ORDINANCE NO. 3227-22
ADDING CHAPTER 36 TO TITLE 4 OF RBMC
RULES FOR CITY LIBRARIES AND MEETING FACITLITIES
PAGE NO. 1
ORDINANCE NO. 3227-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, ADDING MUNICIPAL CODE
CHAPTER 36 TO TITLE 4 REGARDING RULES FOR CITY
LIBRARIES AND MEETING FACILITIES
WHEREAS, City libraries and meeting facilities are operated for the benefit of the general public and must function as shared resources; and
WHEREAS, individuals who cannot or do not regulate their own conduct and who persistently annoy other patrons or disrupt the quiet enjoyment of these public facilities make it impossible for the facilities to serve their intended purposes; and WHEREAS, rules intended to ensure that library and meeting facilities remain available to all serve the general welfare; and
WHEREAS, such rules must be formulated and administered fairly and reasonably so as to preserve and protect individual rights.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF CODE. Title 4, Chapter 36 is hereby added to the Redondo Beach Municipal Code and shall read as follows:
“4-36 CITY LIBRARY AND MEETING FACILITIES
4-36.01 Applicability of chapter. The rules set forth in this chapter shall apply to all libraries located within the City of Redondo Beach.
4-36.02 City library and meeting facilities rules.
(a) The City Manager will promulgate rules for the use of City libraries and the use of City meeting facilities.
(b) Such rules shall be formulated to ensure that the libraries and meeting facilities serve their primary purposes. In the case of libraries, these purposes include the provision of a quiet and orderly environment in which people may read, study, use library materials and equipment and contemplate. The purpose of meeting facilities is to provide an orderly environment in which groups may gather to conduct meetings, attend lectures and discussions, and undertake other group activities. The rules may regulate disruptive behavior, noise, offensive odors, health and sanitation hazards, and bringing possessions, materials or objects into the library or facility which are likely to interfere with its use by others. The rules may not unreasonably or unfairly restrict access to libraries or facilities by any person or group. (c) Any person who has violated any rule or regulation duly adopted by the City Manager may be subject to the suspension of his or her borrowing or library visitation privileges for a period not to exceed one year, as provided by the library rules.
ORDINANCE NO. 3227-22
ADDING CHAPTER 36 TO TITLE 4 OF RBMC
RULES FOR CITY LIBRARIES AND MEETING FACITLITIES
PAGE NO. 2
(d) Notwithstanding subsection (c) above, any person who carries overdue library fines over ten dollars ($10.00) or who fails to timely return borrowed library materials shall be subject to suspension of his or her borrowing privileges, until such time that fines are brought to ten dollars ($10.00) or below.
(e) Any person subject to suspension of his or her borrowing or library visitation privileges, as authorized by subsection (c) above, may appeal the suspension pursuant to Section 4-36.03.
Unless otherwise ordered by the Hearing Officer, suspensions remain in effect during the pendency of any appeal.
(f) Rules for the use of City libraries and meeting facilities shall be conspicuously posted on the premises. Any person who violates the rules shall be personally advised of the violation and the rules’ requirements. Any person who fails or refuses to comply with any rule after receiving a personal advisement shall be warned that continued failure to comply may result in the person being required to leave the premises.
(g) Any person who fails or refuses to leave the facility or who returns to the facility during the time that their visitation privileges have been suspended after being given personal advisement, warning and direction to leave, shall be guilty of a misdemeanor which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. 4-36.03 City library privileges suspension appeals
(a) Any person subject to suspension of his or her borrowing or library visitation privileges, pursuant to Section 4-36.02(c) of this code, may appeal the suspension by completing an appeal form, stating the basis of the appeal, and returning it to the City Clerk’s office within seven (7) days of the start of the suspension.
(b) The City Manager (or designee) shall serve as the Hearing Officer for any appeal. The City Manager (or designated hearing officer) may initiate such proceedings and shall cause a notice of such hearing to be given to the person subject to suspension at the address set forth in the library card application or served personally if no such address is available of the time and date of the suspension hearing. Notice of the hearing date will be served on the person subject to suspension at least five (5) business days before the hearing. At the time set for the hearing or at the date to which the hearing may be continued by the City Manager (or designee), the person whose privileges are subject to suspension may be heard and may present any facts to show why such privileges should or should not be suspended. At the close of the hearing, or at any time within thirty (30) days thereafter, the City Manager (or designee) shall determine from the facts produced at the hearing, and from any other facts in his or her possession whether or not the privileges in question should be revoked. The City Manager (or designee) shall make his or her order accordingly and may make such order conditional upon the doing or not doing of any act by the person whose privileges are subject to suspension, which the City Manager (or designee) deems for the public good. On the permanent suspension of any privileges, all fees shall be forfeited to the City. Notice of such suspension shall be given to the person by the hearing officer.
(c) Any person directly aggrieved by an administrative decision of the Hearing Officer may within ten (10) business days, file an appeal with the City Council. Privileges shall remain subject to the conditions of the hearing decision during any period of appeal.” ORDINANCE NO. 3227-22
ADDING CHAPTER 36 TO TITLE 4 OF RBMC
RULES FOR CITY LIBRARIES AND MEETING FACITLITIES
PAGE NO. 3
SECTION 2. INCONSISTENT PROVISIONS. Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION 3. SEVERANCE. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published by one insertion in the official newspaper of said city, and same shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
PASSED, APPROVED AND ADOPTED this 4
th day of January, 2022.
________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk ORDINANCE NO. 3227-22
ADDING CHAPTER 36 TO TITLE 4 OF RBMC
RULES FOR CITY LIBRARIES AND MEETING FACITLITIES
PAGE NO. 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Ordinance No. 3227-22 was introduced at a regular meeting of the City Council held on the 4th day of January, 2022, and approved and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 4th day of January, 2022, and there after signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Eleanor Manzano, CMC
City Clerk