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O-1287-9-94ORDINANCE NO. 1287-9-94 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 1057-11-91 AND CHAPTER 7, ARTICLE I, OF THE ALLEN CODE OF ORDINANCES MAKING IT UNLAWFUL FOR ANY PERSON TO FAIL TO RETURN MATERIALS BORROWED FROM THE ALLEN PUBLIC LIBRARY WITHIN THIRTY (30) DAYS AFTER THE MATERIALS ARE DUE OR TO ILLEGALLY REMOVE MATERIALS FROM THE ALLEN PUBLIC LIBRARY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING FOR AN DATE. NOW, TFLF.RRFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: From and after the effective date of this Ordinance, Ordinance No. 1057-11-91 and Chapter 7, Article I, of the Allen Code of Ordinances are hereby amended to include the following: Sec. 7-4. Definitions. As used in this ordinance, the following terms shall have the following meanings: Library card. 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 materials and subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card. Library material. Any property, including but not limited to books, pamphlets, periodicals, papers, audiovisual materials and equipment or other property belonging to, or on loan to, or otherwise in the custody of the Allen Public Library. Sec. 7-5. Library theft. A person commits the offense of library theft when he or she does any of the following acts: (a) Knowingly and intentionally removes any library material from the premises of a library facility without authority to do so; or, (b) 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, and removes such library material beyond the last point in the premises of the library at which library material may be borrowed in accordance with procedures established by the library for the borrowing of library material; or, (c) With the intent to deceive borrows or attempts to borrow any library material from a library by (i) use of a library card issued to another without the other's consent, or (ii) use of a library card knowing that it is revoked, canceled or expired, or (iii) use of a library card knowing that it is falsely made, counterfeit or materially altered; or, (d) Borrows library material from the library and knowingly and willfully fails to return such library material within 30 days after receiving written notice by registered or certified mail from the library demanding the return of such library material. Sec. 7-6. Penalty. Any person, firm or corporation violating any portion of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) for each offense. Each day that such violation continues as to each separate book, audiovisual recording; work of art, or other library material shall constitute a separate offense and shall be punished accordingly. Any such fine shall be in addition to the regular library fine and replacement cost set out hereinabove. SECTION 2: This ordinance shall become effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 15TH DAY OF —SEPTEMBER , 1994. APPROVER r S -TO -FORM: A. Don Crow er, TTORNEY Ordinance No. APPROVED: oe armer, MAYOR ATTEST. f 1W WorITNITT•i 1287-9-94 Page 2 In AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1287-9-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sept. 21 & Sept. 24; 1994 and which was issued on Sept. 21, 1994 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publica ' n is attached hereto. R SUBSCRIBED ANDAWORN to before me this A.D. 19 9� 7§ ` _ V. A. TODD e ;*- MY COMMISSION EXPIRES T` December 5,1996 W.: og OTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 2 7 . 0 0 ~ CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City' Council adopted the following ordinance at their regular meeting held on Thursday, September 15, 1994 (Title and Penalty Clause only): Ordinance No. 1287-9-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 1057-11-91 and Chapter 7, Article I, of the Allen Code of Ordinances Making it Unlawful for any Per- son to Fad to Return Materials Borrowed from the Allen Public Library within Thirty (30) days after the Materials are Due or to' Illegally Remove Materials from the Allen Public Library; Providing for a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500.00); and Providing an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Texas 75002-2773 /s/ Judy Morrison _City Secretary__ CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday. September 15, 1994 (Title and Penalty Clause only), Ordinance No. 1287-9-94: An Ordinance of the Citj of Allen, Collin County, Texas, Amending Ordinance No. 1057-11-91 and Chapter 7, Article I, of the Allen Code of tOrdinances Making it Unlawful for any Per- son to Fad to Return Materials Borrowed from the Allen Public Library within Thirty L(30) days after the Materials are Due or to ,Illegally Remove Materials from the Allen Public Library; Providing for a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500.00); and Providing an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Texas I 75002-2773. /s/ Judy Morrison City Secretary ____ -