(a) Definitions. For the purposes of this Section, certain words and terms are defined as follows:
(1) Archives. A place in which public or institutional records are systematically preserved.
(2) Library. Means any public library, library of an educational or historical organization or society or museum, and specifically the public library within the Village of Edgar and school libraries.
(3) Library Material. Includes any book, plate, picture photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, or other tapes, artifacts or other documents, written or printed materials, regardless of physical form of characteristics, belonging to, on loan to or otherwise in the custody of a library.
(b) Possession Without Consent Prohibited.
(1) Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by the general penalty provisions of this Code of Ordinances.
(2) The failure to return library material after its proper return date, after written notice from the library shall be deemed to be theft. Notice shall be considered given when written notice is mailed to the last-known address of the person with the overdue material; the notice date shall be the date of mailing.
(3) No person shall be charged with a violation of this Section unless such person is provided written notice signed by a library official, agent or employee setting forth the following:
a. A reasonable description of the library materials;
b. The date that the library materials were due to be returned;
c. The final date by which either the library materials are to be returned or a written explanation made to the library that the library materials are incapable of being returned because they are lost or destroyed; and
d. The statement that:
"Your failure to comply with the demands of this notice will subject you to being prosecuted for a violation of Section 11-3-4 of the Municipal Code of the Village of Edgar, 'Theft of Library Material'; and upon conviction, a penalty of not less than $25.00 nor more than $500.00, together with the costs of prosecution."
Said notice shall be served by regular first class mail sent to the person's last known address or by personal service upon such person.
(c) Concealment. The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.
(d) Detention Based on Probable Cause. An official or adult employee or agent of a library who has probable cause for believing that a person has violated this Section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a law enforcement officer or to the person's parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose of the detention and be permitted to make telephone calls, but shall not be interrogated or searched against his or her will before the arrival of a law enforcement officer who may conduct a lawful interrogation of the accused person. Compliance with this Section entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a law enforcement officer making an arrest in the line of duty.
(e) Damaging Material Prohibited. No person shall mar, deface or in any other way damage or mutilate any book, periodical, pamphlet, picture or other article or property belonging to or in charge of the library. Any person convicted of violating this Subsection shall be subject to the penalties as set forth in Section 1-1-6.
(f) Return Demanded. No person shall fail, on demand, to return any book periodical, pamphlet, picture or other articles or property belonging to or in charge of the Public Library according to the rules or regulations duly made and adopted by the Library Board and no person shall remove from the library any book, periodical, pamphlet, picture or other articles or property without first having it charged as provided by such rules and regulations. Any person convicted of violating any provision of this Subsection shall be subject to the penalties as set forth in Section 1-1-6.
State Law Reference: Sec. 943.61, Wis. Stats.