(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, library of an educational or historical organization or society or museum, and specifically the public libraries within the village and school libraries.
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. 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. The failure to return library material after its proper return date, after written notice from the library and Village Attorney, 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.
(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 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 book, periodical, pamphlet, picture, or other article or property belonging to or in charge of the library. Any person convicted of violating this subsection (e) shall be subject to the penalties as set forth in § 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 Village 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 (f) shall be subject to the penalties as set forth in § 1-1-6.
(Prior Code, § 11-3-3)
Statutory reference:
Similar provisions, see Wis. Stats. § 943.61