Maintenance of Public Order Policy
The North Shore Public Library is chartered by the state of New York to meet the Educational, informational, cultural, and recreational needs of the community it serves. In order to ensure an atmosphere conducive to these purposes, the following rules, regulations, and procedures are enacted by the Board of Trustees for the purpose of maintaining public order in the library facilities and grounds by all library patrons, visitors and employees, as well as other licensees and invitees, in accordance with Section 262 of the Education Law of the State of New York.
- Conditional permission for use of Library facilities:
As a condition for use of library premises, library patrons, employees, visitors and other licensees and invitees who enter upon or remain at the library facilities, agree that they shall be subject to these rules and regulations. Failure to comply with the same shall constitute grounds for the immediate ejection as a trespasser, suspension of library borrowing privileges and revocation of rights to enter upon library premises for up to one year and other action as deemed appropriate. The director or designee is empowered to enforce the rules and regulations promulgated by the Board of Trustees.
- Purpose of use of Library facilities:
The use of library facilities and entry onto library premises shall be limited to employees of the library in the performance of their duties, and patrons and visitors to the library facilities and offices for library-related purposes such as reading, selecting, returning and borrowing of books and materials, conducting business with the library, and attendance at educational conferences, meetings, programs and concerts authorized or conducted by the Board of Trustees or other library personnel. All persons entering or remaining upon library premises for non-library purposes shall be deemed to be trespassers. Any person who, while lawfully at such library facilities, causes or attempts to cause physical injury to the person or property of another, or causes or attempts to cause physical damage to books and other library materials, or enters into unauthorized areas, refuses to comply with the directives of the library director or other authorized personnel, or disrupts library functions or programs authorized by library personnel, or damages, alters, mars or defaces library books and related materials, or transports illegal drugs, alcoholic beverages, fireworks, firearms, or weapons onto library premises, or interferes with the appropriate use of the library, shall be deemed to be a trespasser and in violation of these rules and regulations.
- While the North Shore Public Library facilities are open, the library director or his/her designee, in the first instance, shall be authorized to enforce these rules and regulations. Any violation thereof shall be immediately reported to the library director or his/her designee who shall thereupon immediately make inquiry of the facts and circumstances surrounding the complaint, and who may thereupon either direct the trespasser to cease and desist the violation or vacate the premises. Upon the refusal of such person to obey the directive of the library director or his/her designee, such library director or designee is hereby authorized and directed to make a complaint to the appropriate law enforcement agency and to sign any information as necessary charging said trespasser with the appropriate violation of the Penal Law. The library director shall forthwith make a report to the Board of Trustees.
- When the library is not open to the public, or when the library director or his/her designee is not present, any library employee in charge, upon observing and being informed of any violation of these rules and regulations, is authorized to make inquiry of the facts and circumstances surrounding the violation and any such employee may either direct the trespasser to cease and desist the violation or vacate the premises. Upon the refusal of such person to obey the directive of the employee, such employee is hereby authorized and directed to make a complaint to the appropriate law enforcement agency and sign any information as necessary charging said violator with the appropriate violation of the Penal Law. Subsequently, such library employee, at the first opportunity, shall make a written report of the facts and circumstances surrounding the enforcement of these rules and regulations to the library director.
- The library shall indemnify and save harmless the library director, his/her designee, or any library personnel, from any action, claim or proceeding instituted against such person which arises out of any act or omission which occurred while such library personnel was acting within the scope of employment or duties in enforcing these rules and regulations.
- In addition to all of the foregoing summary remedies against the trespasser and/or person in violation of law and these rules and regulations, the library director may thereafter, in his/her sole discretion, take the following action with respect to the following categories of persons:
- Library patrons: residents of the North Shore Public Library District or others qualified for registration as a borrower of library books and materials may have their borrowing privileges suspended for a period not to exceed one year.
- Library personnel: employees, in the performance of their duties, are subject to the provisions of this policy, applicable portions of the Civil Service Law and Education Law and may be disciplined, censured, suspended without pay, or discharged accordingly.
- Visitors, licensees and invitees: such persons may be subject to the revocation of their licenses to enter upon library property for a period not to exceed one year. The North Shore Public Library Director may, at his/her discretion, notify other agencies of actions taken.
- Appeal Procedure:
- Appeals by library patrons and registered borrowers of library materials relating to suspension of borrowing privileges and revocation of their privileges to enter upon library premises shall be made to the Board of Trustees. Appeals by library personnel subject to the provisions of the Civil Service Law and Education Law may be made to the Board of Trustees. Appeals by visitors, licensees and invitees may be made to the Board of Trustees.
- Each person, not an employee of the library, shall have the right to submit a written notice of appeal to the Board of Trustees within thirty (30) days of any action of the library director suspending borrowing privileges or revoking their license to enter upon library premises. The Board of Trustees, or their designee, shall convene a hearing within thirty (30) days of submission of such notice of appeal, at which time and place the aggrieved shall be afforded the opportunity to present evidence, testify and cross examine witnesses, but in no event shall the library be responsible to make or pay for a stenographic record of such hearing. Within fourteen (14) days of such hearing, the Board of Trustees shall render a decision in writing.