(A) Definitions. For the purpose of this section the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(1) LIBRARY CARD. Card or plate issued by a library facility for purposes of identifying the person to whom the LIBRARY CARD was issued, as authorized to borrow library material(s), subject to all limitations and conditions imposed on borrowing by the library facility issuing the card.
(2) LIBRARY FACILITY. Any town library, other public library or any library of a public museum, historical institution, organization or society.
(3) LIBRARY MATERIAL. Any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, magazine, manuscript, document, coin, model, apparatus or other work of literature or art or mechanics, objects of curiosity, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to, or otherwise in the custody of, a library facility.
(4) LIBRARY THEFT. A person commits LIBRARY THEFT by doing any of the following acts:
(a) Intentionally removes any library material from the premises of a library facility without authority to do so.
(b) Intentionally conceals any library material upon his or her person or among his or her belongings and removes library material beyond the last point in the premises of the library facility at which library material may be borrowed in accordance with procedures established by the library facility for the borrowing of library material.
(c) With the intent to deceive, borrows or attempts to borrow, any library material from a library facility by use of a library card issued to another, or use of a library card knowing that it is revoked, canceled or expired, or use of a library card knowing that it is falsely made, counterfeit or materially altered.
(d) Fails to return overdue library material within 30 days of notice of such failure from the library.
(5) PREMISES OF A LIBRARY FACILITY. The interior of a building, structure or other enclosure in which a library facility is located and in which the library facility keeps, displays and makes available for inspection or borrowing library material, but for purposes of this section such premises do not include the exterior appurtenances to the building, structure or enclosure nor the land on which the building, structure or other enclosure is located.
(B) Prohibitions. It is unlawful for any person to commit a library theft, as defined in this section, or to maliciously cut, tear, deface, break or injure any library material.
(C) Penalties; enforcement procedure.
(1) Penalties. Any person who pleads responsible, or who is found to be responsible by the Payson Magistrate Court of a violation of this section, shall be guilty of a civil offense and shall be subject to the following:
(a) A minimum fine in the amount of $25 for each charge.
(b) If the library material is returned in the same condition as when removed from the library, fees and charges as may be set by the Council from time to time.
(c) If the library material is not returned in the same condition as when removed from the library, replacement value of the library material and fees and charges as set forth in division (B) above.
(2) Commencement of proceedings. An action under this section shall be commenced by the issuance of a complaint by the library, filed in the Payson Magistrate Court. Service of the complaint shall be completed by personal service, or by mailing a copy of the complaint via first class U.S. Mail to the last address provided by the person to the Payson Library.
(3) Rules of procedure. The Arizona Rules of Procedure in Civil Traffic Violation Cases shall govern the proceedings under this section, except as modified by, or where inconsistent with, the provisions of this section.
(`82 Code, § 10-1-19) (Ord. 512, passed 12-18-97; Am. Ord. 762, passed 5-19-09; Am. Res. 2484, passed 5-19-09; Am. Ord. 792, passed 11-18-10; Am. Res. 2582, passed 11-18-10; Am. Ord. 859A, passed 11-6-14; Am. Res. 2804A, passed 11-6-14) Penalty, see § 130.99