eThekwini
South Africa
South Africa
Libraries By-law, 2015
- Published in KwaZulu-Natal Provincial Gazette 1494 on 17 September 2015
- Assented to on 24 June 2015
- Commenced on 17 March 2016
- [This is the version of this document from 17 September 2015.]
Preamble
WHEREAS the Municipality recognises the contribution that libraries make to encouraging reading and the key role that libraries play in education and research;WHEREAS the Municipality has competence in terms of Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996, to control local amenities;AND WHEREAS the eThekwini Municipality has competence, in terms of section 156(2) of the Constitution of the Republic of South Africa, 1996, to make and administer By-laws for the effective administration of the matters which it has the right to administer;NOW THEREFORE the eThekwini municipal council, acting in terms of section 156 read with Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:Chapter 1
Interpretation
1. Definitions
In this By-law, unless the context indicates otherwise β"adult" means a person who is 18 years old or older;"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to β(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"borrower" means a member, temporary member or visitor who borrows library material from a library;"branch library" means any library which is designated by the Municipality as a branch of the central library;"central library" means the library which is designated by the Municipality as its main library;"child" means a person below the age of 13 years;"council" means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution of the Republic of South Africa, 1996;"cyber zone" means a section of a library where computers and other electronic devices are made available to users for the purpose of accessing β(a)library material in digital format;(b)multi-media items; and(c)the Internet;"disabled, blind and visually impaired section" means a section of a library set aside for library materials intended for those who are disabled, blind or visually impaired;"e-book" means content, whether in the form of text, images or otherwise, which is made available in digital format and is readable on a computer or another electronic device;"educational toy" means a toy which is typically designed for and used by children, and is intended to teach a child about a particular topic or help a child to learn a particular skill;"facility" means any facility made available to users at a library and includes any β(a)reference section;(b)reading room;(c)study section;(d)special collection;(e)periodicals section;(f)cyber zone;(g)printing and copying section;(h)general activities room;(i)blind and visually impaired section;(j)auditoria;(k)video or conferencing rooms; and(l)any other space or facility set aside by the librarian within a library;"general activities room" means a section of the library made available to users for hire;"librarian" means the person designated by the Municipality as being in charge of the central library or a branch library, as the case may be;"library" means a place where a collection of library materials are maintained and made available to the public by the Municipality, and includes the central library and any branch library;"library material" means any item made available to users at a library and includes any β(a)book;(b)e-book;(c)periodical;(d)photograph;(e)film;(f)music or other recording;(g)art reproduction;(h)multi-media item;(i)educational toy;(j)microfiche;(k)microfilm;(l)barcode label;(m)date sheet;(n)property label;(o)loss control tag;(p)tablet;(q)eReader;(r)laptop;(s)daisy reader;(t)printer;(u)scanner with a built in reader for the visually impaired; or(v)any library equipment;"member" means a person who is registered as a member of a library in terms of this By-law;"multi-media item" means any library material which combines different media or formats including, but not limited to, text, audio, images, animation, video and interactive features;"Municipality" means the eThekwini Municipality, a category A Municipality as envisaged in terms of section 155(1) of the Constitution of the Republic of South Africa, 1996, and established in terms of Provincial Notice No. 43 of 2000 (KZN);"Municipal Manager" means a person appointed in terms of section 54A of the Municipal Systems Act;"periodical" means any newspaper, magazine or other item published on a periodic basis;"periodicals section" means a section of a library where periodicals are made available for reading or borrowing;"prescribed" means as determined by resolution of the council;"printing and copying section" means a section of the library where users may print, scan or copy library materials or other materials;"reference section" means a section of a library where library materials are made available for reading or study, but not for lending;"special collection" means a section of a library where library materials are kept which cannot be made available to users without restriction, whether by reason of their value, rarity, fragility or otherwise;"study section" means a section of a library set aside for users for the purposes of studying;"temporary member" means a person who has applied for membership of a library, but who has not yet been granted membership of that library and who wishes to borrow library materials from the library on a temporary basis pending the approval of his or her membership;"user" means any person who uses a library, including a person who is a member of that library;"visitor" means a person who does not permanently reside within the Municipalityβs jurisdiction, but who is visiting the area and wishes to borrow library materials from a library on a temporary basis; and"young adult" means a person between the ages of 13 and 18 years old;2. Interpretation of By-law
If there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.3. Object of By-law
The object of this By-law is to facilitate the provision of library services in a manner which promotes β4. Application of By-law
This By-law applies to all areas which fall under the jurisdiction of the Municipality and is binding on all persons to the extent applicable.Chapter 2
Operation of libraries
5. Functions and powers of librarians
6. Library opening hours
7. Access to libraries
8. Order to leave library
Any person who contravenes any provision of this By-law or any policy adopted by the council may, in addition to any fine which may be imposed, be ordered to leave a library by the librarian or by any other authorised official.9. Stocking of libraries
Chapter 3
Members and visitors
10. Membership
11. Scope of membership
A person is β12. Period of membership
13. Temporary membership
14. Change of contact details
A member must give written notice to the library of any change in his or herβ15. Suspension of membership
16. Termination of membership by member
A member may terminate his or her membership of a library by β17. Termination of membership by Municipality
A memberβs membership of a library may be terminated by the librarian if the member β18. Effect of termination of membership
Despite the termination of a memberβs membership β19. Visitors
Chapter 4
Borrowing library material
20. Library cards
21. Issuing of library material
22. Borrowing rights
23. Reservation of library material
24. Loan of library material from other libraries
Chapter 5
Returning library material
25. Returning library material
26. After hours collection boxes
27. Renewal of library material
28. Overdue library material
Chapter 6
Facilities
29. Facilities at libraries
30. Reference sections
31. Reading rooms
32. Study sections
33. Special collections
34. Periodicals sections
35. Cyber zones
36. General activities room
37. Printing and copying sections
38. Disabled, blind and visually impaired sections
39. Copyright and other intellectual property rights
A user may not, when making use of a library or any facility at a library, contravene the provisions of the Copyright Act, 1978 (Act No. 98 of 1978) or any other law relating to copyright or intellectual property right.40. Private areas
A librarian may exclude users from any part of a library which is designated as being accessible to staff of the library only.41. E-books
Chapter 7
Conduct
42. Conduct in library
A person may notβ43. Care of library material
Chapter 8
Miscellaneous provisions
44. Offences and penalties
45. Presumptions
Unless the contrary is proved, it is presumed that any library material β46. Delegations
47. Appeals
48. Repeal of laws and savings
49. Short title and commencement
This By-law is called the eThekwini Libraries By-law, 2015 and takes effect six months from the date of publication thereof in the Provincial Gazette or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.History of this document
17 March 2016
Commenced
17 September 2015 this version
Published in KwaZulu-Natal Provincial Gazette 1494
24 June 2015
Assented to