[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-14-1993 by Ord. No. 93-19]
The purpose of this article is to make it a
crime to intentionally take, carry away, conceal or to retain possession
of library materials without the consent of a library official or
agent of the library where the materials are held. This article further
gives any library official or agent having probable cause for believing
that an individual has violated this article the power to detain said
individual for a reasonable length of time and to deliver said individual
to a law enforcement agent.
As used in this article, the following terms
shall have the meanings indicated:
A place in which public or institutional records are systematically
preserved.
Any public or tribally owned library; library of an educational,
historical or eleemosynary institution, organization or society; archives;
or museum located within the external boundaries of the Menominee
Indian Reservation.
Includes any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, broadside,
manuscript, document, letter, public record, microform, sound recording,
audiovisual materials in any format, magnetic or other tapes, electronic
data processing records, artifacts or other documentary, written or
printed materials, regardless of physical form or characteristics,
belonging to or on loan to or otherwise in the custody of a library.
Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be penalized as provided in § 402-6.
The concealment of library material beyond the
last station for borrowing library material in a library is evidence
of intent to deprive the library of possession of the material. The
discovery of library material which has not been borrowed in accordance
with the library's procedures or taken with consent of a library official,
agent or employee and which is concealed upon the person or among
the belongings of the person or concealed by a person upon the person
or among the belongings of another is evidence of intentional concealment
on the part of the person so concealing the material.
Any official or adult employee or agent of a
library who has probable cause for believing that a person has violated
this article in his or her presence may detain the person in a reasonable
manner for a reasonable length of time to deliver the person to a
peace officer or to the person's parent or guardian in the case of
a minor. The detained person shall be promptly informed of the purpose
for the detention and be permitted to make phone calls but shall not
be interrogated or searched against his or her will before the arrival
of a peace officer who may conduct a lawful interrogation of the accused.
Compliance with this section entitles the official, agent or employee
effecting detention to the same defense in any action as is available
to a peace officer making an arrest in the line of duty.
Anyone who is found to have violated this article
may be sentenced to a jail term not to exceed one year and/or be fined
in an amount not to exceed $5,000. The Court may, in addition to the
above penalties, require that restitution be made for any damage to
or loss of library materials.
