Number
061183
Version
ORIGINAL
Reference
Sponsor
Ald. Davis, D’Amato, Hamilton and Witkowski
Title
An ordinance relating to unlawful library acts.
Sections
106-21-1-d cr
106-21-1-e cr
106-21-3-d cr
106-21-4-a am
106-21-4-b am
106-21-5-b-1 am
106-21-7 rn
106-21-7 cr
106-21-8 rn
106-21-8-b am
106-21-9-c rn
106-21-9-c cr
Analysis
This ordinance adds new provisions defined as unlawful library acts: anyone who misuses library computer records, fails to return library material, gives false information when registering for a library card, or alters library computer records.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
PART 1. Section 106-21-1-d and e of the code is created to read:
106-21. Unlawful Library Acts.
1. DEFINITIONS.
d. “Incident location” for purposes of this section shall be 814 West Wisconsin Avenue, Milwaukee, Wisconsin.
e. “Library computer record” means any circulation, registration, catalog, image recording or any electronic record kept in the regular course of business by the library or its designee.”
PART 2. Section 106-21-3-d of the code is created to read:
3. FAILURE TO RETURN LIBRARY MATERIAL.
d. No person may fail to return, relinquish or produce library materials in his or her possession regardless of due date upon demand by a police officer, agent or employee of the library.
PART 3. Section 106-21-4-a and b of the code is amended to read:
4. THEFT OF LIBRARY MATERIAL.
a. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material with a value of $500 or less without the consent of a library official, agent or employee and with the intent to deprive the library of possession of the material may be penalized in sub. [[7-b]] >>8-b<<.
b. The concealment of library material beyond the last station for borrowing library
material in a library >>or possession of library material from which security tags or property identification markings have been removed<< is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.
PART 4. Section 106-21-5-b of the code is amended to read:
5. FRADULENT REGISTRATION AND USE OF LIBRARY MATERIALS.
b-1. Directly or indirectly giving false or misleading information on a library registration form >>in any manner<<.
PART 5. Section 106-21-7 and 8 of the code is renumbered 106-21-8 and 9.
PART 6. Section 106-21-7 of the code is created to read:
7. ALTERATION OF COMPUTER RECORD.
No person may alter a library computer record with the result that such alteration destroys, masks, alters or otherwise makes the record untrue or unreliable.
PART 7. Section 106-21-8-b of this code is amended to read:
8. PENALTY.
b. A person who violates [[sub]]>>subs.<< 4 >>and 7<< may be required to forfeit not more than $1,500.
PART 8. Section 106-21-9-c of the code is renumbered 106-21-9-d.
PART 9. Section 106-21-9-c of the code is created to read:
9. CITATIONS.
c. Citations issued for violation of the sub. 3 shall, for administrative purposes, refer to the incident location defined in this section.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Milwaukee Public Library
Drafter
LRB-06404-1
AW
01/04/07