RAINSVILLE PUBLIC LIBRARY
POLICIES & PROCEDURES
4/3/2019
***Please note that your signature for a library card or computer use is an acceptance of the rules and regulations set forth.
Purpose:
Rainsville Public Library has established this Behavior Policy to ensure that library facilities are safe, welcoming and provide equitable access to materials and services for all library users. Appropriate library conduct includes activities such as reading, studying, properly using library materials or computers and other similar conduct normally associated with a public library.
Overview and Definitions:
No individual may engage in inappropriate conduct on the premises of Rainsville Public Library, or when using library facilities, or when participating in library programs. Patrons shall be engaged in normal activities associated with the use of a public library while in the building. Patrons not engaged in reading, studying, or using library materials or computers may be asked to leave the building.
Inappropriate conduct includes any individual or group activity which is unreasonably disturbing to other individuals lawfully using library facilities, materials and/or premises or is otherwise inconsistent with activities such as reading, studying, properly using library materials and other similar conduct normally associated with a public library.
When possible, staff will first educate individuals about the applicable policies before taking stronger measures to enforce those policies.
Code of Conduct: The Code of Conduct of the Rainsville Public Library is intended to ensure that the library is used for the general purposes for which a library is intended. Behaviors that interfere with such use are not permitted. Any patron engaged in illegal activities will be subject to police intervention/arrest. Library personnel will give patrons who otherwise violate this code of conduct one warning. If violation continues or is repeated, the patron will be asked to leave the library; failure to comply may result in the patron being banned from the library premises. (See “Policy for Excluding Patrons from Library Premises”) Inappropriate behavior shall include, without limitation by enumeration, the following conduct or behaviors:
1. Patrons shall not interfere with another individual’s use of the library or with library personnel in the performance of their duties. The following are prohibited:
•Eating, drinking or smoking (electronic vaping devices included) in the library;
•Possessing, selling, distributing, consuming, or being under the influence of alcoholic beverages;
•Being in a state of intoxication that precludes the individual’s using the library for its intended purposes;
•Committing or attempting to commit any activity that would constitute a crime or a violation of City or County ordinances;
•Playing audio equipment so that other individuals can hear it;
•Using cell phones;
-Extreme use of profanity (library is a family area);
•Using sports equipment (rollerblades, skateboards, etc.);
•Entering unauthorized workspaces or office areas without permission;
•Moving furniture without the consent of library staff or use of furniture in any manner that may damage the furniture, including placing feet on the furniture;
•Using library materials, furniture, equipment, or facilities in any manner inconsistent with the customary use thereof or the theft or intentional damaging of library materials, furniture, equipment, or facilities;
•Blocking of aisles with personal items or leaving such items unattended on library premises at any time. Items may be removed from the library premises if they reasonably appear to be abandoned or have been left unattended for 30 minutes or more;
•Engaging in especially noisy and boisterous activities;
•Engaging in any sexual conduct, contact and/or activities;
•Following another individual about the building with the intent to annoy or harass;
•Soliciting funds or offering goods or services to others without prior authorization of the Library Director;
•Improper use of the library restroom or facilities for purposes such as bathing, shaving, etc.
•Bringing any animal into the library except service animals;
•Taking library materials into restrooms; and,
•Violating the library’s rules for acceptable use of the Internet and library public computers. A user accepts these rules before accessing the Internet through any computer used on library property.
2. An individual whose bodily hygiene is so offensive as to constitute a nuisance to other individuals shall be required to leave the building. When the problem is corrected, the individual may re-enter the library.
3. Customers shall be required to wear appropriate attire, including a shirt and footwear.
4. Unattended children under the age of ten shall not be left in the library unattended. The library is a public building and unaccompanied/unattended children may be at risk. (See Addendum Concerning the Behavior and Supervision of Minors and Children’s Areas of the Library)
a. Responsibility for children using the library rests with the parent/guardian/caregiver;
b. The use of the library as a childcare facility is inappropriate and the Department of Human
Resources will be notified;
d. Diaper changing stations are provided in the children’s washroom.
5. Any individual engaging in illegal conduct including, but not limited to the following, will be told to leave the premises immediately and/or may be subject to police intervention/arrest:
a. Behaving in a manner that is disruptive, harassing, or threatening in nature to library users or staff including stalking, prolonged staring at or following another with the intent to annoy or intentionally behaving in a manner that could reasonably be expected to annoy or disturb other patrons.
b. Engaging in any physically intimidating or assaultive behavior; making any threats of violence or unlawful activities. The library has a policy of zero tolerance for threats and acts of violence. Any person engaging in such behaviors will be immediately ejected from the library.
c. Exhibiting any behavior that can be deemed sexual harassment of staff or other patrons. Unwelcome actions such as the following are inappropriate and depending on the circumstances, may in and of themselves meet the definitions of sexual harassment:
i. Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail;
ii. Verbal abuse of a sexual nature;
iii. Repeatedly standing too close to or brushing up against a person;
iv. Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested;
v. Giving gifts or leaving objects that are sexually suggestive;
vi. Repeatedly making sexually suggestive gestures;
vii. Assaulting or threatening assault;
viii. Engaging in indecent exposure;
d. Possessing, using, selling, or distributing controlled or illegal substances;
e. Possessing, selling, distributing, displaying or using any dangerous weapon as that term is defined in Alabama Code Section upon library premises or using or threatening the use of any other object in such a manner that it may be considered a weapon; and,
f. Trespassing by entering or remaining on library premises after having been notified by an authorized individual not to do so, and entering or remaining on the library premises during the period in which the individual has been banned from the premises.
g. Refusing to follow the reasonable directions of library staff, including failing to take shelter in an emergency as directed by staff.
Addendum Concerning the Behavior and Supervision of Minors and Children’s Areas of the Library
Rainsville Public Library welcomes children. Parents/caregivers are responsible for their child’s safety and behavior while in the library whether the parent/caregiver is present or not. Library employees cannot function as caregivers or babysitters. The library is not equipped—and it is not the library’s role—to provide long or short-term childcare. The library assumes neither responsibility nor liability for the actions, care, supervision, or safety of minors.
For the safety and comfort of children, a responsible adult or an older responsible individual must accompany children under the age of ten when they are using the library. This responsible individual must supervise, guide, and control the behavior of their charge or charges at all times.
When a child is unattended or under-attended/ignored and
•the behavior of the child is disruptive or inappropriate (or)
•the child appears to be a danger to herself or himself or others (or)
•the child appears to be threatened by others (or)
•the child appears to be ill or upset (or)
•the child has not been met by a parent or caregiver at closing;
library staff will attempt to contact the parent or guardian of the child. In the event that the parent or guardian cannot be located, staff will contact the Rainsville Police Department. In the event of an emergency, staff will call 911.
Inappropriate Use of Children’s Spaces/Youth Services: Adults are permitted in children’s areas of the library when accompanied by a child or if the adult is actively reading, studying and using library materials from the children’s area collections. Any adult not in compliance with this provision will be asked to use other areas of the library. If the individual does not comply with staff direction or repeatedly violates this policy, the individual may be banned from the library.
Staff Response to Infractions:
Violation of these rules is misconduct that can result in expulsion from the library and forfeiture of library privileges. Minor violations of these rules will first result in Library Director attempting to educate or warn individuals about the policies before enforcing such policies. If an individual continues to violate these policies, the Library Director may order them to leave for the day. However, any conduct that threatens the life or safety of any person or that is damaging to library property, equipment or facilities may result in immediate expulsion from the library premises. The library staff is authorized to contact the Rainsville Police Department to respond to such situations. Repeat misconduct or severe offenses (even if a single isolated event) may result in individuals being banned from the library from a week to a year. The Library Director will follow the established procedures below. The Library Director will call the police for severe or illegal behavior or when an individual refuses to leave when told by the Library Director to do so.
Policy for Excluding Patrons from Library Premises
Banning Procedure:
After the Library Director determines that a person has engaged in severe or repeat misconduct and staff has determined that the individual involved should be banned:
1.The Library Director will issue, or cause to be issued, a written ban letter to the individual involved notifying the individual that they are banned from the Rainsville Public Library. The letter shall indicate the reasons for the ban and the time period of the ban.
2.The Library Director will contact the Library Board and any other library that the Rainsville Public Library shares reciprocity with-all with a description of the underlying behavior, the name and description of the banned individual when a banning is executed so that all are informed as soon as possible. The Library Director will also officially inform all staff involved about the reasons for the ban and the length of the ban. If, after consultation with staff, the Director deems it appropriate to rescind or modify the terms of the ban, the Director shall notify the banned individual in writing, all staff, and the Library Board President, in writing, about the decision to rescind or modify the ban and specify the reasons for the rescission or modification. The Director shall also notify the banned individual of the process for appealing the ban.
3.The Director will review and may reconsider the decision to ban an individual upon written request of the individual and may shorten or terminate the banning period if information submitted by the individual warrants such modification. Director may consult with the City Attorney's Office before issuing the response to the banned individual. Until such time as the banning letter has been reviewed and/or modified by the Director or reversed on appeal by the Library Board, the individual may not use the library.
Alternative Juvenile Banning Procedure:
Discretionary Restricted Library Use for Juveniles: As an alternative to banning a juvenile, a supervisor and a staff member may restrict a juvenile from independent use of a specified library site for a period of 30 (first restriction) days or 90 (second restriction) days. The juvenile whose library use is restricted may use the library during the specified period only when the juvenile is accompanied by a responsible parent or guardian. The juvenile's parent or guardian must be notified of the restriction via certified mail. Failure to abide by the restriction may lead to banning of the juvenile from all library premises.
Banning Letter:
TO:
On ____________ at approximately ____________ you were observed at the____________________ Library.
At that time you were:
_____ INTOXICATED
_____ LOUD AND DISTURBING
_____ IN THE LIBRARY DESPITE BEING PREVIOUSLY BANNED UNTIL _________________
_____ OTHER CONDUCT (As set forth below)
COMMENTS:
Because of the behavior listed above, and/or other history of inappropriate behavioral conduct at any Rainsville Public Library, you are banned from all Rainsville Public Library activities until the date listed below. If you enter any Rainsville Public Library activity before the return date listed below, police will be called and you will subject to being arrested for trespassing under Rainsville City Ordinance
You may file a written request to Director, Rainsville Public Library, PO Box 509, Rainsville, Alabama 35986, to reconsider this ban from Rainsville Public Libraries and any library Rainsville may share reciprocity with. Your written request shall set forth your reasons for reconsideration of the ban. THE LENGTH OF THIS BAN FROM RAINSVILLE PUBLIC LIBRARY AND ANY LIBRARIES RAINSVILLE SHARES RECIPROCITY WITH SHALL REMAIN AS STATED IN THS DOCUMENT UNLESS THE DIRECTOR ISSUES A WRITTEN DETERMINATION ALTERING THE TERMS OF THIS DOCUMENT.
BANNED FROM LIBRARY ON: __________________________________
RETURN DATE: _________________________
STAFF INITIALS: ___________
Appeal Procedure:
1. Notice of Appeal. The Director's written determination may be appealed to the Library Board, if the individual aggrieved files a written notice of appeal within 10 days after he/she receives the determination. Such notice shall be filed with: both the Library Director and the Library Board President, c/o Rainsville Public Library. The Board shall hold a hearing within 30 days after the notice has been filed. The appellant shall be notified at least 10 days before the hearing.
2. Hearing: At the hearing, the appellant may be represented by counsel, may present evidence, and may call and examine witnesses and cross-examine witnesses of the other party. The President of the Board shall conduct the hearing and shall follow the Alabama Administrative Procedures Act, for administrative proceedings. The staff shall record all of the proceedings on tape.
3. Decision. Within 30 days of the completion of the hearing, the Board shall issue a written decision stating the reasons therefore. The Board shall have the power to affirm or reverse the written determination or to remand it to the Director or designee with instructions for reconsideration. The decision, except for remand, shall be a final determination for the purposes of judicial review.
Non-compliance with Ban - Trespassing:
If a banned individual enters any Rainsville Public Library before the return date listed in the ban letter, police will be called and individual may be arrested for trespassing under Rainsville City Ordinance
POLICIES & PROCEDURES
4/3/2019
***Please note that your signature for a library card or computer use is an acceptance of the rules and regulations set forth.
Purpose:
Rainsville Public Library has established this Behavior Policy to ensure that library facilities are safe, welcoming and provide equitable access to materials and services for all library users. Appropriate library conduct includes activities such as reading, studying, properly using library materials or computers and other similar conduct normally associated with a public library.
Overview and Definitions:
No individual may engage in inappropriate conduct on the premises of Rainsville Public Library, or when using library facilities, or when participating in library programs. Patrons shall be engaged in normal activities associated with the use of a public library while in the building. Patrons not engaged in reading, studying, or using library materials or computers may be asked to leave the building.
Inappropriate conduct includes any individual or group activity which is unreasonably disturbing to other individuals lawfully using library facilities, materials and/or premises or is otherwise inconsistent with activities such as reading, studying, properly using library materials and other similar conduct normally associated with a public library.
When possible, staff will first educate individuals about the applicable policies before taking stronger measures to enforce those policies.
Code of Conduct: The Code of Conduct of the Rainsville Public Library is intended to ensure that the library is used for the general purposes for which a library is intended. Behaviors that interfere with such use are not permitted. Any patron engaged in illegal activities will be subject to police intervention/arrest. Library personnel will give patrons who otherwise violate this code of conduct one warning. If violation continues or is repeated, the patron will be asked to leave the library; failure to comply may result in the patron being banned from the library premises. (See “Policy for Excluding Patrons from Library Premises”) Inappropriate behavior shall include, without limitation by enumeration, the following conduct or behaviors:
1. Patrons shall not interfere with another individual’s use of the library or with library personnel in the performance of their duties. The following are prohibited:
•Eating, drinking or smoking (electronic vaping devices included) in the library;
•Possessing, selling, distributing, consuming, or being under the influence of alcoholic beverages;
•Being in a state of intoxication that precludes the individual’s using the library for its intended purposes;
•Committing or attempting to commit any activity that would constitute a crime or a violation of City or County ordinances;
•Playing audio equipment so that other individuals can hear it;
•Using cell phones;
-Extreme use of profanity (library is a family area);
•Using sports equipment (rollerblades, skateboards, etc.);
•Entering unauthorized workspaces or office areas without permission;
•Moving furniture without the consent of library staff or use of furniture in any manner that may damage the furniture, including placing feet on the furniture;
•Using library materials, furniture, equipment, or facilities in any manner inconsistent with the customary use thereof or the theft or intentional damaging of library materials, furniture, equipment, or facilities;
•Blocking of aisles with personal items or leaving such items unattended on library premises at any time. Items may be removed from the library premises if they reasonably appear to be abandoned or have been left unattended for 30 minutes or more;
•Engaging in especially noisy and boisterous activities;
•Engaging in any sexual conduct, contact and/or activities;
•Following another individual about the building with the intent to annoy or harass;
•Soliciting funds or offering goods or services to others without prior authorization of the Library Director;
•Improper use of the library restroom or facilities for purposes such as bathing, shaving, etc.
•Bringing any animal into the library except service animals;
•Taking library materials into restrooms; and,
•Violating the library’s rules for acceptable use of the Internet and library public computers. A user accepts these rules before accessing the Internet through any computer used on library property.
2. An individual whose bodily hygiene is so offensive as to constitute a nuisance to other individuals shall be required to leave the building. When the problem is corrected, the individual may re-enter the library.
3. Customers shall be required to wear appropriate attire, including a shirt and footwear.
4. Unattended children under the age of ten shall not be left in the library unattended. The library is a public building and unaccompanied/unattended children may be at risk. (See Addendum Concerning the Behavior and Supervision of Minors and Children’s Areas of the Library)
a. Responsibility for children using the library rests with the parent/guardian/caregiver;
b. The use of the library as a childcare facility is inappropriate and the Department of Human
Resources will be notified;
d. Diaper changing stations are provided in the children’s washroom.
5. Any individual engaging in illegal conduct including, but not limited to the following, will be told to leave the premises immediately and/or may be subject to police intervention/arrest:
a. Behaving in a manner that is disruptive, harassing, or threatening in nature to library users or staff including stalking, prolonged staring at or following another with the intent to annoy or intentionally behaving in a manner that could reasonably be expected to annoy or disturb other patrons.
b. Engaging in any physically intimidating or assaultive behavior; making any threats of violence or unlawful activities. The library has a policy of zero tolerance for threats and acts of violence. Any person engaging in such behaviors will be immediately ejected from the library.
c. Exhibiting any behavior that can be deemed sexual harassment of staff or other patrons. Unwelcome actions such as the following are inappropriate and depending on the circumstances, may in and of themselves meet the definitions of sexual harassment:
i. Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail;
ii. Verbal abuse of a sexual nature;
iii. Repeatedly standing too close to or brushing up against a person;
iv. Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested;
v. Giving gifts or leaving objects that are sexually suggestive;
vi. Repeatedly making sexually suggestive gestures;
vii. Assaulting or threatening assault;
viii. Engaging in indecent exposure;
d. Possessing, using, selling, or distributing controlled or illegal substances;
e. Possessing, selling, distributing, displaying or using any dangerous weapon as that term is defined in Alabama Code Section upon library premises or using or threatening the use of any other object in such a manner that it may be considered a weapon; and,
f. Trespassing by entering or remaining on library premises after having been notified by an authorized individual not to do so, and entering or remaining on the library premises during the period in which the individual has been banned from the premises.
g. Refusing to follow the reasonable directions of library staff, including failing to take shelter in an emergency as directed by staff.
Addendum Concerning the Behavior and Supervision of Minors and Children’s Areas of the Library
Rainsville Public Library welcomes children. Parents/caregivers are responsible for their child’s safety and behavior while in the library whether the parent/caregiver is present or not. Library employees cannot function as caregivers or babysitters. The library is not equipped—and it is not the library’s role—to provide long or short-term childcare. The library assumes neither responsibility nor liability for the actions, care, supervision, or safety of minors.
For the safety and comfort of children, a responsible adult or an older responsible individual must accompany children under the age of ten when they are using the library. This responsible individual must supervise, guide, and control the behavior of their charge or charges at all times.
When a child is unattended or under-attended/ignored and
•the behavior of the child is disruptive or inappropriate (or)
•the child appears to be a danger to herself or himself or others (or)
•the child appears to be threatened by others (or)
•the child appears to be ill or upset (or)
•the child has not been met by a parent or caregiver at closing;
library staff will attempt to contact the parent or guardian of the child. In the event that the parent or guardian cannot be located, staff will contact the Rainsville Police Department. In the event of an emergency, staff will call 911.
Inappropriate Use of Children’s Spaces/Youth Services: Adults are permitted in children’s areas of the library when accompanied by a child or if the adult is actively reading, studying and using library materials from the children’s area collections. Any adult not in compliance with this provision will be asked to use other areas of the library. If the individual does not comply with staff direction or repeatedly violates this policy, the individual may be banned from the library.
Staff Response to Infractions:
Violation of these rules is misconduct that can result in expulsion from the library and forfeiture of library privileges. Minor violations of these rules will first result in Library Director attempting to educate or warn individuals about the policies before enforcing such policies. If an individual continues to violate these policies, the Library Director may order them to leave for the day. However, any conduct that threatens the life or safety of any person or that is damaging to library property, equipment or facilities may result in immediate expulsion from the library premises. The library staff is authorized to contact the Rainsville Police Department to respond to such situations. Repeat misconduct or severe offenses (even if a single isolated event) may result in individuals being banned from the library from a week to a year. The Library Director will follow the established procedures below. The Library Director will call the police for severe or illegal behavior or when an individual refuses to leave when told by the Library Director to do so.
Policy for Excluding Patrons from Library Premises
Banning Procedure:
After the Library Director determines that a person has engaged in severe or repeat misconduct and staff has determined that the individual involved should be banned:
1.The Library Director will issue, or cause to be issued, a written ban letter to the individual involved notifying the individual that they are banned from the Rainsville Public Library. The letter shall indicate the reasons for the ban and the time period of the ban.
2.The Library Director will contact the Library Board and any other library that the Rainsville Public Library shares reciprocity with-all with a description of the underlying behavior, the name and description of the banned individual when a banning is executed so that all are informed as soon as possible. The Library Director will also officially inform all staff involved about the reasons for the ban and the length of the ban. If, after consultation with staff, the Director deems it appropriate to rescind or modify the terms of the ban, the Director shall notify the banned individual in writing, all staff, and the Library Board President, in writing, about the decision to rescind or modify the ban and specify the reasons for the rescission or modification. The Director shall also notify the banned individual of the process for appealing the ban.
3.The Director will review and may reconsider the decision to ban an individual upon written request of the individual and may shorten or terminate the banning period if information submitted by the individual warrants such modification. Director may consult with the City Attorney's Office before issuing the response to the banned individual. Until such time as the banning letter has been reviewed and/or modified by the Director or reversed on appeal by the Library Board, the individual may not use the library.
Alternative Juvenile Banning Procedure:
Discretionary Restricted Library Use for Juveniles: As an alternative to banning a juvenile, a supervisor and a staff member may restrict a juvenile from independent use of a specified library site for a period of 30 (first restriction) days or 90 (second restriction) days. The juvenile whose library use is restricted may use the library during the specified period only when the juvenile is accompanied by a responsible parent or guardian. The juvenile's parent or guardian must be notified of the restriction via certified mail. Failure to abide by the restriction may lead to banning of the juvenile from all library premises.
Banning Letter:
TO:
On ____________ at approximately ____________ you were observed at the____________________ Library.
At that time you were:
_____ INTOXICATED
_____ LOUD AND DISTURBING
_____ IN THE LIBRARY DESPITE BEING PREVIOUSLY BANNED UNTIL _________________
_____ OTHER CONDUCT (As set forth below)
COMMENTS:
Because of the behavior listed above, and/or other history of inappropriate behavioral conduct at any Rainsville Public Library, you are banned from all Rainsville Public Library activities until the date listed below. If you enter any Rainsville Public Library activity before the return date listed below, police will be called and you will subject to being arrested for trespassing under Rainsville City Ordinance
You may file a written request to Director, Rainsville Public Library, PO Box 509, Rainsville, Alabama 35986, to reconsider this ban from Rainsville Public Libraries and any library Rainsville may share reciprocity with. Your written request shall set forth your reasons for reconsideration of the ban. THE LENGTH OF THIS BAN FROM RAINSVILLE PUBLIC LIBRARY AND ANY LIBRARIES RAINSVILLE SHARES RECIPROCITY WITH SHALL REMAIN AS STATED IN THS DOCUMENT UNLESS THE DIRECTOR ISSUES A WRITTEN DETERMINATION ALTERING THE TERMS OF THIS DOCUMENT.
BANNED FROM LIBRARY ON: __________________________________
RETURN DATE: _________________________
STAFF INITIALS: ___________
Appeal Procedure:
1. Notice of Appeal. The Director's written determination may be appealed to the Library Board, if the individual aggrieved files a written notice of appeal within 10 days after he/she receives the determination. Such notice shall be filed with: both the Library Director and the Library Board President, c/o Rainsville Public Library. The Board shall hold a hearing within 30 days after the notice has been filed. The appellant shall be notified at least 10 days before the hearing.
2. Hearing: At the hearing, the appellant may be represented by counsel, may present evidence, and may call and examine witnesses and cross-examine witnesses of the other party. The President of the Board shall conduct the hearing and shall follow the Alabama Administrative Procedures Act, for administrative proceedings. The staff shall record all of the proceedings on tape.
3. Decision. Within 30 days of the completion of the hearing, the Board shall issue a written decision stating the reasons therefore. The Board shall have the power to affirm or reverse the written determination or to remand it to the Director or designee with instructions for reconsideration. The decision, except for remand, shall be a final determination for the purposes of judicial review.
Non-compliance with Ban - Trespassing:
If a banned individual enters any Rainsville Public Library before the return date listed in the ban letter, police will be called and individual may be arrested for trespassing under Rainsville City Ordinance
