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HomeMy WebLinkAboutMINUTES - 04212015 - C.68RECOMMENDATION(S): APPROVE the amended Library Patron Conduct Policy and ADOPT Suspension policy, as recommended by the County Librarian. FISCAL IMPACT: No fiscal impact BACKGROUND: The Contra Costa County Public Library seeks to provide materials and services to the public in an environment that is safe, pleasant and conducive to comfortable library use. No one may engage in conduct that interferes with anyone else’s ability or right to use and benefit from library facilities. Anyone who engages in behavior that disrupts someone else’s use of the library may be asked to leave the library. To ensure that all library visitors have a pleasant, productive and safe experiences, all library visitors are required to adhere to the current Library Standards of Behavior, adopted by the Board of Supervisors in 2009 (Resolution No. 2009/354). As use of the library grows and changes, the Library sees the need to update the current Standards of Behavior to further clarify and define acceptable and unacceptable uses of library facilities, materials, and services as well as adopting a Suspension Policy for when library users are unable to follow the Patron Conduct Policy. The Patron Conduct Policy includes two additional documents, the Children's/Teen Area Policy and the Unattended Children Policy, to further clarify for library users and staff the use of library spaces, materials, and services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/21/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: 925-927-3201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 21, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 68 To:Board of Supervisors From:Jessica Hudson, County Librarian Date:April 21, 2015 Contra Costa County Subject:Amendment to Library Patron Conduct Policy and Adoption of Suspension Policy BACKGROUND: (CONT'D) CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Library will continue to use the current Standards of Behavior, which do not adequately define the types of behaviors that are disallowed in library facilities. Additionally, the Library will not have an adopted Suspension Policy, which will impede staff from removing library visitors that do not follow the current Standards of Behavior, creating unwelcoming and unusable environments for some library users. ATTACHMENTS Suspension Policy Children's/Teen Area Policy Unattended Children Policy Patron Conduct Policy 1 CONTRA COSTA COUNTY PUBLIC LIBRARY Patron Conduct Policy Statement of Policy The Contra Costa County Public Library seeks to provide materials and services to the public in an environment that is safe, pleasant and conducive to comfortable library use. No one may engage in conduct that interferes with anyone else’s ability or right to use and benefit from library facilities. (See below for types of unacceptable behavior.) Anyone who engages in behavior that disrupts someone else’s use of the library may be asked to leave the library. Persons who engage in illegal activity, or any willful or repeated violations of this Patron Conduct Policy, or other posted library rules, are subject to being removed from the library facility and/or having their library privileges suspended. (See the Contra Costa County Public Library Suspension Policy.) Where authorized by Federal, State or local law, conduct violations may also result in arrest. Enforcement of this Patron Conduct Policy will be by library staff and/or local police, as appropriate. Need for the Policy This Patron Conduct Policy is intended to protect the rights and safety of library patrons and staff and preserve and protect the library’s materials, facilities and property. Conduct Requirements Patrons must be engaged in activities associated with the use of a public library when in the building. Patrons not engaged in reading, studying, using library materials or equipment, or participating in a library program or activity will be required to leave the building. The following behaviors are prohibited in the library: Behaviors that disturb the normal functioning of the library, including: o Refusing to follow the reasonable direction of library staff. o Engaging in illegal activities. o Being in possession of or under the influence of alcohol or illegal drugs. o Smoking, including the use of electronic or vapor cigarettes, inside the library facility or anywhere on library property. 2 o Creating loud noises that are disruptive to others, including loud talking and using electronic equipment set at a loud volume. o Causing strong pervasive odors that constitute a nuisance to others, including pervasive fragrances caused by perfume or other scented products. o Soliciting, panhandling, or gambling. o Failure to wear a shirt/top, pants/bottoms or shoes. o Engaging in any sexual activity or conduct. o Entering restricted and/or nonpublic areas of the library without permission. o Interfering with or disrupting library computer networks, library services, or library equipment. o Consuming food or beverages in the library, other than in designated areas. o Theft of library materials. Behaviors that disrupt the use of the library by others or create an unsafe environment, including: o Engaging in behavior that a reasonable person would find harassing, threatening, harmful or disruptive, including stalking, prolonged staring, or following another with the intent to annoy or disturb. o Harassing, threatening, assaulting, fighting, challenging to fight, or making verbal, written or implied threats of violence. o Bringing a weapon of any kind into the library or onto library property, including but not limited to, a gun, whether loaded or unloaded, a knife or a club. o Using harassing or insulting language, including profanity. o Engaging in horseplay or hazing. o Vandalizing library facilities, equipment, or materials. o Engaging in behaviors prohibited by other library policies. Inappropriate use of facilities or equipment, including: o Blocking entrances, exists, aisles, or walkways. o Using furniture or building facilities in ways that may cause damage or excessive or unreasonable wear, e.g., lying down, putting feet on chairs or walls, using more than one seat per person. o Using restrooms inappropriately, such as for shaving, bathing, laundering, or loitering. o Using library furniture or materials for anything other than its intended purpose. o Using electronic devices or other equipment in a way that disturbs other library users. o Leaving young children unattended anywhere in the library, including the children’s area. (See the Contra Costa County Public Library Unattended Children Policy.) o Bringing any animals, except service animals or animals authorized by library staff, onto library property. o Running, riding skateboards, scooters, roller shoes, roller skates, roller blades, or similar devices inside library facilities or on library property. 3 o Bringing bicycles, unicycles, tricycles or other similar conveyances into library facilities, or leaving them at the entrance or exit to the library in a manner that inhibits entry or exit. (This restriction does not apply to wheelchairs or strollers or similar devices, provided they are used and stored in a manner that does not restrict public access.) o Lying down or sleeping in a reclined position while in a library facility or on library grounds. o Leaving personal belongings unattended. o Using the Internet in ways that interfere with a safe, welcoming and comfortable environment for the public or library staff. o Misusing library spaces that are designated for particular uses. . (See the Contra Costa County Public Library Children and Teen Areas Policy.) o Such spaces vary by branch, but include:  Children’s rooms, which are reserved for children under the age of 12 and their caregivers, and patrons using the children’s collections at the discretion of library staff.  Teen rooms, which are reserved for patrons who are age 12 through 18, or patrons using the teen collection at the discretion of library staff.  Certain computers and study rooms that are designated for customers working individually and quietly. 1 CONTRA COSTA COUNTY PUBLIC LIBRARY Children - Unattended Policy Statement of Policy The Contra Costa County Public Library welcomes children. A child’s parents or guardians are responsible for the child’s safety and behavior when the child is in the library, even if the parents or guardians are not present. Young children may not be left unattended anywhere in the library, including areas designed for children. A parent, guardian or responsible individual who is at least fifteen years of age must accompany children under the age of eight when they are using the library. The responsible individual must supervise, guide and control the behavior of their charge or charges at all times. Library staff are available to be a resource for children, but cannot assume responsibility for a child in the absence of a parent or guardian. Need for the Policy When children are left unattended, they may become frightened, restless, or disruptive. Unattended children may create a physical danger for themselves or others, and may interfere with other patrons’ use and enjoyment of the library. Requirements and Guidelines Library staff cannot assume responsibility for the safety and well-being of any child in the absence of a parent, guardian or caregiver. Library staff will attempt to contact the parent or guardian of the child if a child is unattended or under-attended / ignored and one or more of the following events occur: the behavior of the child is disruptive or inappropriate the child appears to be a danger to herself or himself or others the child appears to be threatened by others the child appears to be ill or upset the child has not been met by a parent or caregiver at closing If a parent or guardian cannot be located, library staff will contact police, or County Sheriff, or the County’s Child Protective Services 24-hour emergency response hotline. In the event of an emergency, library staff will call 911. 1 CONTRA COSTA COUNTY PUBLIC LIBRARY Children and Teen Areas - Policy Statement of Policy The Contra Costa County Public Library strives to create a welcoming, educational and safe environment for our youth. The safety and welfare of every child is of the utmost importance. Library staff are available to be a resource for children, but cannot assume responsibility for a child in the absence of a parent or guardian. (See the library’s Children – Unattended Policy.) Need for the Policy The Contra Costa County Public Library is concerned about the safety of all its patrons and especially the safety of its youngest patrons. This policy is intended to ensure that the library’s children’s and teen areas are welcome, safe places for the children and teens that use them. Requirements and Guidelines Children’s areas are reserved for use by children age 11 and under, their parents or guardians, and patrons using the children’s collections at the discretion of library staff. Teen areas are reserved for use by patrons age 12 – 18, those who accompany them and patrons using the teen collection at the discretion of library staff. Unaccompanied adults may be asked by library staff to use the facilities, services, and equipment in the adult section of the library. Children, teens and adults in the children’s and teen areas must adhere to the conduct requirements set forth in the library’s Patron Conduct Policy. 1 CONTRA COSTA COUNTY PUBLIC LIBRARY Suspension Policy Statement of Policy The Contra Costa County Public Library has adopted a Patron Conduct Policy to help ensure the safety and security of library patrons and staff and a comfortable and enjoyable library experience for all. Persons who violate the Patron Conduct Policy are subject to removal from the premises and/or suspension of their library privileges, or, when appropriate, arrest. Need for the Policy This Suspension Policy gives the Contra Costa Public Library a mechanism to protect the public and staff from disruptive, offensive or unsafe behavior. The Suspension Policy also gives the library a mechanism to protect library property, equipment and facilities. Staff Response to Violations Violation of any of the conduct requirements set forth in the Patron Conduct Policy constitutes conduct that can result in expulsion from the library and forfeiture of library privileges. The library reserves the right at all times to immediately eject a patron that is engaged in any conduct that threatens the life or safety of any person or that is damaging to library property, equipment or facilities. Minor violations of the Patron Conduct Policy will first result in library staff attempting to educate or warn individuals about policies and enforcement. Repeat misconduct or severe offenses (even a single isolated event) may result in an individual’s library privileges being suspended for a minimum of one day to a maximum of one year. Below are examples of inappropriate patron behaviors and suspension time periods. One-Day Suspension: Ignoring repeated staff warnings about disruptive behavior Violating the Patron Conduct Policy Using harassing, threatening or insulting language, including profanity Being intoxicated Causing strong pervasive odors that constitute a nuisance to others One-Week up to One-Month Suspension: An escalation of any of the above behaviors, or the repetition of these behaviors despite previous warnings or the previous imposition of a one-day suspension Using library facilities or equipment inappropriately 2 One-Month up to Six-Month Suspension: An escalation of any of the above behaviors that previously resulted in a one-week, or longer, suspension Behavior that a reasonable person would find harassing threatening, harmful or disruptive Vandalizing library facilities, equipment or materials One-Year Suspension: Any illegal behavior Bringing a weapon of any kind into the library or onto library property Sexual misconduct of any kind Physical violence of any kind Repeated offensive or dangerous behavior over a period of time Repeated or escalating behavior that prior suspensions did not correct Suspension Procedures If staff determines that a person has engaged in severe or repeat misconduct and staff has determined that the individual’s library privileges should be suspended, staff will issue a written suspension notice (see form attached) to the individual involved notifying him/her that he/she is banned from all Contra Costa County Public Libraries. The notice will indicate the reason(s) for the ban and the time period of the ban. If possible, the notice will be hand-delivered to the individual when the determination to suspend library privileges is made. If it is not possible to hand-deliver the notice and the individual’s name and address are known, the notice will be mailed to the individual. If the person whose privileges are being suspended is a minor, a copy of the suspension notice will be mailed to the parent or guardian of the individual. Appeal Process Anyone whose library privileges have been suspended for more than one week may appeal the decision to the County Librarian. The County Librarian, or in her absence, her designee, may affirm, modify, or revoke any suspension. Appeals must be made in writing and must be received within seven days of the suspension. Appeals should be addressed to the County Librarian, 1750 Oak Park Boulevard, Pleasant Hill, California 94523. Enforcement If any person named in a suspension notice enters a Contra Costa County Public Library before the return date listed on the suspension notice, he or she will be asked to leave. If the individual does not leave when asked, staff will contact local law enforcement. Individuals who enter a Contra Costa County library before the return date listed on the suspension notice are subject to arrest for trespass under California Penal Code Section 602.