San Luis Obispo County Municipal Code Ch. 7.40 Library Rules of Conduct and Exclusion Process

The following definitions shall apply to this chapter:

"Library" means the San Luis Obispo County City-County Library and each and all of its branch libraries and bookmobile.

"Library customers" mean members of the public who use library facilities, buildings, grounds, materials, services and bookmobile.

"Library director" means the County of San Luis Obispo department head and appointing authority for the library and pursuant to Education Code Section 19140, the "county librarian."

"Library privileges" mean access to any printed or audio-visual material or information that is kept in any other form at a library facility and the right to physically enter and be present in any library building.

"Library staff" means public employees who work for the County of San Luis Obispo and are assigned to work at library facilities and bookmobile.

"Library volunteers" mean members of the public who volunteer and do work at library facilities and bookmobile.

"Rules of conduct" mean the activities identified in and prohibited by Section 7.40.030.

"Serious violation of the rules of conduct" means engaging in activities prohibited by law at a library facility or bookmobile or violating of any other rule of conduct that poses an immediate threat to the safety of any person or to the orderly operation of the library.

(Ord. 3060 § 1 (part), 2005)

People, including library customers, staff, and volunteers, using library buildings, bookmobile, materials, and services have at least the following rights:

(1) To use library buildings, bookmobile, materials and services without being unreasonably disturbed or impeded by others;

(2) To use and work in library buildings and bookmobile that are safe, secure, sanitary, and attractive; and

(3) To use and work with library materials and equipment which are accessible and in good condition in a quiet and orderly atmosphere conducive to every customer's exercise of his or her right to receive and read recorded communication.

(Ord. 3060 § 1 (part), 2005)

In order to protect the rights of library customers, staff, and volunteers, the following activities that a reasonable person would find disruptive to the normal functions being carried on at the library are prohibited:

(1) Engaging in activities prohibited by law including but not limited to:

a. Penal Code Section 415 (Fighting; Causing Loud Noise or Using Offensive Words in a Public Place),

b. Penal Code Section 484 (Theft),

c. Penal Code Section 490.5 (Theft of Library Books and Materials),

d. Penal Code Section 594 (Vandalism),

e. Penal Code Section 602.1(b) (Interfering with Library Business),

f. Education Code Section 19910 (Maliciously Damaging Library Materials),

g. Education Code Section 19911 (Failure to Return Library Materials After Notice), and

h. Government Code Section 7597(a) (Smoking Any Tobacco Product Inside a Library Building or Within Twenty Feet of a Main Exit, Entrance, or Operable Window of a Library Building);

(2) Engaging in loud, disruptive, or unsafe activity or behavior in library buildings or bookmobile that unreasonably interferes with another person's use of the library or with the ability of library staff or volunteers to perform their job duties including creating excessive noise, running, making verbal or physical threats, having body odor constituting a nuisance to other persons or any other behavior that unreasonably disturbs and inhibits others from using library buildings, bookmobile, materials, or services;

(3) Disseminating, downloading, viewing or printing from public library computers illegal materials including but not limited to obscene or harmful matter as those terms are used in Penal Code Sections 311, et seq. and 313, et seq.;

(4) Eating or drinking in unauthorized public areas within library buildings;

(5) Buying, selling, surveying or soliciting of any kind within any library buildings or bookmobile or buying, selling, surveying or soliciting on library grounds that unreasonably interferes with the rights of others to use the library including but not limited to interference with access to library entrances or exits;

(6) Conducting a for-profit business by meeting business customers within any library building or bookmobile or using library buildings, bookmobile or library resources for a business office when such uses unreasonably interfere with the rights of others to use the library;

(7) Using library building space for nonlibrary purposes including but not limited to the playing of games (e.g., board, video, or card games) or sleeping when such uses unreasonably interfere with the rights of others to use the library;

(8) Bringing animals, other than service animals for individuals with disabilities, into any library building or bookmobile;

(9) For an adult who is responsible for the conduct and safety of a minor under his or her care, failing to provide proper supervision of the minor in a library building or bookmobile including but not limited to unreasonably leaving the minor unattended;

(10) Exceeding the number of people who can reasonably sit together at library study tables or computer work stations;

(11) Unreasonably impeding movement by others in a library building or bookmobile or creating a safety hazard by the inappropriate placement of personal belongings in a library building or bookmobile;

(12) Failing to wear shoes and shirts at all times in library buildings or bookmobile; and

(13) Violating a term or condition of a warning notice or an exclusion notice.

(Ord. 3060 § 1 (part), 2005)

(a) General Provision. A library customer is subject to exclusion from the library or may otherwise have his or her library privileges restricted or suspended if he or she (or a person under his or her control or direction) violates any of the rules of conduct specified in Section 7.40.030 within ninety days after he or she was given a verbal warning for a violation of the rules of conduct and a subsequent written warning notice of a violation of the rules of conduct. Serious violations of the rules of conduct may result in the issuance of a written warning notice without a verbal warning.

(b) Persons Authorized to Issue Warning or Exclusion Notices. The library director shall designate those library staff employees who are authorized to issue warning and exclusion notices.

(c) Issuance of Warning or Exclusion Notices.

(1) Warning Notice. After the issuance of a verbal warning to a library customer for a violation of the rules of conduct or immediately upon the occurrence of a serious rules of conduct violation, a library director designated employee may issue a written warning notice for a rules of conduct violation. The warning notice shall specify that the recipient must leave the library for the remainder of the day, and that in the event a second violation of the rules of conduct occurs within ninety days of issuance of the warning notice, that person shall be subject to exclusion from the library or the loss of some or all of his or her library privileges as the library director designee may determine to be appropriate. The warning notice shall also contain information concerning the right to appeal to the library director. The person to whom the warning notice is issued shall sign a written acknowledgment of its receipt. If the recipient refuses to sign, the person issuing the warning notice shall make a written record of the refusal.

(2) Exclusion Notice. If a library customer has received a warning notice and again violates a rule of conduct within ninety days of the date of issuance of the warning notice, a library designated employee may issue a written exclusion notice excluding the person from the library or losing some or all of his or her library privileges as the library director designated employee may determine to be appropriate. If the person is excluded from the library, the exclusion shall be for a period of no less than one month and no more than twelve months.

The exclusion notice shall specify the person that is to be excluded from the library, the period of the exclusion, the time the exclusion is to commence, any library privileges being lost and the specified period of loss, and information concerning the right to appeal the exclusion notice to the library director. The person to whom the exclusion notice is issued shall sign a written acknowledgment of its receipt and allow his or her photograph to be taken. If the recipient refuses to sign, the person issuing the exclusion notice shall make a written record of the refusal.

(Ord. 3060 § 1 (part), 2005)

(a) The individual to whom a warning or exclusion notice is issued shall have the right to an appeal from the issuance of the notice.

(b) A notice of appeal of a warning notice or an exclusion notice must be filed, in writing, with the library director within five calendar days of the issuance of the warning or exclusion notice. The notice of appeal shall state the following:

(l) The appellant's name;

(2) The appellant's address and a telephone number where he or she can be reached;

(3) A concise statement as to why the appellant believes that the issuance of the warning notice or the exclusion notice was invalid or unjustified; and

(4) A copy of the warning notice or exclusion notice shall be attached.

(c) A hearing on the appeal shall be held no more than fifteen calendar days after the filing of the appeal, except the library director may postpone the hearing date at the request of the appellant or the library staff for good cause. The appellant shall be provided notice of the hearing date, time, and location at least five calendar days prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present and present evidence that the warning notice or exclusion notice is invalid or unjustified. The appellant shall have the right to cross-examine library staff witnesses. The decision of the library director shall be final and in writing.

(d) At the hearing, the library staff shall have the burden to show by a preponderance of evidence that the warning notice or exclusion notice was based on and justified by a violation of the rules of conduct described in Section 7.40.030.

(e) Copies of all library staff documents to be used by the library staff at the hearing shall be made available to the appellant at least five calendar days prior to the hearing.

(Ord. 3060 § 1 (part), 2005)

Any person who violates a provision of a warning notice or an exclusion notice to stay away from the library by physically entering a library building or bookmobile during the exclusion period is guilty of a misdemeanor.

(Ord. 3060 § 1 (part), 2005)