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 2004-3-2 ORDINANCE ESTABLISHING RULES OF CONDUCT FOR USE OF LIBRARY AND PRESCRIBING SANCTIONS FOR VIOLATION OF RULES WHEREAS, the Board of Library Trustees of the Gail Borden Public Library District, Kane and Cook Counties, Illinois, is a body politic and corporate, and is organized and exercises powers pursuant to the Illinois Public Library District Act; and WHEREAS, 75 ILCS 16/30-55 of said Act provides that the board of trustees of any library district is empowered to support and maintain a public library within the district for providing library services and has the following powers, without limitation: 1. To enact, amend or rescind ordinances and to make and adopt regulations and resolutions for their own guidance and for the government of the library as are expedient and not inconsistent with the Library District Act (75 ILCS 16/30-55.5); 2. To have exclusive control of the supervision, care and custody of the grounds, rooms, or buildings set apart for library purposes (75 ILCS 16/30-55.15); 3. To exclude from the use of the library, any person who willfully violates an ordinance or regulation prescribed by the board (75 ILCS 16/30-55.55); and 4. To provide, by ordinance, fines and penalties for injury to any real or personal property belonging to or in the custody of the library (75 ILCS 16/30-55.70); and WHEREAS, this Board has received reports from staff regarding disruptive conduct, on occasion, of some patrons, and has also received recommendations from staff with respect to remedying said problems; NOW, THEREFORE, BE IT ORDAINED by the Board of Library Trustees of the Gail Borden Public Library District, Kane and Cook Counties, Illinois, as follows: Section 1. No patron shall act in such a manner as to unreasonably alarm or disturb any other patron or patrons or employee within the library building or upon the library grounds. Section 2. No person shall destroy, damage, or vandalize any library material or property, including, without limitation, library books, magazines, materials, furnishings, shrubs or landscaping, wall hangings, or any other property of the library; vandalism shall be deemed to have occurred when anyone knowingly tears, marks on, or maliciously renders imperfect or otherwise damages or destroys any library materials or property. Section 3. No person shall otherwise violate any statute of the United States, the State of Illinois or ordinance of the City of Elgin within the building or upon the grounds of the Gail Borden Public Library. Section 4. When a patron violates any of the substantive provisions of Sections 1 through 3, inclusive, any security guard, police or peace officer, management-level employee or designated person-in-charge of a library department may immediately exclude the violator for one (1) to thirty (30) days for an offense, and may recommend further action to the Library Director; or may otherwise proceed as follows: A. Patrons who have violated the rules of conduct shall present, upon request, a valid Gail Borden Public Library District card. Failure to present the card shall be a basis for immediate, and possibly permanent, exclusion from the library and its grounds, subject to the provisions of Section 5(B). Section 5. A. Any individual excluded from the library for a violation or disturbance as defined in Sections 1 through 3 inclusive may be excluded for a period of time not to exceed one (1) year as determined by the Library Director in consultation with the security guard, police or peace officer, management employee or designated person-in-charge of the library department in whose presence the incident or incidents giving rise to the exclusion occurred, and may be readmitted only upon approval of the Library Director. Exceptional circumstances involving extreme behaviors, including but not limited to violence or threat of violence, or injury or harm to any person, in violation of this ordinance may lead to a permanent exclusion on the first offense, with readmission to the library only upon approval of the Director and the Library Board. B. In all cases of exclusion greater than one month in duration where positive identification of the violator has been made, the Library Director, management-level employee, designated person-in-charge or security staff member, shall reasonably attempt to give notice in person or by certified mail, return receipt requested, to the patron detailing the duration of the exclusion from use of the library and requirements, if any, conditioning the resumption of library privileges. In the case of individuals under the age of eighteen (18) and living with a parent or guardian, an attempt will be made to deliver any such certified notice to the parent or guardian, with an additional uncertified copy sent to the minor. Any such attempted certified mail notice shall be substantially as follows: Dear Patron: Due to violations of rules of conduct adopted by the Board of Library Trustees of the Gail Borden Public Library District, Kane and Cook Counties, Illinois, is hereby excluded from use of the Gail Borden Public Library, excluded from access to the premises of the Gail Borden Public Library, and excluded from benefiting from any library privileges for a period of time through and including (date) . The specific violations are as follows: Readmission to the library in the future will be granted only following a personal interview and approval of the Library Director after the period of suspension. If you wish to appeal the exclusion from the use of the library, an appeal must be made in written form, and the Library Director will grant an interview within five working days following receipt of the request. In the event you are not satisfied with the results of the interview with the Director, you may request further review at the next regularly scheduled meeting of the Board of Library Trustees. An excluded patron who enters the premises of the library during the period of exclusion without specific permission of the Library Director is subject to arrest for trespassing. Sincerely, (Signature) Director Section 6. All incidents giving rise to exclusion from use of the library for more than one (1) month shall be reported by the Director to the Board at a subsequent Board meeting. The excluded patron may request a hearing before the Board in writing, and the Board shall schedule it at its next regularly scheduled meeting following the date of the notice. Section 7. This Board further specifies that it is the policy of the library to authorize employees to call upon local law enforcement personnel as necessary to ensure compliance with the terms of this ordinance, and to sign any complaint or other documentation required for enforcement. Section 8. A copy of this ordinance shall remain posted before each entrance to the library. PASSED by the Board of Library Trustees of the Gail Borden Public Library District, Kane and Cook Counties, Illinois, on March 9, 2004.