Chapter 12 · Public Property

Article 3. Public Library

Sections 12-301 to 12-304 · 4 sections

12-301 Unlawful possession.

It shall be unlawful for any person to fail to return any book, newspaper, magazine, pamphlet, manuscript, article, art print, phonograph, record, cassette tape, video tape, film or any other property owned by, or consigned to, the Hesston public library after written notice to return the same within 30 days has been given to such person, provided such notice shall be given after the expiration of the time, which by the rules of the library board, the book or other library material may be kept.

(Ord. 160-1990-004, Sec. 1)

12-302 Written notice.

The notice required in section 12-301 shall be given by the librarian of the Hesston public library and shall be substantially presented as follows:

(a)The notice shall be in writing;

(b)Specifically state the violation(s) alleged to exist or to have been committed;

(c)Specify that the person to whom the notice is issued shall have 30 days within which to correct the violations specified;

(d)Be addressed to and served upon the holder of the library card at the most recent address as it appears from such person’s application for a library card or most recent address provided the librarian by the card holder. Such notice shall be deemed properly served upon such holder or owner of a library card if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail to the most recent address listed on his or her application for a library card.

(Ord. 160-1990-004, Sec. 1)

12-303 Prosecution of library card holder.

In any prosecution charging a violation of section 12-301, proof that a particular individual was the registered holder of a particular library card which was used to secure any book or any other library property, shall constitute in evidence a prima facie presumption that the record owner or holder of such library card was the person who utilized the same to secure a certain book or other property of the Hesston public library at the point where and at the time when such violation is alleged to have occurred. The foregoing stated presumption shall apply only when the procedure as prescribed by section 12-302 above has been followed.

(Ord. 160-1990-004, Sec. 1)

12-304 Same; penalty.

Any violation of the provisions of this article shall constitute a code violation and any person violating any of the provisions of this article shall upon conviction thereof be fined in a sum not less than $50.00 nor in excess of $500.00.

(Ord. 160-1990-004, Sec. 1)