Library Policies

Library Behavior Policy

To provide a safe and comfortable environment for library users and staff, the Waco-McLennan County Library adopts the following policy regarding library user conduct and responsibility.

The Library is committed to providing equal and open access to everyone regardless of race, age, gender, religion, national origin, political affiliation, sexual orientation, gender identity, or disability. All individuals entering library facilities are expected to respect the rights of other library users.

Short-Term Suspension (1 Day – 30 Days)

Penalties:

• First Offense: Verbal Warning
• Second Offense: 1 Day Suspension
• Third Offense: 7 Day Suspension
• Fourth Offense: 30 Day Suspension

Prohibited Behaviors:

• Using tobacco products and smoking, including the use of e-cigarettes.
• Eating or drinking, except non-alcoholic drinks in a container with a screw-top lid.
• Bringing in animals, except for service animals or those used for library programs.
• Not wearing shoes or a shirt or wearing clothing that exposes private body parts.
• Using library restrooms for bathing or any purpose other than for which restrooms are intended.
• Producing disruptive sounds including use of personal communications or entertainment devices.
• Selling or solicitation of any type.
• Sleeping or loitering in the library or on library premises.
• Adults in youth-designated areas or programs when not accompanied by a child or teen.
• Unattended bags or belongings, or spreading out personal belongings so as to obstruct aisles, walkways, corridors, doorways, workspaces, or any other area of the library.
• Distributing or posting printed materials in a manner not in accordance with library policy.
• Photography or videography that disrupts others’ peaceful enjoyment of the library.

Long-Term Suspension (90 Days – 1 Year)

Library users engaging in the violation of the following rules may result in long-term suspension. The severity of the offense may result in a systemwide suspension.

Penalties:

• First Offense: 90-Day Suspension
• Second Offense: 180-Day Suspension
• Third Offense: Criminal Trespass Warning (1 Year)

Prohibited Behaviors:

• Harassment, sexual harassment, intimidation, or unwelcome behavior toward staff or library users of a verbal, non-verbal, electronic, or physical nature.
• Using or being under the influence of alcohol or illegal drugs.
• Viewing material deemed to be obscene as defined in the Children’s Internet Protection Act (CIPA) and the Texas Penal Code.
• Returning to library premises before a short-term suspension has ended and refusing to leave.

Systemwide Suspension

The following will result in a systemwide suspension from all Waco-McLennan County Library locations. Law enforcement will be contacted on all matters in the following categories.

Penalty:

• First Offense: Criminal Trespass Warning (1 Year)

Prohibited Behaviors:

• Any activity in violation of federal, state, or local law.
• Using threatening or abusive language or behavior towards staff or library users.
• Public lewdness of any kind.
• Disorderly or disruptive conduct that is intimidating, hostile, offensive, or adversely impacts the peaceful enjoyment of the library.
• Intentional abuse or vandalism of library facilities, materials, or equipment.
• Damaging, destroying, or stealing library or personal property including tampering with security or safety devices.
• Possessing weapons or objects that may be used as weapons, other than weapons carried in accordance with state law.
• Use of library technology devices or network for illegal activity.

Library Response to Violations

Library staff may revoke library privileges to users violating this policy. Any person who is asked to leave a library or library property and refuses to do so shall be considered a trespasser and may be subject to citation or arrest by a police officer.

The length of suspension is at the discretion of the Person in Charge at the library and will be appropriate to the infraction.

Appeals Process

Short-Term Suspensions (1–30 Days)

A library user whose privileges have been denied by library staff for 30 days or less may appeal to the Library Director or designee within seven business days from the date that the library user’s privileges were denied and show cause why library privileges should not be denied.

The Director or designee shall hear and decide on such an appeal within seven business days of hearing the appeal.
The decision of the Library Director or designee is final.

Long-Term Suspension (90 Days–1 Year) and Systemwide Suspension

A library user whose privileges have been denied by library staff for 90 days or more or that received a systemwide suspension may appeal to the Library Director or designee within seven business days from the date that the library user’s privileges were denied and show cause why library privileges should not be denied.

The Director or designee shall hear and decide on such an appeal within seven business days of hearing the appeal.

If the Director or designee upholds the suspension, a library user may appeal the decision of the Library Director to the Waco-McLennan County Library Commission. This appeal must be made in writing within thirty (30) calendar days of the decision.

The Commission will notify the library user to appear at their next regularly scheduled meeting and show cause why library privileges should not be denied. The Commission shall deem failure to appear as agreement with the Library Director's decision.
The Commission shall decide on an appeal within thirty calendar days of the Commission meeting.

Administrative Authority

The Library Director has the authority to establish guidelines and procedures as necessary to carry out this policy and ensure the safety of library users and staff.

The Waco-McLennan County Library welcomes children to our facilities and encourages them and their families to use the library's materials, services, and programs. We strive to provide a safe and appropriate environment for visitors of all ages; however, the library is not a childcare provider.

Parents, guardians, or caretakers are responsible for monitoring and regulating the behavior of children under their supervision. Library staff members are not permitted to take on that responsibility.

Guidelines

• Children younger than 12 years of age may not be left unattended in the library.
  They must be accompanied by a parent, guardian, or a caretaker, 16 years of age or older.
• If a child under the age of 12 is at the library without the proper supervision, library staff will attempt to contact the child's parent, guardian, or caretaker.
  If staff is unable to contact a responsible person, or if the responsible person contacted does not arrive promptly to take supervision of the child, staff will contact the Waco Police Department.
• Children 12 and older may be left unattended if they work quietly and follow library rules.
  Such children must have some form of identification and parent/guardian contact information with them.
  Disruptive children will be asked to leave the library, and parents may be contacted.
  If a problem arises and staff is unable to contact the parent, guardian, or caretaker, the Waco Police Department may be called.
• If any child under the age of 16 is left unattended at closing time or in the event of an emergency, library staff will call the Waco Police Department.
  Library staff members are not permitted to transport children in personal vehicles under any circumstances.

Administrative Authority

The Library Director has the authority to establish such guidelines and procedures as necessary to ensure fair and equitable service within budget and staffing constraints.

To fulfill its mission, the Waco-McLennan County Library provides access to a broad range of informational sources, including those available through the Internet. As an informational resource, the Internet enables the library to provide information far beyond the limitations of its own collection. It is, however, an unregulated medium, and not all sources on the Internet will provide accurate, complete, or current information. Since the library cannot control or monitor the vast amount of material accessible from computers and networks via the Internet, the individual user must accept responsibility for determining and evaluating the content.

Children and the Internet

While the Internet holds great opportunities for educational exploration, parents and legal guardians should be aware that it is an unregulated medium. Some of the material found on the Internet may not be considered suitable for children.

In accordance with the Children’s Internet Protection Act, P.L. 106-554, the Library computers are filtered to “…block access to obscene and pornographic images and prevent minors from accessing materials harmful to them.” However, no filtering software can control access to all materials that an individual may deem inappropriate. The Library does not guarantee the total effectiveness of technological protection measures such as filtering software.

As with the Library’s materials collection, it is the right and responsibility of the parent or legal guardian to guide their children in selecting Internet resources that are compatible with the values and the beliefs of their family. The library staff does not regulate the content of Internet sources accessed by any patron, regardless of age.

Use Guidelines

While library staff does not regulate what the public views on the Internet, the following laws will be enforced:

§21.16 of the Texas Penal Code prohibits the intentional disclosure of visual material, including on an Internet website, depicting another person with the person’s intimate parts exposed or engaged in sexual conduct.

§43.22 of the Texas Penal Code prohibits the intentional or knowing display of an obscene photograph, drawing, or visual representation while being reckless about whether a person is present who will be offended or alarmed by the display.

§43.24 of the Texas Penal Code prohibits the display of harmful material, defined in the law similarly to indecent material under federal law if the displayer is reckless about whether a minor is present who will be offended or alarmed by the display.

Chapter 33 of the Texas Penal Code prohibits various crimes involving the use of computers.

Prohibited Activities

• The following activities are prohibited when using the Library’s computers and Internet resources. Violation of any of these may lead to the suspension from using the Library’s computers and Internet resources.
• Any illegal or criminal purpose, including, but not limited to activity covered by the Texas Computer Crime Statute V.T.C.A. § Penal Code 33 et seq
• Engaging in any activity which facilitates sending, receiving, or displaying inappropriate materials to a minor ▪ Modifying or gaining access to files, passwords, or data belonging to others
• Seeking unauthorized access to any computer system
• Harassment of others
• Engaging in any activity that is deliberately and maliciously offensive, libelous, or slanderous
• Engaging in any activity which facilitates sending, receiving, or displaying inappropriate materials to a minor
• Destroying or damaging equipment, software, or data belonging to the Library or other users
• Violation of copyright laws or software licensing agreements
• Misuse or abuse directed toward library staff, patrons, materials, or equipment
• Conducting a business from Library computers

Responsibility and Authority

The Library reserves the right to terminate an Internet session at any time. Failure to comply with this policy or misuse of the Library’s networks or computers may result in the loss of computer access privileges, potential loss of library privileges, and possible criminal prosecution. The Library Director has the authority to establish procedures for the use of computers and Internet resources as necessary to ensure fair and equitable access.

The Waco-McLennan County Library provides space on its public bulletin boards for announcements and notices of community events and in its display racks to distribute free materials that may be of interest to library patrons. Staff will adhere to this policy in making decisions about the placement of materials.

• Items will be posted or made available subject to space on an equitable basis, regardless of the beliefs or affiliations of the individuals or groups represented. 
• The Library Director or designated staff must approve all notices, posters, and free literature. 
• In assigning space, preference is given to promoting and displaying events, activities, and services of the Waco-McLennan County Library and the City of Waco.
• Staff may discard items not approved for placement or excess copies of any items received. The Library is not responsible for the loss or defacement of materials posted or left for distribution.
• Because display space is limited, posters or notices larger than 11 x 14 may not be posted. ▪ Items related to a commercial profit-making business are not allowed. 
• Personal notices or communications are not allowed.
• Political campaign literature and legislative lobbying material are not allowed.
• Posters or materials proselytizing for a specific religious sect or affiliation are not allowed.
• Posting a notice or placement of materials does not imply endorsement of the activity or sponsoring organization by the Waco-McLennan County Library, Waco- McLennan County Library Commission, the City of Waco, or McLennan County.

The Library Director has the authority to establish such guidelines and procedures as necessary to ensure fair and equitable service within the constraints of budget and staffing

The Waco-McLennan County Library allows service animals, as defined by the Americans with Disabilities Act (ADA), to accompany people with disabilities in all areas of the library where members of the public are typically allowed to go.

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, or performing other duties.

Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

Service animals must be under the control of their handler. Under the ADA, service animals must be harnessed, leashed, or tethered unless the individual’s disability prevents using these devices or these devices interfere with the service animal’s safe, effective performance of tasks. If the service dog cannot be leashed or harnessed, it must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). Owners of the service dog are solely responsible for the supervision and care of the service dog. Therefore, owners must keep the service dog directly with them at all times. Staff are not required to provide care for or supervision of a service animal.

A person with a disability cannot be asked to remove his service animal from the premises unless (1) the dog is out of control, and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.

Animal Endangerment

The Library does not condone leaving non-service animals outside the Library in a way that may endanger the animal or Library patrons. The Library reserves the right to contact the police regarding any unattended animals on its premises. Exceptions for

Library Offerings

Pending approval by the Director or their designee, the Library may have animals in the building as part of its educational and recreational offerings

References Americans with Disabilities Act (ADA) of 1990, Title II, Section 35.136 (Revised September 15, 2010); Beginning on March 5, 2011, only dogs are recognized as service animals under Titles II and III of the ADA.