§ 21-29.3. Library Rules of Conduct and Eviction Procedure.  


Latest version.
  • (1)

    Mission Statement.

    (a)

    The mission of Miami-Dade Public Library System, the "Library," is to maintain and improve the library services reflecting the informational, educational, and recreational needs of our diverse community.

    (b)

    In order to maintain an appropriate atmosphere conductive to accomplishing this mission, the Library has adopted these Rules of Conduct.

    (2)

    Rules of Conduct. The following actions, as well as any other behavior that disrupts the public use of the Library, are prohibited. Anyone who violates these rules may be asked by staff to leave the Library premises. The Library reserves the right to immediately discharge a patron that is dangerous or in any way threatening library staff or other patrons.

    (a)

    Level One Offense:

    (i)

    For the following Level One offenses, after having first been warned by Library staff to cease the inappropriate behavior, a second or continued violation will result in access to the Library premises being denied for the remainder of the day. If the patron feels that his one-day expulsion is unfair, Library staff will contact a supervisor who will make the final expulsion determination.

    (ii)

    If feasible, a patron who is asked to leave the premises will be given a copy of the Rules of Conduct and will be told that he/she is welcome back in the Library the next day as long as the patron abides by all of the Rules.

    (iii)

    Level One Prohibited Activities:

    A)

    Smoking;

    B)

    Eating or drinking, except in authorized areas;

    C)

    Bringing pets into the building, except service animals;

    D)

    Sleeping;

    E)

    Placing feet on tables or chairs;

    F)

    Loitering (remaining in the Library without being engaged in purposes for which the Library was opened, such as reading, writing and quiet contemplation) ;

    G)

    Leaving individuals requiring care unattended for long periods of time or at closing;

    H)

    Loud, boisterous or disruptive behavior;

    I)

    Bathing, shaving, washing clothes, or other inappropriate uses of Library restrooms;

    J)

    Bodily hygiene that is so offensive as to constitute a nuisance to patrons or staff;

    K)

    Operating any radio, telephone, or other device at a volume where others can hear it;

    L)

    Inadequate attire (shirt and shoes are required);

    M)

    Rollerskating, rollerblading, cycling or skateboarding on Library property;

    N)

    Failing to abide by all Library rules and regulations as set forth herein, or as posted or related by Library staff;

    O)

    Overt displays of gang behavior;

    P)

    Failure to abide by the rules regarding public access computers, which are:

    • Users must sign-in at the Service Desks;

    • Users are limited to one 45-minute session per day;

    • Printing must be completed before the session ends;

    • Altering or abusing computer equipment and/or settings is prohibited;

    • Users need to be considerate and should refrain from displaying objectionable materials because Internet workstations are located in public areas.

    (iv)

    Subsequent violations of Level One offenses may be considered a Level Two offense.

    (b)

    Level Two Offense:

    (i)

    Upon violation of a Level Two offense, a patron will be evicted from the Library premises for an initial period of seven days. Library staff will give the patron a "Notice of Eviction" which advises the patron of his ability to appeal the eviction.

    (ii)

    Patrons may request a hearing to appeal a Level Two eviction by submitting the "Hearing Request Form," along with a copy of the "Notice of Eviction," by mail and postmarked within forty-eight hours of the date of the "Notice of Eviction," to the Director, Miami-Dade Public Library System, 101 West Flagler, Miami, Florida 33130. Failure to make a timely request for a hearing will render the eviction decision final. The hearing will be held before one or more members of the Library Administration, who have had no prior involvement in the eviction decision.

    (iii)

    Level Two Prohibited Activities:

    A)

    Repeated violations of Level One offenses;

    B)

    Harassing, intimidating, stalking or prolonged staring at patrons or staff;

    C)

    Using abusive language in a threatening manner to other people;

    D)

    Being drunk, intoxicated, or disorderly;

    E)

    Sexual misconduct;

    F)

    Damaging, destroying, or defacing Library property (the Library may require full restitution from patrons who damage or deface Library materials prior to restoring visitation);

    G)

    Refuse, upon leaving, to allow a librarian, security guard or other authorized employee to inspect a package, backpack, or other container which is of sufficient size to contain a library book, provided that there is prominently displayed at each public entrance a sign which reads as follows:

    WARNING-IN ORDER TO ASSURE THAT LIBRARY BOOKS AND OTHER MATERIALS ARE NOT REMOVED FROM THIS BUILDING WITHOUT AUTHORIZATION, THE LIBRARY RESERVES THE RIGHT TO INSPECT ALL PACKAGES, BACKPACKS, SHOPPING BAGS, LARGE HANDBAGS AND OTHER CONTAINERS BEING TAKEN OUT OF THE LIBRARY, ENTRY INTO THIS LIBRARY CONSTITUTES CONSENT TO SEARCH.);

    H)

    Drinking alcoholic beverages in the Library;

    I)

    Engaging in any activity prohibited by law;

    J)

    Removing Library materials without checking them out.

    (iv)

    Subsequent violations of Level Two offenses may result in progressively longer evictions of up to a one-year period.

    (c)

    Level Three Offense:

    (i)

    Upon violation of a Level Three offense, a patron will be evicted from the Library premises for a period of at least one year. Library staff will give the patron a "Notice of Eviction" which advises the patron of his ability to appeal the eviction.

    (ii)

    Patrons may request a hearing to appeal a Level Three eviction by submitting the "Hearing Request Form," along with a copy of the "Notice of Eviction," by mail and postmarked within ten days of the date of the "Notice of Eviction," to the Director, Miami-Dade Public Library System, 101 West Flagler, Miami, Florida 33130. The hearing of Level Three evictions will be held before an independent Hearing Examiner. Failure to make a timely request for a hearing will render the eviction decision final.

    (iii)

    Level Three offenses are those that involve physically threatening behavior.

(Ord. No. 82-14, § 3, 3-2-82; Ord. No. 04-102, § 1, 5-11-04)