Loud or unreasonable noises or other disturbances are prohibited, including but not limited to, noises caused by loud or disruptive voices or behavior, electronic devices, or phones. Cell phones are to be used in designated areas only.
(Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09)
Harassing of library users or staff is prohibited. "Harassing" includes, but is not limited to, verbal and non-verbal expression such as staring at, or following library users or staff.
(Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09)
Users of the library must observe proper hygiene by not offending others with unreasonable odor, including bodily or personal property. Library users must also wear shoes, shirts and pants/shorts/skirts while in the library.
(Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09; Ord. 2019-09, eff. 12/19/19)
Children should be supervised in the library by parents or guardians. Proper supervision of children in the library by parents or guardians includes, but is not limited to, accompanying children less than 13 years old to, in and from the library at all times.
(Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09; Ord. 2014-02, eff. 4/17/14)
Library uses must adhere to all safety standards in the library, for example not impeding movement by others in the library or creating a safety hazard by the inappropriate placement of personal belongings.
(Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09)
In addition or as an alternative to a criminal or administrative citation for a violation of this Chapter, a library user is subject to the Exclusion Process.
(a) 
General Provision. A library customer is subject to exclusion from the library or may otherwise have his or her library privileges restricted or suspended if he or she (or a person under his or her control or direction) violates any of the provisions of this Chapter within 90 days after he or she was given a verbal warning for a violation of the rules of conduct and a subsequent written warning notice of a violation of the rules of conduct. Serious violations of the rules of conduct may result in the issuance of a written warning notice without a verbal warning.
(b) 
Persons Authorized to Issue Warning or Exclusion Notices. The City Librarian shall designate those library staff employees who are authorized to issue warning and exclusion notices.
(c) 
Minor Violations – Issuance of Warning or Exclusion Notices.
(1) 
Warning Notice. A City Librarian designated employee may give a patron a verbal warning for a violation of the rules of conduct as set forth in this Chapter, but a verbal warning is not required and is provided only as a courtesy. Whether or not a verbal warning is given, a City Librarian designated employee may issue a written warning notice for a violation of the rules of conduct set forth in this Chapter. The warning notice may specify that the recipient must leave the library for the remainder of the day, and that in the event a second violation of the rules of conduct occurs within 90 days of issuance of the warning notice, that person may be subject to exclusion from the library or the loss of some or all of his or her library privileges as the City Librarian designated employee may determine to be appropriate. The warning or exclusion notice shall also contain information concerning the right to appeal to the City Librarian pursuant to the provisions in Section 8-17.16. The person to whom the warning notice is issued shall sign a written acknowledgment of its receipt. If the recipient refuses to sign, the person issuing the warning notice shall make a written record of the refusal.
(2) 
Exclusion Notice. If a library user has received a warning notice and again violates a rule of conduct within 90 days of the date of issuance of the warning notice, a City Librarian designated employee may issue a written exclusion notice excluding the person from the library or losing some or all of his or her library privileges as the City Librarian designated employee may determine to be appropriate. If the person is excluded from the library, the exclusion shall be for a period of no less than one month and no more than twelve months. The exclusion notice shall specify the person that is to be excluded from the library, the period of the exclusion, the time the exclusion is to commence, any library privileges being lost and the specified period of loss, and information concerning the right to appeal the exclusion notice to the City Librarian pursuant to the provisions of Section 8-17.16. The person to whom the exclusion notice is issued shall sign a written acknowledgment of its receipt and allow his or her photograph to be taken. If the recipient refuses to sign, or allow his or her photograph to be taken, the person issuing the exclusion notice shall make a written record of the refusal.
(d) 
Serious Violations – Issuance of Exclusion Notices.
(1) 
Warning Notice. A warning notice is not required for a serious violation of the rules of conduct set forth in this Chapter. In order for a violation of the rules set forth in this Chapter to constitute a serious violation, the patron's behavior must be confrontational, violent, dysfunctional, harassing or rise to the level of a public nuisance. In addition, any criminal conduct as set forth in the California Penal Code, whether or not such conduct is also a violation of the rules set forth in this Chapter, shall be considered a serious violation.
(2) 
Exclusion Notice. If a library user has committed a serious violation, a City Librarian designated employee shall issue a written exclusion notice excluding the person from the library for up to a 12 month period effective upon the issuance of the exclusion notice. The exclusion notice shall also include information concerning the right to appeal the exclusion notice to the City Librarian pursuant to the provisions in Section 8-17.16. The person to whom the exclusion notice is issued shall sign a written acknowledgment of its receipt and allow his or her photograph to be taken. If the recipient refuses to sign, or allow his or her photograph to be taken, the person issuing the exclusion notice shall make a written records of the refusal.
(Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09; Ord. 2014-06, eff. 9/18/2014)
(a) 
The individual to whom a warning or exclusion notice is issued shall have the right to an appeal from the issuance of the notice.
(b) 
A notice of appeal of a warning notice or an exclusion notice must be filed, in writing, with the City Librarian within five calendar days of the issuance of the warning or exclusion notice. The notice of appeal shall state the following:
(1) 
The appellant's name;
(2) 
The appellant's address and a telephone number where he or she can be reached;
(3) 
A concise statement as to why the appellant believes that the issuance of the warning notice or the exclusion notice was invalid or unjustified; and
(4) 
A copy of the warning notice or exclusion notice shall be attached.
(c) 
A hearing on the appeal shall be held no more than 15 calendar days after the filing of the appeal, except the City Librarian may postpone the hearing date at the request of the appellant or library staff for good cause. The appellant shall be provided notice of the hearing date, time, and location at least five calendar days prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present and present evidence that the warning notice or exclusion notice is invalid or unjustified. The appellant shall have the right to cross-examine library staff witness(es). The decision of the City Librarian shall be final and in writing.
(d) 
At the hearing, library staff shall have the burden to show by a preponderance of evidence that the warning notice or exclusion notice was based on and justified by a violation of the rules of conduct described in this Chapter.
(e) 
Copies of all library staff documents to be used by the library staff at the hearing shall be made available to the appellant at least five calendar days prior to the hearing.
(Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09)
The Director of the Library may promulgate additional rules of conduct not set forth in this Chapter, but a violation of such a rule shall not be subject to the criminal penalty set forth in Section 8-17.14; although a violation of an additional rule not listed herein may be the basis for the exclusion process set forth in Section 8-17.15.
(Ord. 2018-02 § 5, eff. 4/5/18)