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.
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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