Chapter 9.40
OVERDUE LIBRARY OR EDUCATIONAL MATERIALS
Sections:
9.40.010 State statute adopted by reference.
9.40.020 Enforcement authority.
9.40.010 State statute adopted by reference.
Pursuant to the authority contained in RCW 35A.13.180 and in RCW 7.80, the following Washington State Statute is adopted by this reference as though fully set forth herein, together with any and all amendments hereafter enacted by the legislature;
RCW 27.12.340: Wilfully Retaining Library and Educational Materials. (Ord. 3315 § 1, 1996)
9.40.020 Enforcement authority.
Pursuant to RCW 7.80.040, the library director, as well as any police officer, are designated as “enforcement officers” and are authorized to enforce the provisions of this chapter. (Ord. 3315 § 2, 1996)
9.40.030 Jurisdiction.
The act of checking out library or educational materials in the city and failing to return the same in the city shall confer jurisdiction on the Kelso municipal court without regard to the location where such materials were kept in the interim. (Ord. 3315 § 3, 1996)
9.40.040 Violation—Penalty.
A. This offense having been designated a Class 4 civil infraction in the adopted statute, the maximum penalty and the default amount shall be twenty-five dollars, plus statutory assessments in the amount of twenty-two dollars and fifty cents, for a total penalty of forty-seven dollars and fifty cents as provided in RCW 7.80.120, together with any amendments thereto hereinafter enacted.
B. In addition to the penalties set forth in subsection A of this section, the court may order a person found to have committed this civil infraction to make restitution in the amount of the replacement cost of the materials not returned or returned in a damaged condition, plus any outstanding fines and fees owing from a particular defendant.
C. Nothing herein contained shall prevent the city from proceeding against any defendant for theft or other appropriate criminal activity where circumstances justify the same.
D. The retention of each item of library or education material shall constitute a separate infraction if charged as such. (Ord. 3315 §§ 4 – 7, 1996)