(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCHIVES. A place in which public or institutional records are systematically preserved.
LIBRARY. Any public library, literary society, or bookmobile serving the village.
LIBRARY MATERIAL. 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 documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of a library.
(B) Possession without consent prohibited. 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 § 10.99.
(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 the person, or concealed by a person 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 peace 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 peace officer who may conduct a lawful interrogation of the accused person. While acting in compliance with this section, the official, agent, or employee affecting the detention shall be entitled to the same defense in any action as is available to a peace 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 library material.
(F) Return demanded. No person shall fail, on demand, to return any library material when such demand has been made in accordance with the rules and regulations duly made and adopted by the library.
(Prior Code, § 9.18) Penalty, see § 130.999