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HomeMy WebLinkAbout1985-O-14 - Damaging Library PropertyORDINANCE 1985-14 AN ORDINANCE PROVIDING A CRIMINAL OFFENSE FOR THE DEFACING OR INJURY OF ANY BOOK, NEWSPAPER, MAGAZINE, PAMPHLET, MANUSCRIPT, OR OTHER PROPERTY OF THE STEPHENVILLE CITY LIBRARY OR TO RETAIN SUCH PROPERTY FOR THIRTY (30) DAYS AFTER NOTICE IN WRITING TO RETURN SAME, GIVEN AFTER THE EXPIRATION OF TIME FOR WHICH SUCH PROPERTY WAS LENT ACCORDING TO THE THEN RULES OF SUCH LIBRARY: PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AND; PROVIDING AN EFFECTIVE DATE. Ij BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One It shall be unlawful to willfully injure or deface any book, newspaper, magazine, pamphlet, manuscript or other property of the Stephenville City Library by writing, marking, tearing, breaking, mutilating or otherwise injuring or defacing such pro- perty. Section Two It shall be unlawful to retain any book, newspaper, magazine, pamphlet, manuscript or other property of the Stephenville City Library for a period of thirty (30) days after the giving of writ- ten notice to return same, provided such notice is given after the expiration of time for which such property was lent under the then rules of the Stephenville City Library. The written notice herein provided for shall be deemed given when same is deposited in the United States Mail, postage prepaid, by registered or cer- tified mail, to the person or entity to whom such property as lent. Such notice shall be given to the person or entity at the address reflected for same on the most recent "library card" of such person or entity according to the then records of the Stephenville City Library. The date for return of such property according to the then rules of the Stephenville City Library may be proven upon trial of any offense under the Section by the sub- mission into evidence of the original, or a true and correct copy of the original "book card" as contained within the records of such Library. Proof of giving written notice as required in this ordinance upon the trial of any offense under this Section may be proven by submission into evidence of the registered or certified mail return receipt accompanying such notice as returned to the Stephenville City Library by the United States Postal Service, or a true and correct copy thereof, together with a copy of the form or notice then being given by such Library. Failure of delivery of such notice by the United States Post Office shall not be deemed a defense to such offense provided notice was mailed to the address of the Defendant above provided for. Section Three Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sen- tences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phra- ses, clauses, sentences, paragraphs and sections of this ordi- nance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconsti- tutional phrase, clause, sentence, paragraph or section. 198 Section Four Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Section Five Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Stephenville City Charter and the laws of the State of Texas. PASSED AND APPROVED this the 5th day of November 1985. ATTEST: y Pemberton, City Secretary David Clayt n, Mayor 199