sr-020811-7eCity Council Meeting: February 8, 2011
Agenda Item: ~~
To: Mayor and City Council
From: Greg Mullen, Director, Library
Subject: Proposed Ordinance Amending the City's Municipal Code Regarding
Rules for Use of City Libraries
Recommended Action
Staff recommends that City Council introduce for first reading the attached ordinance
amending the City's Municipal Code Chapter 1.08 to allow the Library to suspend the
Library visitation and borrowing privileges of patrons violating the Library Rules of
Conduct.
Executive Summary
Existing City law states that persons who violate Library rules established by the Library
Board are subject to suspension of their borrowing privileges for up to one year. The
proposed ordinance amends the law to increase .the consequences for violations of
Library Rules by establishing the ability to ban persons from Library facilities for up to
one year and to suspend borrowing privileges indefinitely pending the resolution of
outstanding fines and fees. An appeals-process for anyone banned from Library use is
also established by this ordinance. The cost to reprint, post and distribute the new
Library Rules is approximately $500.
Discussion
Over 1,500,000 visits are made to Santa Monica Public Libraries per year. The vast
majority of the visitors comply with the Library Rules of Conduct. A few, however,
behave so badly and violate Library Rules to such an extent that they cause major
disruption to Library business and other Library customers. The most. severe
consequence currently available to Library staff is to require a visitor to leave for the day
and/or to suspend a visitor's ability to borrow materials for a period of time. Currently, a
visitor who has been told to leave cah return the next day and repeat the same
disruptive behavior
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Under the existing law, a person who violates Library Rules and refuses to leave the
Library may be charged with a misdemeanor. In practice, when the police are called to
assist in such a situation, they only require the person to leave the Library for the day.
Criminal citation or arrest is never made based upon such a violation. The result, again,
is that the person can return the next day and repeat the disallowed behavior.
Five to ten people are asked to leave the Library each day due to violation of the Library
Rules. During 2010, the Library Services Officers documented 278 incidents that
required a call to the police or were deemed to be more significant. Eleven of these
visitors' behavior was so extreme that Library Administration suspended their borrowing
privileges for a period of time, typically 30 days. The disruptive behaviors included
fighting, verbal altercations, overturning of furniture, threats to Library staff or fellow
patrons, hacking of public computer software, and throwing of objects. Several of these
visitors continued to visit the Library and cause disruptions despite being unable to
check out materials or use the public Internet.
The proposed ordinance authorizes Library administration staff to suspend Library
visitation privileges (for up to one year) of persons who violate the Library Rules. Other
California public libraries have procedures for banning persons from their premises and
have found it to be an effective behavior modification tool. Some examples include the
following:
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Maximum
Length of
Library Bannine
Arcadia 14 days
Glendale 30 days
Torrance 6 months
Oakland Public 1 year
San Francisco Public 1 year
Berkeley Public 1 year
Library staff believes that banning major violators will be an effective tool in addressing
problem behavior. Violators will be notified in writing and advised that if they disregard
the suspension, they could face prosecution.
The proposed ordinance further authorizes Library staff to indefinitely suspend a
patron's borrowing privileges until he/she pays outstanding Library fines and returns
overdue library materials. This proposal is a common practice in U.S. public libraries.
Withholding a patron's borrowing privileges is an incentive for patrons to pay their
Library bills. The practice protects the collection of Library material from damage, loss
and misuse.
The Santa Monica Library Board establishes and reviews Library Rules. Library Rules
of Conduct reflecting the Library's ability to ban patrons from the premises were
adopted by the Board on November 4, 2010, pending Council approval of the
corresponding ordinance.
Appeals Analysis
An appeals process will be established by this amended ordinance. Any visitor whose
Library visitation privileges are suspended may file an appeal form with the City Clerk's
office. Appeals will be heard. by the City Manager or Assistant City Manager. If they are
unavailable, a Hearing Officer will be appointed. City staff will respond in writing to the
appeal. The Hearing Officer will issue a written decision. The final City decision can be
appealed to the Los Angeles County Superior Court.
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Financial. Impacts & Budget Actions
It is estimated that reprinting the Library Rules of Conduct for posting at the Library
entrances will cost approximately $400. Printed handout copies of the Library Rules will
cost approximately $100. No additional budget impacts are projected.
Prepared by: Claudia Fishier, Assistant City Librarian
Approved:
Greg Mullen
Director, Library
Forwarded to Council:
'~`%~°'~
Rod Gould
City Manager
Attachments:
A. Library Rules of Conduct adopted November 4, 2010
B. Ordinance
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200 Santa M®nica Public Librar~o
T
Adopted by the Library Board November 4, 2010
The Santa Monica Public Library is open to the general public. Everyone has the
right to use Library services and resources provided. his or her behavior does not
unreasonably interfere with the rights of others to do the same. Visitors are
expected to follow these Rules of Conduct.
These rules are intended to maintain the Library's peaceful atmosphere,
facilitate Library usage, preserve easy access to Library materials, and
protect Library property.
Please be considerate of others by refraining from activities that may disturb
the peace of Library users and staff or disrupt Library activities. Keep all
conversations hushed and put your cell phone on silent mode.
Dangerous, destructive or illegal conduct, including but not limited to the
following, is strictly prohibited:
® Engaging in or threatening physical assault or abuse
• Displaying a weapon of any type
• Threatening or harassing other patrons or staff (including but not limited to:
battery, verbal threats, stalking, offensive staring, or offensive touching)
• Damaging, defacing,. or destroying Library property
Additional Prohibited Activities:
• Sleeping. in the Library or on Library grounds
• Eating in-the Library or on Library grounds except in the. Main and Branch inner
courtyards or at special events when approved by Library Administration
• Using tobacco products in the Library or on Library grounds
® Loitering in the Library parking lots or garage
• Distributing or posting printed material in the Library
• Leaving belongings unattended. (Unattended items will be removed.)
• Possessing or consuming alcohol or illegal drugs or using the Library while
appearing under the influence of alcohol or drugs
• Disrupting the Library with noisy or disorderly conduct such as loud
conversation, or running in the building
® Using electronic devices or other personal equipment that is disruptive, noisy or
unsafe
• Prohibited Activities (continued):
• Soiling Library facilities, materials or equipment
• Selling, soliciting or any other commercial activity in the Library
• Using the Library while barefoot, shirtless or without outer clothing and
footwear
® Using more than one seat or table space per person
• Placing feet on tables, chairs or against walls
• Obstructing aisles or access to Library facilities, furnishings or equipment
• Using Library restrooms for bathing, shaving or washing hair or clothes
• Using the Library if one's bodily hygiene is offensive so as to constitute a
nuisance to others
• Leaving children under eight years of age unattended
® Adults unaccompanied by a child using the Youth Services Areas or the Youth
Services' restrooms. (Adults may use the Youth Services Areas while
accompanying or assisting a child, or with the express permission of Library
staff.)
® Failing to return library materials or pay library fines and fees
• Photographing or filming without permission from Library Administration or
Library Supervisory staff
• Manipulating or bypassing Library software systems such as those that
regulate computer use or tampering with Library computer hardware or
accessories.
• Bringing prohibited Items into the Library. The prohibited items include:
• Food, alcoholic beverages, or drinks without caps or lids
• Pets or other animals, with the exception of trained service animals
• Containers, packages, briefcases, parcels or bundles that collectively
exceed 22" x 14" x 12". (Musical instruments are allowed. All items are
subject to inspection.)
• Bicycles or shopping carts (Mobility devices and occupied baby
strollers/carriages are welcome.) Skates, skateboards and collapsible
scooters must be carried and may not be ridden on Library grounds
• Sleeping bags, bed rolls, mats or blankets, except blankets for use by
young children
Consequences:
Any violation of these Library rules or other Illegal conduct in the Library
may be addressed in the following manner:
- Verbal Warning (e.g. Notification of violation and reference to Rules of
Conduct)
- Instruction to leave the Library immediately and not to return for the rest of
the day.
- Suspension of borrowing privileges
- Suspension of Library privileges including removal from, and denial of
access to, all Library services and facilities for up to one year.
- Criminal sanctions
The above remedies may be cumulatively applied.
Appeal of Suspension. Anyone who has been suspended from library use may
challenge the suspension. To request a review of the suspension, please write a
statement of reasons for requesting an appeal, sign, date, provide contact
information and deliver it to the City Manager's office within 7 days of the start of
the suspension. The written appeal will be reviewed by the City Manager or
Assistant City Manager within 30 business days of the receipt of the request for an
appeal. The suspension will remain in effect during the appeal process. The City
Manager or Assistant City Manager's decision is final.
Calif. Education Code Section 19910:
Any person who maliciously cuts, tears, defaces,. breaks, or injures any book, map, chart,
picture, engraving, statue, coin, model, apparatus, or other work of literature, art,
mechanics, or object of curiosity, deposited in any public library, gallery, museum,
collection, fair or exhibition is guilty of a misdemeanor. The parent or guardian of a minor
who willfully and maliciously commits any act within the scope of this section shall be liable
for all damages so caused by the minor.
Calif. Education Code Section 19911:
Any person who willfully detains any book, newspaper, magazine; pamphlet, manuscript or
other property belonging to any public or incorporated library, reading room, museum, or
other educational institution, for 30 days after notice in writing to return the article or
property, given after the expiration of time for which by the rules of the institution the article
or property may be kept, is guilty of a misdemeanor. The parent or guardian of a minor
who willfully and maliciously commits any act within the scope of this section shall be liable
for all damages so caused by the minor.
Council Meeting 2-8-2011
ORDINANCE NUMBER (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 1.08 OF THE SANTA MONICA MUNICIPAL CODE
REGARDING RULES FOR USE OF CITY LIBRARIES
WHEREAS, the. City is home to 90,000 residents, the job site of 300,000
workers, and a destination for as many as 500,000 visitors on weekends and holidays;
and
WHEREAS, all of the City's public facilities are heavily utilized, including its
libraries; and
WHEREAS, City libraries are operated for the benefit of the general public and
must function as shared resources; and
WHEREAS, City libraries often operate close to their peak visitor capacities, with
averages of 132,000 visitors per month and 4400 visitors per day; and
WHEREAS, the very high numbers of library visitors necessitate special efforts to
preserve open access and quite enjoyment of the City library facilities for all patrons;
and
WHEREAS, individuals who cannot or do not regulate their own conduct or who
damage library property or persistently annoy other patrons or disrupt the quiet
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enjoyment of these public facilities make it impossible for the City libraries to serve their
intended purposes; and
WHEREAS, library rules, intended to ensure that City library facilities remain
available to all, serve the general welfare; and
WHEREAS, such rules must be formulated and administered fairly and
reasonably so as to preserve and protect individual rights,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 1.08.030 is hereby amended
to read as follows:
1.08.030 City library and meeting facilities. rules.
(a) The Library Board may promulgate rules for the use of City libraries and
the City Manager may promulgate rules for the use of City meeting facilities.
(b) Such rules shall be formulated to ensure that the libraries and meeting
facilities serve their primary purposes. In the case of libraries, these purposes include
the provision of a quiet and orderly environment in which people may read, study, use
library materials and equipment and contemplate. The purpose of meeting facilities is to
provide an orderly environment in which groups may gather to conduct meetings, attend
lectures and discussions, and undertake other group activities. The rules may regulate
disruptive behavior, noise, offensive odors, health and sanitation hazards, and bringing
possessions, materials or objects into the library or facility which are likely to interfere
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with its use by others. The rules may not unreasonably or unfairly restrict access to
libraries or facilities by any person or group.
(c) Any person who has violated any rule or regulation duly adopted by the
Library Board s#all may be subject to the suspension of his or her borrowing or library
visitation privileges #rem the--L--ibrary for a period not to exceed one year, as provided by
the library rules.
{d) Notwithstanding subsection (c) above any person who carries overdue
Library fines or who fails to timely return borrowed Libran/ materials shall be subject to
the suspension of his or her borrowing privileges until such time that all outstanding
fines are paid and all borrowed materials are returned or paid for.
(e) Any person subject to suspension of his or her borrowing or library
visitation privileges as authorized by subsection (c) above may appeal the suspension
pursuant to Section 1.08 035 Unless otherwise ordered by the Hearing Officer or by a
Court of competent jurisdiction suspensions remain in effect during the pendency of
any administrative or judicial appeal.
(di) Rules for the use of City libraries and meeting facilities shall be
conspicuously posted on the premises. Any person who violates the rules shall be
advised of the violation and the rules' requirements. Any person who fails or refuses to
comply with any rule after receiving a personal notice shall be warned that continued
failure to comply may result in the person being required to leave the premises.
(eg) Any person who fails or refuses to leave the facility after being given the
requisite notice, warning and direction fo leave, shall be guilty of a misdemeanor which
shall be punishable by a fine not exceeding- one thousand dollars per violation, or by
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imprisonment in the County Jail for a period not exceeding six months, or by both such
fine and imprisonment.
Section 2. Santa Monica Municipal Code Section 1.08.035 is hereby added. to
read as follows:
1.08.035 City IibrarV privileges suspension appeals.
a) Any person subject to suspension of his or her borrowing or library
visitation privileges pursuant to Section 1.08.030(c) of this Code, may appeal the
suspension by completing an appeal form stating the basis of the appeal, and returning
it to the City Clerk's Office within 7 days of the start of the suspension.
b) .The City Mahager or the Assistant City Manager shall serve as the
Hearing Officer for any appeal. If both the City Manager and the Assistant City
Manager are unavailable or unable to serve as the Hearing Officer, a Hearing Officer
shall be appointed in accordance with the procedures set forth in Section 1.10.050.
c) City-staff shall submit a written report concerning the suspension to the
Hearing Officer with a copv to the person requesting the hearing, within five business
davs of the City's receipt of the request for appeal. The Hearing Officer may request
additional written or oral information from City staff or the recipient of the suspension
prior to issuing a written decision.
d) The Hearing Officer shall render a written decision within 30 business
days of the City's receipt of the request for appeal. The Hearing Officer may extend this
30 day period, in writing, in order gather and consider additional evidence.
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Any person directly aggrieved by an administrative decision of a Hearing
Officer may obtain review of the administrative decision by filing a petition for review
with the Superior Court in Los Angeles County.
Section 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance..
Section 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether -any portion
of the ordinance would be subsequently declared invalid or unconstitutional..
Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
J
M RSHA NES MOU RIE
City Attor
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