eThekwini Libraries By-law, 2015
Commences on 17 March 2016 unless otherwise noted
1. DefinitionsIn this By-law, unless the context indicates otherwise – "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 – (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 – (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 – (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 – (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 Municipality’s 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-lawIf 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-lawThe object of this By-law is to facilitate the provision of library services in a manner which promotes – (a) access to books and information for the purposes of education, entertainment and research; (b) reading as an activity; and (c) the operation of libraries in a manner which ensures their sustainability.
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the Municipality and is binding on all persons to the extent applicable.
Operation of libraries
5. Functions and powers of librarians
6. Library opening hours
7. Access to libraries
8. Order to leave libraryAny 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
Members and visitors
11. Scope of membershipA person is – (a) a member of the library to which he or she has made application for membership; (b) not entitled to be a member of more than one library operated by the Municipality; (c) in respect of the library of which he or she is a member, allocated membership of one of the following: (i) the adult library, if he or she is an adult; (ii) the young adult library, if he or she is a young adult; or (iii) the junior library, if he or she is a child.
12. Period of membership
13. Temporary membership
14. Change of contact detailsA member must give written notice to the library of any change in his or her– (a) address or place of residence; (b) landline or cell phone numbers; (c) name; or (d) email address, within seven days of the change taking effect.
15. Suspension of membership
16. Termination of membership by memberA member may terminate his or her membership of a library by – (a) giving written notice to this effect to the librarian; and (b) returning his or her library card and any other library material in his or her possession to the library.
17. Termination of membership by MunicipalityA member’s membership of a library may be terminated by the librarian if the member – (a) contravenes a provision of – (i) this By-law; or (ii) any policy adopted by council, on three or more occasions; (b) no longer qualifies for membership in accordance with this By-law; (c) fails to apply for the renewal of his or her membership; (d) fails to collect his or her library card within the period prescribed by the Municipality; or (e) fails, following the suspension of his or her membership, to pay any fines or other monies due to the library within a further period prescribed by the Municipality.
18. Effect of termination of membershipDespite the termination of a member’s membership – (a) any fines or other monies due by the member to the library remain due and payable by the member to the Municipality; and (b) the member remains obliged to immediately return his or her library card and any other library material in his or her possession to the library.
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
Returning library material
25. Returning library material
26. After hours collection boxes
27. Renewal of library material
28. Overdue library material
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 rightsA 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 areasA librarian may exclude users from any part of a library which is designated as being accessible to staff of the library only.
42. Conduct in libraryA person may not– (a) engage in audible conversation in a library, read aloud, sing, whistle or otherwise create a noise which may disturb any other user; (b) sleep or behave in a disorderly manner in any part of the library; (c) disturb any other users in their use of the library; (d) eat or drink in a library, unless in an area specifically designated for that purpose; (e) bring any animal into a library, unless the animal is− (i) a guide dog for the blind; or (ii) participating in a library programme which relates to animals and the librarian’s permission has been obtained; (f) bring any weapon into a library; (g) enter a library while inappropriately dressed in such a manner which may cause a nuisance or disturbance to other users; (h) enter a library while under the influence of alcohol or any narcotic substances; (i) contravene any reasonable instruction given by a librarian; (j) enter a library when he or she has been ordered to leave the library by the librarian and he or she has not obtained the librarian’s permission to return; (k) damage any part of a library building, its surroundings or any library material or equipment; (l) use a library or facility at a library to invade the privacy of or to threaten, harass or defame other persons; or (m) contravene any provision of this By-law or any policy adopted by council.
43. Care of library material
44. Offences and penalties
45. PresumptionsUnless the contrary is proved, it is presumed that any library material – (a) lent to a borrower was lent in good condition; and (b) which is stamped with the Municipality’s official stamp is the property of the Municipality, unless library material is stamped as having been donated or otherwise discarded by the Municipality.
48. Repeal of laws and savings
49. Short title and commencementThis 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.
|Number and year of law||Title||Extent of repeal|
|Provincial Notice No. 121 of 1978||By-laws relating to the Public Library, Hillcrest||Whole|
|Provincial Notice No. 586 of 1978||By-laws relating to the Public Library, Kloof||Whole|
|Provincial Notice No. 448 of 1981||Hire of the Library General Activities Room, New Germany||Whole|
|Provincial Notice No. 262 of 1964||Queensburgh Public Library: Library By-laws||Whole|
|Provincial Notice No. 117 of 1978||Library Regulations||Whole|
|Provincial Notice No. 164 of 1989||Library By-laws: City of Durban||Whole|
|Provincial Notice No. 120 of 1978 and inserted into Provincial Notice No. 7 of 1953 has been adopted by the Borough of Amanzimtoti by Provincial Notice No. 653 of 1978||Library By-laws, Amanzimtoti||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 120 of 1978 has been adopted by the Borough of Isipingo by Provincial Notice No. 343 of 1979||Library By-laws, Isipingo||Whole|
|Provincial Notice No. 120 of 1978 and inserted into Provincial Notice No. 87 of 1953 has been adopted by the Borough of Kingsburgh by Provincial Notice No. 51 of 1979||Library By-laws, Kingsburgh||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 2461 of 1953 has been adopted by the Borough of Mount Edgecombe by Provincial Notice No. 120 of 1978||Library By-laws, Mount Edgecombe||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 120 of 1978 has been adopted by the Township of New Germany by Provincial Notice No. 619 of 1978||Library By-laws, New Germany||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 120 of 1978 as amended by Provincial Notice No. 150 of 1985 has been adopted by the Borough of Queensburgh by Provincial Notice No. 246 of 1986||Library By-laws, Queensburgh||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 120 of 1978 has been adopted by the Borough of Tongaat by Provincial Notice No. 60 of 1978||Library By-laws, Tongaat||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 120 of 1978 has been adopted by the Borough of Umhlanga Rocks by Provincial Notice No. 680 of 1978||Library By-laws, Umhlanga Rocks||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 120 of 1978 has been adopted by the Township of Verulam by Provincial Notice No. 109 of 1979||Library By-laws, Verulam||Whole|
|Provincial Notice No. 87 of 1953 and inserted into Provincial Notice No. 120 of 1978 has been adopted by the Borough of Westville by Provincial Notice No. 265 of 1982||Library By-laws, Westville||whole|