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HomeMy WebLinkAboutOrdinance #1106ORDINANCE No . 11 ~,_ AN ORDINANCE AMENDING TITLE 6 OF THE CAN'T'ON MUNICIPAL CODE BY ADDING THERETO THE FOLTAWING CHAP`I~R 11 RELATING TO THE OFFENSE OF LIBRARY THEFT. Wf~REAS, the Legal and Ordinance Committee of the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to amend its Municipal Code to provide for the offense of Library Theft; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, 8E IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That Title 6 of the Canton Municipal Code is hereby amended by adding thereto the following Chapter 11: "Chapter 11 Library Theft OECTION: 6-11-1: Title 6-11-2: Definitions 6-11-3: Library Theft 6-11-4: Posting of Warning 6-11-5: Penalty 6-11-6: Restitution 6-11-1: TITr~: This Ordinance shall be known and may be cited as the Library fih~fi~-Ordinance,. 6-11-2: DEE'INITIONS: As used in this Chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: Library card: A card or plate issued by a library facility for purposes of identifying the person to wham the library card was issued as authorized to borrow, subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card, library material. Library facility: Any city .library, other public library, or any library of a museum, educational, historical or eleemosynary institution, organization or society. Library material: Any book, plate, pmcture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, doc~urent, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other doctunentary, 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. Premises of a library. facility: iYle ixaterior of a builyding, structure or other enclosure in which a library facility is located and in which the library facility keeps, displays and makes available for inspection or borrowing library material, but for purpose of this ordinance, such premises do not include the exterior appurtenances to such building, structure or enclosure nor the land on which such building, structure or other enclosure is located. 6-11-3: LIBRARY THEFT: A person commits the offense of library theft when h~ or she dies any of the following acts: (a) Removed any library material'froan the premises of a library .facility without ahthority to do so; or (b) 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 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 the library facility for the borrowing of library material; or (c) Borrows or attempts to borrow any library material from a library facility 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, cancelled or expired, or (iii) use of a library card knowing that it is falsely made, counterfeit or materially altered; or, (d) Borrows from a library facility library material and without good cause fails to return such library material within 30 days after receiving written notice by registered mail from~the library facility demanding the return of such library material. 6-11-4: POSTING OF V~RNING: Each library facility shall post a copy of this ordinance 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. 6-11-5: PEL~ALTY: Any person, firm or corporation violating any provi- sion of this ordinance shall be fined not less than twenty-five nor mere than five hundred dollars for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Court costs and expenses shall be in addition to the fine assessed. 6-11-6: RESTITUTION: In addition to the mandatory penalty and court costs, any person found guilty of Library Theft shall, as applicable, be required to make restitution for lost, destroyed, or damaged articles at such article's reasonable replacement and/or repair cost. Such restitution amount shall be included in the Court's judgment and shall be paid upon such terms and conditions as the Court may deem just." 2. That this Ordinance shall be in full force and effect ten days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSID by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 4t-h day of March , 1986, upon a roll call vote as follows: AyID; Aldermen Zilly, Steck, Workman, Bohler, May, Chapman. ~yS; None . AgS~; Alderman Kovachevich. APPROVED: a Donald E. Edwards, Mayor ATTEST: ~~-J Y an Whi s, City ClE:rk p~~i~G~yc,~~ian instructions 9, ~ i„J ~` ~1 X11. ~al~x~6'4a~1 ~'Cl~.i3S~ !'ss rs?3~~~~1~~ ~~~11 ~~~~ O ~~bfi~~a g~~ ~ .~~~r~w~ ~~ ~6rc~~ati~n ~ev~spa~per 3-s-S~ Aate ..~ Coty A~. _ _...Y.~. _~__.