There is hereby established in the City a public library which shall be perpetually kept and maintained by the City and shall be known as the Kearney Public Library.

(Code 1958, 18.2; Code 1980, 20-1; Ord. No. 5406, 1, 4-14-92; Ord. No. 8333, § 1, 3-12-2019)

State Law reference— Similar provisions, Neb. Rev. Stat. 51-201

For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

BASIC SERVICES: Shall include, but not be limited to, free loan of circulating print and non-print materials from the local collection, general reference, information services, internet access, classes and programs.

BOARD: Shall be construed to mean the "Library Advisory Board" of the City.

LIBRARY OR PUBLIC LIBRARY: Shall mean the Kearney Public Library.

NONBASIC SERVICES: Shall include, but not be limited to, use of:

Photocopying equipment;

Media equipment; and

Computers and meeting room spaces.

(Ord. No. 5406, 2, 4-14-92; Ord. No. 8333, § 2, 3-12-2019)

There is hereby created a public library fund which shall consist of the following:

A.

The proceeds of the tax levy authorized for such purpose;

B.

All funds donated for the maintenance and support of the library;

C.

All monies collected for violation of rules and regulations established by the Library Board; and

D.

All other monies received for the use and support of the library regardless of the source. (Code 1958, 18.3; Code 1980, 20-2)

State Law reference— Similar provisions, Neb. Rev. Stat. 51-215

Any person may make any donation of money, lands or property for the benefit of the public library. The title to the property donated may be made to and shall vest in the City for the public library and such property shall thereafter be exempt from taxation.

(Code 1958, 18.7; Code 1980, 20-3)

State Law reference— Similar provisions, Neb. Rev. Stat. 51-215

All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance or support of the City public library, shall be kept for the use of the City public library, separate and apart from the other funds of the City.

(Code 1958, 18.4; Code 1980, 20-4)

State Law reference— Similar provisions, Neb. Rev. Stat. 51-209

Penalties imposed or accruing by any bylaw, rule or regulation of the Library Board may be recovered in a civil action before any court having jurisdiction. Such action shall be instituted in the name of the City and moneys collected in such actions shall be forthwith placed in the City treasury to the credit of the Library Fund.

(Code 1958, 18.6; Code 1980, 20-5)

Except as otherwise provided herein, the public library shall be available to the free use of the inhabitants of the City, subject always to such reasonable regulations as the City may adopt to render such library of the greatest use to the inhabitants of the City. The City may exclude from the use of the library and reading rooms any person who willfully violates or refuses to comply with the rules and regulations established for the governing thereof.

(Code 1958, 18.5; Code 1980, 20-6; Ord. No. 5406, 3, 4-14-92)

Editor's note— Ord. No. 8329, § 1, adopted February 26, 2019, repealed § 6-108. Former § 6-108 pertained to library; circulating libraries, works of art, etc. and derived from § 18.8 of the Code of 1958; and § 20-7 of the Code of 1980.

All moneys received by the Library Board or by any librarian or assistant from any source for the use and support thereof, shall be paid to the Director of Finance.

(Code 1958, 18.9; Code 1980, 20-8; Ord. No. 8375, § 11, 9-10-2019)

No person shall write upon, injure, deface, tear, damage or destroy any book, newspaper, plate, engraving, art print, art copy or any other property or thing of value belonging to, on loan to, or in the care of the public library, or, without proper authorization, remove, take or carry off any book, record, DVD, CD or other property of the library, or fail to return any book, record, DVD, CD or other property of the library at the time of the expiration of its loan period. A violation of this section shall constitute an infraction punishable in accordance with the provisions of Section 1-112 of this Code.

(Code 1958, 18.10; Ord. No. 3315, 1, 1-27-81; Code 1980, 20-9; Ord. No. 5406, 4, 4-14-92; Ord. No. 8333, § 3, 3-12-2019)

No service of the library shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status.

(Ord. No. 5406, 5, 4-14-92)

There is hereby created a Library Advisory Board in and for the City.

(Ord. No. 5406, 6, 4-14-92)

The Library Advisory Board shall consist of five (5) members chosen from the citizens at large. Neither the Mayor nor any member of the Council shall be a member of the Library Advisory Board. The City Manager and the Library Director shall be ex-officio members of the Board.

(Code 1958, 2.22; Code 1980, 2-99; Code 1980, 20-23; Ord. No. 5406, 6, 4-14-92)

The members of the Kearney City Library Advisory Board shall be chosen by appointment by a majority vote of the members of the Council.

(Ord. No. 3172, 1, 3-11-80; Code 1980, 20-24; Ord. No. 5406, 6, 4-14-92)

The Board members first appointed shall hold their office, three (3) for terms of four (4) years, and two (2) for terms of two (2) years from the first (1st) day of July following their appointment, and their successors shall each serve four (4) year terms. A Board member shall serve a maximum of two (2) consecutive terms. Interim appointments for terms of less than two (2) years shall not be considered a term.

(Res. No. 79-33, 4-10-79; Code 1980, 20-25; Ord. No. 5406, 6, 4-14-92)

In case of vacancies by resignation, removal, illness or any other reason, the Mayor, with Council's approval, shall immediately appoint a new member to the Board for the unexpired vacated term.

(Code 1980, 20-26; Ord. No. 5406, 6, 4-14-92)

At their first (1st) meeting in July, the Board members shall elect a president, secretary, treasurer and such other officers as may be necessary.

(Code 1980, 20-27; Ord. No. 5406, 6, 4-14-92)

The members of the Board shall have such powers and perform such duties as may be conferred upon and required of them by the Council. The Board is an advisory board, thus having only those powers and duties to advise and recommend to the Council and City Manager as are granted to them by the Council.

(Code 1980, 20-29; Ord. No. 5406, 6, 4-14-92)

The Board shall have the power to recommend for adoption and imposition by the Council, general rules, penalties and forfeitures for trespasses upon or injury to the library grounds, rooms, books or other property, for failure to return any book, video tape or other loaned material; or for violation of any bylaw, rule or regulation adopted by the Council for the library, and to recommend reasonable fees, not to exceed the library's actual cost, for nonbasic services. The public library shall make its basic services available without charge to all residents of the City.

(Ord. No. 5406, 6, 4-14-92)

Three (3) members of the Board shall constitute a quorum; provided, any motion, resolution or order passed by the Board in order to be valid shall require the vote or assent of three (3) members of the Board.

(Code 1980, 20-28; Ord. No. 5406, 6, 4-14-92)

The Board may adopt all procedural rules necessary to provide for regular and special meetings of the Board and for the conduct of its business. The proceedings of the Board shall be recorded and preserved in accordance with the Public Meetings Law, sections 84-1408 R.R.S., et seq.

(Ord. No. 5406, 6, 4-14-92)

The Board shall, from time to time, recommend general bylaws, rules or regulations for the operation and government of the library to the City Manager and file a copy thereof with the City Clerk to be recorded and indexed in the records of the Clerk's office. Such rules and regulations shall be submitted to the Council for approval and adoption, and when so approved and adopted by Council, shall be published in a manner as provided for ordinances, and a copy thereof shall be kept on file at the office of the City Clerk for public inspection. A violation by any person of any such rule or regulations after adoption by the Council shall be deemed a violation of this Code, punishable as an infraction.

(Code 1980, 20-31; Ord. No. 5406, 6, 4-14-92)