(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LIBRARY CARD. A 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, subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card.
LIBRARY FACILITY. Includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
LIBRARY MATERIAL. Includes any book, plate, picture, photograph, engraving, painting, sculpture, statute, artifact, drawing, maps, newspapers, pamphlet, broadside, magazine, manuscript, document, 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.
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 library material.
(B) Library theft. A person commits the offense of library theft when he or she:
(1) Knowingly and intentionally removes any library material from the premises of a library facility without authority to do so;
(2) Knowingly and intentionally conceals any library material upon his or her person or among his or her belongings while still in the premises of a library facility, and in such a manner that the library material is not visible through ordinary observation, although there may be some notice of its presence, and removes such library material beyond the last point in the premises of that library facility at which library material may be borrowed in accordance with procedures established by that library facility for the borrowing of the library materials;
(3) With the intent to deceive, borrows or attempts to borrow, any library material from a library facility by:
(a) Use of a library card issued to another without the other’s consent;
(b) Use of a library card knowing that it is revoked, cancelled or expired; and/or
(c) Use of a library card knowing that it is falsely made, counterfeit or materially altered.
(4) Borrows from a library facility library material which has an aggregate value of $50 or more, pursuant to an agreement with or procedure established by the library facility for the return of such library material, and usually without good cause fails to return the library material so borrowed in accordance with such agreement or procedure, and further willfully without good cause fails to return such library material within 30 days after receiving written notice by certified mail from the library facility demanding the return of such library material.
(C) Mutilation or vandalism of library materials. A person commits mutilation or vandalism of library materials when he or she knowingly tears, marks on, maliciously renders imperfect or otherwise damages or destroys library materials.
(1994 Code, § 131.04) (Ord. 95-002, passed 2-13-1995) Penalty, see § 131.99