From
Amy Sprinkles
Title
Ordinance amending the Code of Ordinances, Chapter 15, "Library," amending Section 15-8 "Fines and Penalties," to allow staff to set fines and fees with Council approval during the annual budget process
Presenter
Amy Sprinkles, Marketing/Library Director
Recommended Action
Approve
Analysis
According to the city of Grand Prairie’s Municipal Code, the City Council sets fines and fees for library overdue and lost items, itemizing the cost per day per item. Staff recommends following Parks’ lead and changing to a broader policy that states: Fees shall be set in accordance with policies as approved by the City Council. This would allow staff the flexibility to change fees and fines during the budget process, without having to change the Municipal Code every time a fee, fine or penalty is adjusted.
Staff’s goal is to streamline the process for efficiencies, and reduce the burden on City Council to have to act on various changes to policy during the year. Staff proposes policy changes affecting finances would be included in the budget process.
The existing Code reads:
Sec. 15-8. - Fines and penalties.
a) Detaining books or other library materials. Any person who detains a library book or any of the following items past the time provided for by library regulations shall pay the following fines for each day beyond which the item shall be returned, as a condition to further library services:
|
Fine Item |
Per day |
|
Book |
$0.25 |
|
Art |
$0.50 |
|
Video cassettes |
$0.50 |
|
16mm films |
$1.00 |
|
Audiovisual equipment |
$1.00 |
b) Lost library materials. Any person who loses library books or materials of any kind shall pay the current retail replacement cost of that item and in addition thereto, the amount of five dollars ($5.00) to help defray the administrative costs of replacing the item.
c) Lost library cards. The charge for replacement for lost library cards shall be one dollar ($1.00).
d) Willfully detaining library materials. It shall be unlawful for any person to willfully detain any book, newspaper, magazine, manuscript, audiovisual item, or other property belonging to the library for thirty (30) days after notice in writing to return the item. Such notice may be given by deposit in the regular United States mail to the address shown on the person's library card any time after the expiration of the original loan time of the property. Detention of the property for more than thirty (30) days after said notice shall be prima facie evidence of willfulness. Upon conviction in the municipal court such person shall be fined not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00). Any such fine shall be in addition to the regular library fines or replacement costs set out hereinabove.
e) The city council may, upon its own motion, or upon recommendation of the library advisory board, periodically establish by resolution a time for return of overdue library books and other library materials during which all fines and penalties shall be remitted, forgiven and waived. No such fine or penalty shall be remitted, forgiven or waived, however, for damage to or loss of library books or other library materials and shall be remitted only upon return of the books or other materials during the remission period and in an undamaged condition.
f) The city council may establish any other conditions or procedures deemed necessary in the resolution adopted pursuant to this section.
g) This section shall not be construed as interrupting or waiving fines and penalties upon books and other materials not returned during the remission period.
(Code, 1964, Amended, § 19.19(B); Ord. No. 3331, § 1, 4-13-82; Ord. No. 3599, § 1, 3-27-84; Ord. No. 3683, § 1, 9-25-84; Ord. No. 3883, § 1, 10-22-85)
We recommend Section 15-8 be amended to read as follows:
Fines and fees to be set by staff with Council approval during the annual budget process.
Financial Consideration
At existing fees and fines, the Library System currently collects about $51,000 annually. The change to the municipal code would not affect that in the FY 2015/2016 budget year. Any future recommended changes would be reflected in the budget process.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 15, "LIBRARY," BY AMENDING SECTION 15-8 "FINES AND PENALTIES"
WHEREAS, it is deemed more efficient to streamline the process of setting fines and fees for library overdue and lost items; and
WHEREAS, giving staff the flexibility to change fees and fines with Council approval during the annual budget process;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 15-8 of the Code of Ordinances is hereby amended to read in its entirety.
Section 15-8 Fees shall be set by staff with Council approval during the annual budget process.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, DECEMBER 15, 2015.