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Library and Information Service By-law, 2009
- Published in Eastern Cape Provincial Gazette no. 2042 on 27 February 2009
- Commenced on 27 February 2009
- [Up to date as at 4 May 2021]
1. DefinitionsIn these By-laws, unless the context otherwise indicates and any word or expression to which a meaning has been assigned in the Municipal systems Act must bear that meaning, and -"charges" means any fine or miscellaneous charges in respect of the library as determined from time to time by the Council."Council" means the; the Municipal Council of the Mbizana Local Municipality or its successor-in- title and any committee or person to which or the Council has delegated or sub-delegated any power in terms of Section 59 of the Local Government Municipal Systems Act 2000 (Act No. 32 of 2000);"lending period" means the period which the Council determines for the lending out of different types of library material’"librarian" means the officer (or his representative) appointed by the Council to exercise control over and to manage the library;"library material" means books, periodicals, newspapers, prints, pictures, documents, posters, printed music, and audio-visual material, regardless of whether it is the property of, or on loan to the Council, and which is available to be perused t, studied, copied or borrowed in or from a library;"library week" means a period of one week or more during a year as determined by the Library and Information association of South Africa, during which information services are promoted;"member" means any person or organization registered as a member of the library;"multimedia library" means a library dedicated to provision or presentation of information in any two or more written visual, audiovisual and electronic forms, and includes facilities within a library that are capable of presenting information in such formats:"Municipal Systems Act" means the Local Government: Municipal Svstems Act, 2000 (Act No. 32 of 2000);"organization" means a non-profit organization or company, or cultural association having a constitution;"Pensioner" means a person aged 60 years over;"prescribed fee" means a fee determined by the Council by resolution;"resident" means a person who resides in, is a property owner or rate payer, or who is employed within the area of jurisdiction of the Council;"visitor" means a person residing, working or studying for a period of not more than three continuous months in the area of jurisdiction of the Council.
2. Use of library
4. Loan of library material
5. Return of library materialA member must return the library material borrowed by him or her to the librarian not later than the last day of the borrow ing period but-(a)the Council may extend the borrowing period of any library material not in demand by any other member after consideration of an application to that effect by the member who borrowed the library material, for not more than two further borrowing periods;(b)a member must be responsible for the return of library material borrowed by him, and should such member find it impossible to personally return such library material, he may return it in any other way;(c)A member who has borrowed library material must not keep it for more than three days after receipt of a written notice from the librarian that such library material is to be returned.
6. Overdue library material
7. Reservation of library materialA member may, after payment of the prescribed charge, reserve library material -(a)If payment of the prescribed fee thereof is made in advance;(b)And no library material will be held longer than the period specified by the librarian or his or her authorized representative.
8. Lost and damaged library material
9. Handling of library materialA member who has borrowed library material or is using it in the library is obliged to-(a)keep such material in a clean condition;(b)protect such material fro being damaged in any way;(c)ensure that such materia! is not mutilated, defaced, marked, creased or damaged;(d)ensure that no part of the library material, or any protective coverings or any identification thereof is removed ; or(e)lend any such material to any unauthorized person;
10. Exposure of library material to contagious diseases
11. Library material for special purposes
12. Reproduction of library material
13. Use of the group activities hallApproval for the use of the group activities vests in the Council subject to such conditions as the Council may determine.
14. Library hoursThe hours determined by the Council during which any library will be open to the public must be displayed on a notice at or near the entrance to the library concerned and must state -(a)the days and hours during which the library will open and close;(b)the hours during which the use of such library or any section thereof will be restricted to adults.
15. Hire of use of auditoria and lecture rooms or library space for exhibitions, films or programming
16. Internet viewing stationsAny person may utilize the internet viewing station of a library, where such facilities are made available by the council, provided that he or she -(a)pays the prescribed fee therefore(b)obtains prior permission being obtained from a librarian(c)obtains the maximum period of use as determined by the librarian;(d)obtains from loading personal software on to any hardware comprising an internet viewing station;(e)agrees t and does bear the cost of repairing any damage caused intentionally or negligently to the internet equipment while being operated by him or her(f)agrees to and does observe the council’s policy on e-mail and internet usage’ which must be displayed at each station
17. Hiring of multimedia library space
18. Peforming arts library
19. Liability for loss and injury
20. Posting of by-laws in the library
21. OffencesAny person who-(a)conduct or participate in a conversation, read aloud, sing or whistle in the library in a manner which is disturbing to other persons present in the library building;(b)impede, obstruct, disturb or in any other way annoy any other person in the legitimate use of the library;(c)refuse to deliver any library' material to the librarian within a reasonable time after being requested thereto verbally or telephonically;(d)allow any child under his supervision to create a disturbance in the library';(e)(i)act in an uncouth or disorderly fashion:(ii)use unseemly, abusive or blasphemous language; or(iii)lay a bet or gamble in any part of the library;(f)recline, sleep or partake of refreshments in the library;(g)cause or permit any animal under his supervision to enter or remain in the library;(h)while using the library, refuse to comply with any lawful request of the librarian;(i)bring any vehicle, carrier or container into the library without the permission of the librarian;(j)distribute or deposit in the library for distribution, material for advertisement, publicity or any other purpose without the permission of the librarian;(k)damage or deface any part of the library or any fitting, furniture, equipment or contents thereof;(l)supply a false name and address for the purpose of entering any part of the library' or to benefit from any service rendered by the library;(m)enter or remain in any part of the library if he is-(i)unclean on body or dress;(ii)suffering from a contagious or infectious disease notifiable in terms of any law;(n)enters or remains in any part of the library during the hours that such a library or part thereof is not officially open for service to the public;(o)enters or leaves the library by an entrance or exit not officially provided for the use of the public;(p)enter or remain in any part of the library which is reserved for the use of the library staff;(q)obstruct or block any entrance to or exit from the library;(r)remove from the library or be in the possession of library materia! the loan whereof has not been registered by the librarian in terms of these By-laws; or(s)retain in his possession any library material for more than 24 hours after the delivery to his registered address of a written demand from the librarian for the return of such material.
23. Repeal of by-lawsThe provisions of any By-laws relating library and information service by the Municipality are repealed insofar as they relate to matters provided for in these By-laws.
24. Short titleThese By-laws are called Library and Information Service By-laws.
- Entire By-law
- 1. Definitions
- 2. Use of library
- 3. Membership
- 4. Loan of library material
- 5. Return of library material
- 6. Overdue library material
- 7. Reservation of library material
- 8. Lost and damaged library material
- 9. Handling of library material
- 10. Exposure of library material to contagious diseases
- 11. Library material for special purposes
- 12. Reproduction of library material
- 13. Use of the group activities hall
- 14. Library hours
- 15. Hire of use of auditoria and lecture rooms or library space for exhibitions, films or programming
- 16. Internet viewing stations
- 17. Hiring of multimedia library space
- 18. Peforming arts library
- 19. Liability for loss and injury
- 20. Posting of by-laws in the library
- 21. Offences
- 22. Penalties
- 23. Repeal of by-laws
- 24. Short title
History of this By-law
27 February 2009 this versionPublished in Eastern Cape Provincial Gazette no. 2042By-law commences.