Hemet Municipal Code § 42-1 Established

The city establishes a public library in and for the city.

(Ord. No. 24; Code 1984, § 2500)

The interior public library building is established for the sole purposes of reading, researching, studying, using library materials, and using library meeting and study rooms, and not for the purpose of providing an open forum for the expression of all First Amendment activities. The public library is established for no other purposes other than those purposes stated in this section 42-1.5. The city may amend this statement of purpose at any time.

(Ord. No. 1853, § 1(Exh. A), 6-26-12)

The public library shall be governed, conducted, equipped and maintained and shall be entitled to all the benefits and subject to all the burdens as set forth and specified in Education Code § 18900 et seq.

(Ord. No. 24; Code 1984, § 2502)

(a) Purpose. It is the purpose of this section to ensure that individuals are engaged in activities consistent with the purpose of the library as set forth in section 42-1.5 of this Code, are utilizing the library in a manner that does not unreasonably interfere with the use of the library by other persons, and are not interfering with the administration of the library by library staff.

(b) Definitions.

Crime shall have the same definition as Penal Code § 15. A violation of the Hemet Municipal Code is a crime per section 1-8 of this Code and Government Code § 36900.

Enforcement officer means the city manager, or his or her designee. The city manager's designees include without limitation: the library director, the police chief and police officers, and the code enforcement supervisor and code enforcement officers.

Library premises means the Hemet Public Library and its related meeting rooms, store, grounds, and parking facilities.

Library privileges means the privilege of entering onto library premises and utilizing the services, including those offered online, of the Hemet Public Library.

(c) Criminal conduct. An individual shall not commit or attempt to commit any crime punishable under state or federal law or this Code on library premises, including, but not limited to:

(1) Assault or battery, as defined in Penal Code §§ 240 and 242;

(2) Theft, as defined in Penal Code § 484;

(3) Obstructing or intimidating business operators, public agencies or customers, as defined in Penal Code § 602.1;

(4) Vandalism, as defined in Penal Code § 594;

(5) Indecent exposure or lewd or obscene conduct, as defined in Penal Code § 314;

(6) Possession of designated controlled substances, as defined in Health and Safety Code §§ 11350 and 11351;

(7) Disorderly conduct, as defined in Penal Code § 647;

(8) Trespass, as defined in Penal Code §§ 602 and 634;

(9) Curfew violations, as defined in section 27-2 of this Code;

(10) Consumption of alcohol in a public place, as defined in section 46-1 of this Code;

(11) Spitting on a sidewalk or in a public building, as defined in section 46-7 of this Code;

(12) Sleeping in public places, as defined in section 53-2 of this Code;

(13) Public intoxication, as defined in section 53-5 of this Code;

(14) Camping, as defined in section 53-8 of this Code;

(15) Aggressive solicitation, as defined in section 53-12 of this Code;

(16) Skateboarding, as defined in section 53-17 of this Code.

(d) Rules of conduct. Patrons shall be engaged in activities consistent with the purpose of the library as set forth in section 42-1.5 of this Code. Individuals not engaged in activities consistent with section 42-1.5 of this Code shall be required to leave the library premises. In addition to the criminal conduct listed in subsection (c) of this section, patrons shall not engage in any of the following activities or behaviors while on library premises:

(1) Loud or disruptive behavior, including yelling, talking loudly, running, throwing objects, or other behavior which disturbs the quiet environment of the library.

(2) Use library facilities for the purpose of sleeping, bathing, shaving, washing clothes or other similar activities.

(3) Seek, obtain, or gather signatures on any petition, conduct surveys or investigations, distribute printed materials or solicit for donations inside the library. Such conduct is also prohibited outside the library building on library premises, unless such conduct occurs during the library's regular hours of operation and takes place in areas designated by library staff for such activities.

(4) Obstruct entrances, exits, aisles and passageways, except that it shall not be a violation to obstruct an aisle or passageway with an assistive device such as a wheelchair or walker being used by a person with a disability.

(5) Move library equipment or furniture without library staff knowledge or permission.

(6) Use profane or obscene, or imminently threatening or violent language with library staff or other patrons or otherwise harass or make unwanted verbal or physical advances toward library staff and patrons.

(7) Tamper with library equipment such as computers, rental equipment, photocopy machines, elevators, etc.

(8) Be under the influence of any substance to the point of disorientation, disruption, or possible harm to oneself or others.

(9) Carry weapons or items such as chains, clubs, sticks, pipes, etc., that could be used as weapons in a manner that is threatening to library staff or patrons.

(10) Smoke in the library.

(11) Make unauthorized entry into any "staff only" area.

(12) Use personal equipment (such as cellular phones and audio players) that is disruptive, noisy, or unsafe.

(13) Refuse to relinquish computer equipment or other library resources after scheduled time period for use has expired.

(14) Bring animals (except service animals) into the library.

(15) Cause overcrowding in seating areas by sitting more than four persons to a table, two persons to a computer workstation, or one person to a carrel or chair.

(16) Let a child under the age of eight years of age be at the library unless accompanied by an attendant at least 12 years of age.

(17) Fail to leave the library at closing time.

(18) Enter the library or remain on the library premises without wearing proper attire. Shirts and shoes are required.

(19) Bring bicycles or grocery carts into the library.

(20) Bring skateboards, skates or handlebar skateboards (scooters) near the entryway or into the library unless they are carried with you at all times.

(e) Enforcement. The enforcement officer is authorized to enforce the rules of conduct contained in this section. The enforcement officer may issue a notice of violation or an administrative citation to an individual in violation of the rules of conduct in accordance with division 4, article II, of chapter 30 of this Code. The procedures for notices of violation and administrative citations set forth in division 4, article II, of chapter 30, shall govern notices of violation and administrative citations issued pursuant to this section.

The enforcement officer may order the removal of any person from the library for any violation of the rules of conduct concurrently with the issuance of an administrative citation. The individual removed pursuant to such an order shall not re-enter onto library premises for the remainder of the business day. Any person who re-enters the library premises after such removal shall be considered a trespasser.

(f) Suspension of library privileges. In addition to any other punishment provided for at law, any individual who commits or attempts to commit a crime or violates one or more of the rules of conduct on library premises may have their library privileges suspended. An individual whose library privileges have been suspended shall not enter onto library premises or utilize the services of the Hemet Public Library during the term of their suspension. A written notice of suspension of library privileges shall be issued to the individual. The individual may contest the suspension in accordance with sections 30-80.9 to 30-80.12 of this Code.

The following schedule governs the length of a suspension of library privileges:

(1) For an individual's first violation, library privileges shall be suspended for one week.

(2) For an individual's second violation within a 12-month period, library privileges shall be suspended for four weeks.

(3) For an individual's third violation within a 12-month period, library privileges shall be suspended for 16 weeks.

(4) If an individual commits four or more violations within a 12-month period, library privileges shall be suspended for 12 months.

(g) Fines. The city council may set by resolution the fines to be assessed for violations of the rules of conduct. If no amount is specified by resolution of the city council, the fines set forth in subsection 30-80.6(b) of this Code shall apply.

(h) Appeals. An individual may appeal an administrative citation pursuant to the procedures for such appeals set forth in sections 30-80.9 through 30-80.12 of this Code.

(Ord. No. 1794, § 1(Exh. A), 2-26-08; Ord. No. 1853, § 1(Exh. B), 6-26-12)