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HomeMy WebLinkAboutAdmin Order 57-14-01-FADMINISTRATIVE ORDER NO. 57-14-01-F of the Library, Recreation & Cultural Services Department AMENDMENT OF THE EUGENE PUBLIC LIBRARY RULES AND REPEAL OF ADMINISTRATIVE ORDER NO. 57-11-01-F. The Executive Director of the Library, Recreation & Cultural Services Department (LRCS) of the City of Eugene finds that: A. Subsection 2.019(1)(h) of the Eugene Code, 1971 authorizes the City Manager or designee to adopt rules for implementation of any provisions of the Eugene Code, 1971. Section 5.040 of that Code authorizes the City Manager or designee to regulate street/sidewalk access. Section 5.130 of that Code prohibits persons from obstructing the free movement of vehicles or pedestrians using the streets/sidewalks. The City Manager, by Administrative Order No. 57-95- 01, delegated the authority to adopt rules for the Library to the Executive Director of the Library, Recreation & Cultural Services Department. In addition, the City Manager, by Administrative Order No. 58-09-14, delegated the authority to regulate street/sidewalk access for the area surrounding the Downtown Library to the Executive Director of the Library, Recreation & Cultural Services Department. Be On February 6, 2014, 1 issued Administrative Order No. 57-14-01, proposing to amend the Eugene Public Library Rules that had been adopted by Administrative Order No. 57- 11-01-F on May 19, 2011. The proposed amendments were set out in Administrative Order No. 57-14-01, and are necessary due to policy changes recommended by staff in order to streamline the Restriction of Use process; amend the time period for returning misplaced library material in order for patrons to receive a refund of their lost material fees; add the use of electronic cigarettes and consumption of food as prohibited conduct; and increase the time for requesting an informal hearing and the amount of time the Executive Director has to schedule the a hearing. C. Notice of the proposed amendments was published in the Register -Guard newspaper on February 12, 13, 14, 15, and 16, 2014, and made available to any person who had requested such notice. The Notice provided that the proposed amendments could be reviewed at the Eugene Public Library, 100 West 10th Avenue, Eugene, Oregon 97401, during normal hours of operation, and on the City of Eugene's website, and advised that written comments would be received for 15 days from the first date of publication of the Notice. No comments were received, within the time or in the manner provided in the Notice. Therefore, based upon the above findings, and the findings in Administrative Order No. 57-14-01, and pursuant to the authority of Section 2.019 of the Eugene Code, 1971, and Administrative Order Nos. 57-95-01 and 58-09-14, as of the effective date of this Order, Administrative Order No. 57-11-01-F is repealed, and the amended Eugene Public Library Rules are adopted to provide as follows: Administrative Order 57-14-01-F - Page 1 of 10 EUGENE PUBLIC LIBRARY RULES 1.000 AREAS COVERED. These rules apply to all library property and premises. "Library" includes the downtown library and each of the branch libraries. Library property and premises (hereinafter referred to as "the Library premises") includes: (a) All Library branch buildings, interior and exterior; (b) Vehicles; (c) Library parking lots; and (d) The alley behind the Downtown Library, and the street -facing areas outside of the Downtown Library extending to the curbs, but excluding the sidewalks as depicted on the map attached as Exhibit A to these Rules. Conference rooms at the library are available for use by the public subject to the policy established by the Executive Director and in accordance with an executed use agreement. 1.005 RESPONSIBILITY FOR ADMINISTRATION OF RULES. The responsibility for the use and operation of the library has been delegated to the LRCS Executive Director by the City Manager. Except for actions specifically required in these rules to be performed by the Executive Director or City Manager, library employees are authorized to administer and enforce these rules, as are contractors to the extent authorized in writing by the Library Services Director. 1.010 LIBRARY HOURS. The library is open for use by the public in accordance with a posted schedule of hours. Except for library employees, no person shall remain in the library nor fail to comply with a request to leave the library at closing time. 1.015 ENFORCEMENT. These rules may be enforced by authorized City personnel, including library employees and police officers, and by City contractors if authorized in writing to do so by the Library Services Director. 1. Enforcement by Authorized City Personnel. (a) If a violation of these rules takes place in the presence of authorized City personnel, authorized contractors, City police officers, or other person in lawful charge of the Library premises, they may: Administrative Order 57-14-01-F - Page 2 of 10 1. Request that the person cease the conduct that is violating the rules; or 2. Request that the person leave the Library premises; or 3. Approve a Notice of Restriction of Use to the person (except that a contractor shall not approve a Notice of Restriction of Use); or 4. Any combination of the above. (b) If the violator fails to comply with a request described in subsection 1(a) of this section or is in violation of a previously issued Notice of Restriction of Use, then authorized City personnel or other person in lawful charge of the Library premises may place the violator under arrest for trespass. If such action is taken, the police department shall be contacted immediately for further action pursuant to subsection 2 of this section. (c) A Notice of Restriction of Use issued by authorized City personnel pursuant to subsection (1)(a)3. of this section shall: 1. Specifically state the rule or rules alleged to have been violated; 2. Be signed by the department personnel issuing the notice; and 3. Contain a statement that a complaint against the violator may be filed in the Municipal Court of the City of Eugene. (d) If the City Prosecutor authorizes issuance of a complaint, all subsequent proceedings shall be in accordance with the rules and procedures of the Municipal Court. 2. Enforcement by City of Eugene Police Officers. (a) In addition to any other existing authority for citation and/or arrest, if a violation of these rules takes place in the presence of a police officer, the violator may be subject to arrest by the officer, or, the officer may issue a misdemeanant citation in lieu of arrest. (b) A police officer may also take into custody or issue a misdemeanant citation for trespass to a person if the officer is contacted and advised that authorized City personnel or other person in lawful charge of the Library premises has placed the violator under arrest for trespass for: 1. Failure to comply with a request by authorized City personnel or other person in lawful charge of the Library premises to leave the Library premises; or 2. Violation of a previously issued Notice of Restriction of Use issued pursuant to subsection (3) of this section which excludes the violator from the Library premises. (c) If a violator is arrested or issued a misdemeanant citation by a police officer, the officer's report, together with the report of the person acting under Administrative Order 57-14-01-F - Page 3 of 10 subparagraph (b) of this subsection, if applicable, shall be promptly forwarded to the City Prosecutor who shall determine whether a complaint shall be issued. (d) After a complaint has been filed and served on the defendant, all subsequent proceedings shall be in accordance with the rules and procedures of the Municipal Court. 3. Notice of Restriction of Use. (a) The City may, in its discretion, notify any person who engages in conduct that results in the person being asked to leave the Library premises, being issued a Notice of Restriction of Use pursuant to subsection (1)(a)3. of this section, being arrested or cited by a police officer for any violation of library rules, the Eugene Code, 1971, or state or federal law, that they are prohibited from future use of the library, and their entry therein or thereon will constitute trespassing and that further legal action will be taken accordingly. (b) Any person(s) using or renting a library facility pursuant to a license or permit issued by the City may have that license, permit or permission revoked and may be immediately removed from the Library premises by authorized City personnel or a police officer if the person is in violation of these rules or of any term or condition of the license or permit. This remedy is in addition to any other remedies available under these rules or the license or permit. The City may, in its discretion, notify any person who engages in conduct that results in the person having a license or permit revoked and being removed from the Library premises, that it may thereafter refuse to accept applications for use or rental of library facilities or may refuse to allow access to the library by a person who violates these rules, state statutes, the Eugene Code, 1971, or any term or condition of a license or permit issued by the City. As used in this subsection, "person" includes, but is not limited to, a business, corporation, association or organization. (c) Notices restricting future use under subsections (3)(a) and (3)(b) of this section shall be issued by the Executive Director or designee, shall state the time period for which future use is prohibited, and shall set forth the reason(s) therefore. (d) Any notice that restricts a person's future use pursuant to subsections (3)(a) and (3)(b) of this section shall contain a statement advising of the. right to request a hearing in the manner set forth in section 1.050 of these rules. Administrative Order 57-14-01-F - Page 4 of 10 1.020. REGISTRATION. 1. City residents. A person aged 16 or over who is a resident of the City may apply for and receive a borrower's card at no cost. The applicant must provide proof of current residence address and identity. A person under the age of 16 who qualifies as a City resident may also receive a borrower's card at no cost if the application is signed by his or her parent or legal guardian. Proof of current residence is required if the parent or guardian does not have a card. 2. Non -City residents. Except as provided in this subsection, a person who lives outside the corporate limits of the City will be charged a fee established pursuant to section 2.020 of the Eugene Code, 1971 for a borrower's card. A person who maintains his or her residence outside the City limits may be issued a borrower's card without payment of a fee if the person owns and pays taxes on real or personal property located within the City limits. The qualification of a person under this section shall extend to all persons residing in the same household. 3. Duplicate cards.. Upon presentation of appropriate identification and payment of the established fee, a duplicate card will be issued upon notification to the library that a card has been lost. 4. Institutional cards. An organization or business located within the Eugene city limits may apply for an Institutional Borrower card to provide for the informational needs of its staff or members. One card is issued per institutional location. The institution, represented by its owner or director, takes full financial responsibility for all use of the card. 5. Gift cards. Gift cards may be purchased for non-residents. 6. False information. No person shall provide false information on an application in order to secure a resident borrower's card. In addition to any other penalties that may be imposed, any cards issued to the person or members of the person's family based on the false information shall be revoked. 7. Public records. No Library employee or volunteer may release library records or reveal information about a library user to any third party or law enforcement agent unless authorized to do so by the Library Director or designee. Except as provided in this subsection, library records, including patron records and patron lists, are public records subject to disclosure. ORS 192.502(22) exempts from disclosure the records of a library, including: circulation records, showing use of specific library material by a named person; the name of a library patron together with the address or telephone number of the patron; and the electronic mail address of a patron. In accordance with this statute, user records of the Eugene Public Library that contain a patron's name with address and/or telephone number, the electronic mail address of a patron, or any records that show the use of specific library materials by named persons, are exempt from disclosure. Administrative Order 57-14-01-F - Page 5 of 10 1.025 BORROWING. 1. The Executive Director of LRCS shall establish a written schedule that establishes the initial loan period, renewal period, and limitations on the number of Library circulating materials that may be loaned to a patron at one time. A copy of the schedule shall be publically available. Non -circulating materials such as reference materials, newspapers, and magazines may not be removed from the Library without written authorization from library personnel. 2. If library materials are not returned by the due date, the Library shall contact the patron requesting the return of the materials, advising the patron of the service charges; the replacement cost of the items on loan; that the matter may be turned over to a collector, resulting in an additional charge; and/or proceedings may be instituted in Municipal Court for violation of Section 4.795 of the Eugene Code, 1971 (Detention of City Books, Papers, Etc.). 3. Pursuant to the provisions of Section 2.020 of the Eugene Code, 1971, the City Manager shall establish a schedule of fines and fees for library materials returned late, materials that are lost, materials that are damaged, and fees for faxes, printing, copying, staff services, conference room rental, appeal fee, and any other applicable fees. 4. If a patron pays the library for lost material and subsequently locates and returns the undamaged material to the library within three months of the original due date, the amount previously paid by the patron will be refunded, less all service and collection charges, which are not refundable. 1.030 PROHIBITED CONDUCT. In addition to other restrictions imposed in these rules, or any act that constitutes a violation of federal or state law or the Eugene Code, 1971, the following prohibitions apply to the Library premises and to all persons entering in or on the Library premises: (a) No person shall engage in disruptive behavior. As used herein, "disruptive behavior" includes, but is not limited to, behavior that: (1) interferes with the use of the library by other patrons; (2) interferes with or hinders library staff in the performance of their duties; (3) is inconsistent with the purpose and intent of the library and is disturbing to other patrons or the staff, including, but not limited to, bathing, shaving, washing hair, changing clothes, or preparing meals in the library bathrooms, and using any portion of the Library premises for living accommodation purposes; (4) consists of conversations or laughing in a manner loud enough to interfere with other patrons' use and enjoyment of the library; and (5) involves the use of abusive or threatening language or gestures. (b) No person shall permit a child under ten years of age for whom they are responsible to be or remain unattended by an adult within the library. For purposes of this subsection, an adult who brings a child under ten years of age into the library is responsible for that child. Administrative Order 57-14-01-F - Page 6 of 10 (c) No person shall sell, distribute or consume any alcoholic beverage, or possess any open container of an alcoholic beverage, on the Library premises, except as allowed at Library -approved events. No person shall be under the influence of any controlled substance as defined in ORS 475.005 or any intoxicating liquor on the Library premises. (d) No person shall smoke or use any tobacco products or electronic cigarettes within the library or on Library premises or violate Sections 6.225 through 6.240 of the Eugene Code, 1971, or City Manager Administrative Order No. 44-14-01. (e) Consumption of food is prohibited in library buildings. Beverages in containers with lids are allowed. Exceptions may be made for specific library -approved events. (f) No person shall use skateboards, roller blades, roller skates, scooters, wheeled shoes with wheels protruding, or other similar wheeled apparatus in or on the Library premises. Bicycles are not permitted inside library buildings, including vestibules or covered doorways, unless a bicycle rack is provided within the area. (g) Except for service animals (as defined under Americans with Disabilities Act regulations), no animals are permitted within the library. (h) No person, unless contracted with the City to do so, shall solicit, sell, offer for sale, peddle, or advertise any goods or services within the library. (i) No person, except authorized City staff, or persons specifically authorized by City staff, shall enter areas of the Library premises posted for use by City staff only. 0) No person shall use library materials, equipment, furniture or fixtures in a manner inconsistent with the customary use thereof, in a destructive, abusive or damaging manner, or in a manner that could result in personal injury or injury to others. (k) Persons shall park vehicles on Library -designated parking areas only for purposes of visiting the library building. Persons shall park bicycles at Library -designated bicycle racks only for purposes of visiting the library building. Parking for other reasons and parking by Library building staff is subject to towing at owner's expense. (1) No person shall violate the library's posted computer use policy. (m) No person over the age of four shall sleep on the Library premises. (n) No person shall use electronic equipment at a volume that disturbs others, including, but not limited to, cellular telephones, mobile devices, and laptop computers on the Library premises. Administrative Order 57-14-01-F - Page 7 of 10 (o) No person shall enter the library unless wearing a shirt, a bottom garment (e.g., pants, shorts, skirt) and shoes, and no person shall remove such attire once inside Library buildings. (p) Weapons are prohibited on the Library premises as provided in Sections 4.885 through 4.895 of the Eugene Code, 1971. (q) No person shall bring onto the Library premises, so as to be visible by Library patrons or staff, items which would not normally be used in a library and which, when displayed, would be perceived by a reasonable person to be a potential weapon. Such items include, but are not limited to; machetes, knives, swords, box -cutters, and mace. 1.035 POSTING AND DISTRIBUTION OF PROMOTIONAL MATERIALS 1. The library bulletin board(s) located at the front entry are available for posting announcements and other public communications. No posting shall contain libelous or obscene messages. Because of the limited availability of space, the following restrictions apply: (a) All postings shall be limited in duration to a maximum of two weeks. (d) Priority in the use of the bulletin board(s) shall be given to official announcements of the City, e.g., notices of public hearings and promotion of events occurring at City facilities. B. Materials which comply with the above guidelines may be placed at the front entry bulletin board and display rack in the library for public dissemination. If such materials cause substantial littering of the Library premises, the placement of all such promotional materials may be rescinded by the Library Services Director. 3. No person shall personally distribute promotional materials, pamphlets, or other written communications inside the library, except for library materials. No person shall picket or solicit signatures for an initiative or referendum petition inside Library buildings. All such activities shall occur outside the library building in a manner and at a place that does not block ingress to or egress from the library or circulation of motor vehicles in the library parking lot. 1.040 UNATTENDED AND UNCLAIMED ARTICLES. The City of Eugene is not responsible for personal property such as backpacks, bags, suitcases and purses on Library premises. Personal property should not be left unattended. Unattended articles found on Library premises shall be turned over to the Library Services Director and disposed of in accordance with applicable city and state law. Administrative Order 57-14-01-F - Page 8 of 10 1.045 WAIVER. The Executive Director may, by administrative order, temporarily waive any of the requirements of these rules upon finding that such waiver is in the public interest and will not seriously prejudice or infringe upon the use and enjoyment of the library by others. The order shall specifically state the rule provision being waived, the time period to which the waiver is applicable, and the reason(s) for the waiver, which must support the required finding. Any waiver granted under this authorization shall be limited to the specific time and/or place set forth in each order, and shall not be construed to be a continuing waiver of that or any other provision of these rules, or an agreement to waive such rule at any future time for that or any other person or entity. 1.050 HEARING AND APPEAL PROCEDURE. 1. Persons who have received a notice issued pursuant to subsection (3)(a)(b) of Rule 1.015 that restricts their future use of the library may request an informal hearing to contest the notice. 2. The request for an informal hearing must be in writing and filed with the LRCS Executive Director at the location indicated on the notice within seven days of receipt of the notice. 3. The Executive Director or designee shall schedule a time and place for the informal hearing to be conducted, which shall be not more than seven days after receipt of the request for hearing. 4. 'At the informal hearing the Executive Director or designee shall consider testimony from the City personnel involved in the incident that resulted in the notice, testimony from the person requesting the hearing, and testimony from any other witnesses to the incident. The Executive Director or designee may exclude anyone from the informal hearing, other than the person that requested the hearing, that is not presenting testimony to the Executive Director or designee. 5. Within 72 hours of the informal hearing the Executive Director or designee will issue a written decision affirming, modifying, or cancelling the notice. The decision shall be delivered or mailed to the person that requested the hearing on the date issued. The written decision of the Executive Director or designee shall be final on the 16th day after it is issued unless prior to that time a notice of appeal is filed with the Executive Director in accordance with Section 2.021 of the Eugene Code, 1971. The appeal shall be heard by a hearings official appointed by the City Manager and the hearings official's decision shall be the final decision. Administrative Order 57-14-01-F - Page 9 of 10 PENALTIES. Violation of any provision of these Library Rules adopted under Section 2.019 of the Eugene Code, 1971, is punishable by a fine not to exceed $500 or confinement in jail not to exceed 30 days, or both such fine and imprisonment. In addition to, and not in lieu of such enforcement, the City Manager or designee may impose upon the violator an administrative civil penalty as provided in Section 2.018 of the Eugene Code, 1971. Dated and effective this day of March, 2014. Renee Grube LRCS Executive Director, AIC Administrative Order 57-14-01-F - Page 10 of 10 MAP OF DOWNTOWN LIBRARY PREMISES 100 WEST 10TH AVENUE, EUGENE OREGON 97401 (541) 682-5450 www.eugene-or.govAibrary 0 `LLLF1j-LL2jif oil Ifrrurufrli__- �Iiil�rl.oTi:. ���( , all If �I-„ 1 I I ` I �I� II—a r I—I 0 I': I �f • a MAP OF DOWNTOWN LIBRARY PREMISES 100 WEST 10TH AVENUE, EUGENE OREGON 97401 (541) 682-5450 www.eugene-or.govAibrary 0