Chapter 2.76
PUBLIC LIBRARY
Sections:
2.76.010 Established – Funding.
2.76.030 Board of trustees – Appointment – Term – Vacancy filling.
2.76.040 Board of trustees – Organization – Powers and duties.
2.76.050 Chief librarian – Appointment and qualifications.
2.76.080 Nonresident usage – Book exchange.
2.76.090 State aid – Application.
2.76.100 State Library Board requirements.
2.76.130 Detaining or injuring property prohibited – Penalty.
2.76.010 Established – Funding.
There is established in the city a free and public library, which library shall be maintained by taxes voted annually as provided by law in the city, and by gifts, bequests and devises as provided for in this chapter. (Ord. 236 § 1, 1915).
2.76.020 Declared free.
The library established in BMC 2.76.010 is declared to be forever free for the use of the inhabitants of the city, subject to such reasonable rules and regulations as the trustees may find necessary, in order that the library may be of the greatest benefit to the greatest number. The trustees may exclude any person or persons who wilfully violate such rules and regulations. (Ord. 236 § 2, 1915).
2.76.030 Board of trustees – Appointment – Term – Vacancy filling.
The management and control of the library shall be vested in a board of five trustees, who shall be appointed by the mayor of the city with the consent of the city council, from citizens of recognized fitness for such position. No person shall be ineligible as a trustee by reason of sex, and no trustee, as such, shall receive any compensation. The first trustees shall determine by lot whose term of office shall expire each year, and a new trustee shall be appointed annually to serve five years. All vacancies shall be filled as soon as possible in like manner as the members of the board are chosen, and in an unexpired term for the residue of the term only. (Ord. 236 § 3, 1915).
2.76.040 Board of trustees – Organization – Powers and duties.
The trustees shall immediately after taking office meet and organize by electing one of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such bylaws, rules and regulations for their guidance and for the government of the library as may be expedient and not inconsistent with the laws and ordinances of the city. The trustees shall meet on the first Tuesday of each month at 6:00 p.m. at the library, 820 East Washington Avenue, Burlington, and all such meetings shall be open to the public in accordance with the provisions of the Open Public Meetings Act. They shall have the supervision and the custody of the rooms and buildings constructed, leased or set apart for the library, and the exclusive control of the expenditures of all moneys collected for the library fund created and established in BMC 2.76.120. Such money shall be paid out from the treasury by the proper officers and upon properly authenticated vouchers of the board of trustees. The trustees may receive gifts of money, real estate, books and other property for library purposes. The finance director of the city is designated as treasurer of the board, shall perform all the duties thereof and shall be custodian of all gifts, other than real estate, books or other property regularly used by the library for library purposes. The bond of the finance director established pursuant to chapter 2.52 BMC shall be so drawn or deposited as to include and cover any and all such library funds or property, while in the hands of the finance director; provided, that such custody shall be subject to all legal rights of the board therein. The trustees may establish a written policy to write off or waive uncollected fines and fees, subject to the approval of the city finance director. (Ord. 1913 § 1, 2021; Ord. 1737 § 9, 2011; Ord. 334 § 1, 1929; Ord. 236 § 4, 1915).
2.76.050 Chief librarian – Appointment and qualifications.
The board of trustees shall have the power to appoint a chief librarian, who shall possess such qualities with respect to experience, ability, citizenship, control capacity and residence as the board may require, and who shall be subject to removal by the board. (Ord. 236 § 5, 1915).
2.76.060 Employees.
The board of trustees shall adopt a system of competition or examination under which all appointments except that of chief librarian shall be made. Under such system the chief librarian shall have the power, by and with the consent of the board of trustees, to appoint all subordinate employees of the library, prescribe rules for their conduct and remove them from office. So far as possible, all appointments shall be made to ascertain fitness for work, removals shall be made for demonstrated unfitness, and neither appointments or removals shall be made because of the candidate’s race, color, political influence or religious belief. The trustees shall have the power to do all other acts and things necessary to the management, custody and control of the library. (Ord. 236 § 6, 1915).
2.76.070 Annual report.
The trustees shall make an annual report at the close of each year to the city council stating the condition of their trust, the various sums of money received from the library fund and all other sources, how much money has been expended, the number of books and periodicals on hand, the number added during the year, the number missing or retired, the number loaned out, the general character of such loans, and such other statistics, information and suggestions as they may deem of general interest, with their estimate of the income necessary for the proper maintenance of the library fund the ensuing year; provided, that nothing in this chapter shall be construed as empowering the board of trustees to incur any indebtedness except as there is sufficient money in the library fund applicable to the payment thereof. (Ord. 236 § 7, 1915).
2.76.080 Nonresident usage – Book exchange.
The board of trustees, under such rules and regulations as it may deem necessary and upon such conditions as may be agreed upon, may allow any nonresident of the city to use the books therein, and may make exchange of books with any other public library, either temporarily or permanently. The board may contract with the board of county commissioners of Skagit County, and the board of county commissioners, village trustees, town or city council of any neighboring county, village, town or city, to loan books of said library to the residents of such county, village, town or city upon the terms agreed. (Ord. 236 § 9, 1915).
2.76.090 State aid – Application.
It shall be the duty of the board of trustees to at once apply to the State Library Commission to have the library registered by the Commission as a library under their visitation and supervision. It shall be the duty of the trustees, if the library receives such aid, to make to the Commission the annual, verified reports as provided and required by law. (Ord. 236 § 8, 1915).
2.76.100 State Library Board requirements.
It shall be the duty of the board of trustees to as far as possible meet at all times the requirements of the State Library Board, in order that aid shall not be suspended or withheld from said library. (Ord. 236 § 10, 1915).
2.76.110 Gifts.
All persons who desire to make gifts of money, personal property or real estate for the benefit of the public library shall have the right to pass the title thereto to the board of trustees to be held and controlled according to the term devised and bequeathed. (Ord. 236 § 11, 1915).
2.76.120 Fund adopted.
There is created and adopted in the city treasury a fund to be known and to be called the “library fund,” into which fund shall be paid all moneys derived by reason of taxes or other sources. Library fees shall be adopted by city council resolution following a recommendation by the library board. (Ord. 1799 § 4, 2014; Ord. 236 § 14, 1915).
2.76.130 Detaining or injuring property prohibited – Penalty.
A. Any person or persons who intentionally injures or destroys any property belonging to or deposited in said public library is guilty of a misdemeanor, and upon conviction thereof shall be punished according to the provisions of chapter 1.24 BMC.
B. Any person who wilfully detains any book, newspaper, magazine or manuscript, or any other property belonging in or to the library for 30 days after notice in writing to return same given, after expiration of the time, which by the rules of such institutions, such article or other property may be kept, is guilty of a misdemeanor, and upon conviction thereof shall be punished according to the provisions of chapter 1.24 BMC. (Ord. 236 §§ 12, 13, 1915).