O-2961-11-10ORDINANCE NO. 2961-11-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF
THE CITY OF ALLEN, TEXAS, BY AMENDING SECTIONS 7-2 BY AMENDING
THE REGULATIONS REGARDING OVERDUE, LOST AND DAMAGED
MATERIALS AND A BORROWER'S CARD; BY AMENDING SECTION 7-5
REGARDING LIBRARY THEFT; PROVIDING FOR THE ESTABLISHMENT OF
LIBRARY FEES BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Allen, Texas, has determined that it is in the best interest of the
City and its citizens that fees related to the City of Allen Library be established by resolution of the City
Council; and,
WHEREAS, the City Council of the City of Allen, wishes to amend Chapter 7 of the Code of Ordinances of
the City of Allen, Texas, by Amending Section 7-2, "Overdue, Lost, and Damaged Materials; Borrower's
Card" and Section 7-5 "Library Theft" and for the purpose of establishing library fees by resolution of the
City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
' COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Chapter 7 "Library" of the Code of Ordinances for the City of Allen, Texas, be amended by
amending Section 7-2 and Section 7-5, to read as follows:
"Chapter 7 Library
Article I: In General
Sec. 7-2. Overdue, Lost, and Damaged Materials; Borrower's Card.
(a) An application to borrow materials and equipment from the library shall require the applicant to
present whatever documents are deemed necessary by the librarian for adequate identification of the applicant
for a borrower's card. The initial borrower's card is free of charge however the borrower shall pay a fee for
replacement of a valid borrower card.
(b) Each borrower (account holder) shall be required to pay to the City a fee for overdue books,
equipment and materials for failure to return such equipment or materials on the due date.
(c) Each borrower (account holder) shall he required to pay to the City a fee for the repair or
replacement of damaged or lost library materials or equipment.
' (d) A collection agency fee shall be charged to collect from each library account holder whose library
account has an outstanding balance greater than Twenty -Five Dollars ($25.00) for twenty-one (21) days or
more.
(e) The failure to return library equipment or materials which have been borrowed from the public
library shall result in loss of borrowing privileges until the materials and equipment are returned and all
applicable fees have been paid.
(1) The fees for lost, damaged or overdue equipment or materials shall be collected by the librarian or
library staff, who shall send a written notice of charges to the responsible library account holder.
(g) The suspension of all fines may be allowed by the library director no more than once a year to
encourage the return of overdue library materials.
(h) All fees required by this Section shall be established by resolution of the City Council from time
to time, a copy of which shall be on file in the office of the City Secretary.
"Sec. 7-5. Library Theft.
A person commits the offense of library theft if such person commits any of the following acts:
(1) removes any library material or equipment from the premises of a library facility without
authority to do so;
(2) conceals any library material or equipment 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 or
equipment is not visible through ordinary observation, and removes such library material or equipment
beyond the last point in the premises of the library at which library material or equipment may be borrowed in
' accordance with procedures established by the library for the borrowing of library equipment or material;
(3) with the intent to deceive borrows or attempts to borrow any library equipment or 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 false or fictitious library card;
(4) borrows library material from the library and knowingly and willfully fails to return such library
material within thirty (30) days after receiving written notice by registered or certified mail from the library
demanding the return of such library material; or,
(5) failure to pay any fees assessed under Section 7-2, above."
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as
amended hereby, which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
' former law is continued in effect for this purpose.
SECTION 5. Any person, firth or corporation violating any of the provisions or terns of this ordinance or of
the Code of Ordinances, as amended hereby, shall be subject to the same penalty as provided for in the Code
of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine
Ordinance No. 2961-11-10, Page 2
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not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Fach and every violation shall be
deemed to constitute a separate offense, and each and every day such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption as the law and charter provide, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 9Tm DAY OF NOVEMBER, 2010.
APPROVED AS TO FORM:
,DyYl.a..0y
Peter G. Smith, CITY A6fToRNEY
(PGS:11-03-10:46229)
APPROVED:
�24�24:�
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, C, CITY SEoWrARY
Ordinance No. 2961-11-10, Page 3