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HomeMy WebLinkAboutORD614ORDINANCE NO.614 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PROVIDING FOR THE ESTABLISHMENT OF LIBRARY POLICIES AND PROCEDURE REGARDING THE DESTRUCTION AND THEFT OF LIBRARY PROPERTY;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I GENERAL In that the Apache Junction City Library has been experiencing repeated incidents of apparent theft of library property,as well as intentional mutilation and destruction of library property,i t has become necessary to establish policies and procedures concerning those actions to be taken by the City Library Director or the Director's designee when such theft or destruction i s discovered by library personnel.I t i s directed that the following policies and procedures be posted in a conspicuous place by the Library Director at the Apache Junction City Library. SECTION I I POLICY AND PROCEDURE REGARDING THEFT AND DAMAGE TO LIBRARY PROPERTY A.THEFT The Library Director shall be responsible for requesting the initation of theft charges against those individuals who commit a theft of library property,theft being defined by A.R.S.Section 13-1802.Further,the Library Director may request that criminal charges be brought against any person who has i n his possession any book,magazine,cassette tape, or other library property for a period of ninety (90)days after its due date.The Library Director shall mail,by U.S. Mail,First Class,Postage Prepaid,notice of the intent to request criminal action to the address last provided to the library by the individual i f the basis of the theft charge i s retention of library property for a period greater than ninety (90)days. B.DAMAGE The Library Director shall request the initiation of criminal damage charges as defined by A.R.S.Section 13-1602 against any person who destroys,mutilates,damages,or defaces any library book,magazine,cassette tape,or other library property. ORDINANCE NO.614 PAGE ONE OF TWO SECTION III REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. SECTION IV PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this Ordinance or any part of the Code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION V DECLARING AN EMERGENCY The immediate operation of this Ordinance i s necessary for the preservation of the public peace,health and safety of the City of Apache Junction in that no policies and procedures presently exist for the theft or destruction of library property.Therefore,an emergency i s hereby declared to exist and this Ordinance shall be i n full force and effect from and after its passage and approval by the Mayor and Council and publication and posting as required by law. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1ST DAY OF MARCH ,1988. SIGNED AND ATTESTED TO THIS 14TH DAY 0E,MARCH,1988. ATTEST: NOCMAN S.HILL Mayor by Kenneth Bluntschly Acting Mayor ELLYKATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: City -Attorney ORDINANCE NO.614 PAGE TWO OF TWO