Rules of Behavior

Approved by the Board of Library Trustees July 22, 2020

 

NOTICE OF FINAL RULEMAKING

The District of Columbia Public Library Board of Trustees, pursuant to the authority set forth in An Act to establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Repl.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; D.C. Official Code § 39-105 (2012 Repl.)); hereby gives notice of its intent to amend Chapter 8 (Public Library) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

The amended rules will uphold the District of Columbia Public Library (DCPL) policy to provide and maintain a safe and secure environment in which every customer can obtain equitable access to information, expanded opportunities and an increased quality of life. The guidelines will act as rules of conduct for library customers, in order to deter and /or minimize the effect of unacceptable behavior, by defining such behavior so that individuals may conduct themselves in a manner consistent with the purpose and functions of DCPL.

The Board of Trustees has appointed the Chief Librarian/Executive Director, through D.C. Official Code § 39-105(a)(10) (2012 Repl.), to establish rules and manage the day-to-day operations of the library. On July 22, 2020, the Board of Trustees approved the proposed new amendment(s) to replace the current DCPL regulations regarding behavior rules governing the use of the District of Columbia Public Library. The Notice of Proposed Rulemaking was published in the DC Register on August 14, 2020 at 67 DCR 34. The rules shall become effective on ________.

 

Chapter 8, PUBLIC LIBRARY, of Title 19 DCMR, AMUSEMENTS, PARKS, AND RECREATION, is amended as follows:

Subsections 810.1 through 810.4 of Section 810, BEHAVIOR RULES GOVERNING THE USE OF THE DISTRICT OF COLUMBIA PUBLIC LIBRARY, are amended to read as follows:

810.1 INTRODUCTION

The District of Columbia Public Library’s (DCPL) behavior rules have three primary purposes: (1) to protect the rights and safety of all library customers, (2) to protect the rights and safety of staff members and (3) to protect the library’s materials, facilities and property. The DCPL supports the right of all customers to free and equal access to information and use of the library without discrimination, intimidation, threat of harm or invasion of privacy. DCPL is dedicated to providing friendly, courteous and respectful service and an enjoyable, clean and comfortable environment for all customers. DCPL reserves the right to inspect a customer’s belongings including purses, backpacks, bags, parcels, shopping bags, briefcases and other items to prevent unauthorized removal of library materials and equipment or for the health and safety of library staff and customers. The Board of Library Trustees grants the Executive Director the authority to amend guidelines, regulations, policies and procedures during a State of Emergency or Public Health Emergency declared by the Mayor or when necessary to protect the health, safety and welfare of employees or the public.

 

810.2 DEFINITIONS AND SCOPE

These behavior rules apply to all buildings and all grounds controlled and operated by DCPL (buildings and grounds are also known as “the premises”) and to all customers entering in or on the premises. Listed below are the library’s behavior rules. Customers who violate these rules may be removed from the premises and excluded from all library premises for the period of time listed below, by authority of the D.C. Public Library.

 

810.3 ENFORCEMENT

Library staff, Library Police, and/or Metropolitan Police Department (MPD) officers may intervene to stop prohibited activities and behaviors. A violation of law may result in arrest and prosecution. Failure to comply with these rules may result in issuance of a Notice of Barring from Library property for a period of one day to five years. If a Notice of Barring is issued, it applies to all DCPL locations and includes the suspension of DCPL privileges, including but not limited to the use of DCPL computers and other equipment. If barred, customers may have their photographs or video captured by D.C. Public Library staff to enforce the bar.

 

810.4 ADMINISTRATIVE REVIEW OF NOTICES OF BARRING

(a) An individual who receives a Notice of Barring may request an administrative review if the bar is greater than seven (7) days. This request must be made within ten (10) business days of the date on the barring notice and submitted in writing to: Director of Public Safety, Martin Luther King Jr. Memorial Library, 901 G Street NW, Washington, DC 20001.

(b) The Executive Director or designee will issue a final decision on the administrative review of the bar within thirty (30) calendar days. The barred individual may appeal the final decision to the District of Columbia Superior Court’s Civil Division within thirty (30) days of the date of the notice of final decision.

 

810.5 REASONABLE ACCOMMODATION

Library customers who wish to request a reasonable modification of these Guidelines because of a disability or health problem may contact Library staff or may call the ADA Coordinator at 202-727-1101.

 

810.6 BEHAVIOR RULES

For the safety and comfort of the public and staff, and to create an environment that is favorable to library operations, the following rules and consequences apply. These activities are prohibited on library premises:

(a) Category One Rules and Consequences: Any customer, aged nine (9) and older, who violates category one rules while on library premises will be restricted from the premises until the problem is corrected. Subsequent offenses by that customer will result in that person’s immediate removal and restriction from all DCPL premises as follows:

Age	Initial	2nd Violation (within 30 days)	3rd Violation (within 30 days)	4th Violation (within 30 days)
+9	Leave library until problem corrected	1 week	1 month	3 months
0-8	Warning and referral to caregiver

 

(1) Being on DCPL premises with bare feet or a bare chest; shirts and footwear are required at all times.

(2) Being under the obvious influence of any controlled substance or intoxicating beverage.

(3) Bringing in bags in excess of 9ʺ L x 14ʺ W x 22ʺ H. Customers are permitted to bring in two bags per person, but each bag must be smaller than 9ʺ L x 14ʺ W x 22ʺ H. Items must fit easily into a measuring box of the above dimensions. Infested personal items are also prohibited. If a customer is attending a private event, bag(s) may exceed the size restrictions because host(s) is expected to provide coat and bag check service.

(4) Any customer with an odor that can be detected by a reasonable person from six (6) feet away and/or disturbs other library users.

(5) Consuming food or drink that creates a nuisance or disrupts library use because of odor, garbage or spills. Non-alcoholic beverages in covered containers and food are only allowed in designated areas.

(6) Lying down, sleeping, or the appearance of sleeping on the premises. Sitting customers must use library-provided seating (chair, couch, etc.). Customers may not sit on the floor, sidewalk, etc. unless approved by a library staff member and may not block aisles, exits, pathways, or entrances.

(7) Using personal electronics without headphones or at a volume that disturbs others.

 

(b) Category Two Rules and Consequences: Any customer who violates category two rules while on library premises will be given a warning that shall remain on the customer’s record for six (6) months. Subsequent offenses within a six (6) month time frame by that customer will result in that person’s immediate removal and barring from all D.C. Public Library premises as follows:

Age	Initial	2nd Violation (within 6 months)	3rd Violation (within 6 months)	4th Violation (within 6 months)
18+	warning	3 months	6 months	1 year
13-17	warning	1 month	3 months	6 months
9-12	warning	1 week	2 weeks	1 month
0-8	Warning, referral to caregiver and/or Library Police or MPD

 

(1) Soliciting, petitioning, or distributing written materials or canvassing for political, charitable or religious purposes on the premises.

(2) Using someone else’s library card to obtain library services, including public computer use, is prohibited. Each customer must use their own library card and these cards are non-transferrable; loaning your library card to another person is prohibited. Library cards used in violation of this rule will be blocked after a warning.

(3) Placing items or personal belongings on or against buildings, furniture, equipment or fixtures in a manner that interferes with library staff or customer use of the library, or leaving personal belongings unattended.

(4) Bringing bicycles, or other similar items inside library buildings, including, but not limited to, vestibules or covered doorways. Operating bicycles or other similar items in a reckless or inattentive manner on library premises.

(5) Operating roller skates, skateboards, hoverboards, or other similar items in, or on, library premises.

(6) Bringing animals inside library buildings (with the exception of service animals), except as allowed at a library- approved event, or leaving an animal tethered and unattended on library premises.

(7) Improperly using library restrooms, including, but not limited to, bathing, shaving, washing hair, and exceeding more than one person in a restroom stall (unless accompanying children or adults in need of assistance).

(8) Leaving one or more children eight (8) years old or under, who reasonably appear to be unsupervised or unattended, anywhere in or on library premises. [Please see Unattended Children Policy]

(9) Customers thirteen (13) years of age and older are prohibited from using the children’s area, unless accompanying a child twelve (12) years old or younger or selecting an item from the collection.

(10) Customers twenty (20) years of age and older and children twelve (12) years of age and younger are prohibited from using the teen area unless accompanying a teen aged thirteen (13) to nineteen (19) or selecting an item from the collection.

(11) Customers thirteen (13) years of age and older are prohibited from using any restroom designated for children. Children’s restrooms are for the sole use of children twelve (12) years old or younger, and their caregivers.

(12) Customers under the age of eighteen (18) who are on library property during regular school hours must provide verification of excused absence from school upon request from library staff.

(13) Leaving mess, garbage or spills or creating mess, garbage or spills that disrupts or interferes with library use.

 

(c) Category Three Rules and Consequences: Any customer who violates category three rules while on library premises may first be informed of library rules.

Age	Initial	2nd Violation (within 1 year)	3rd Violation (within 1 year)	4th Violation (within 1 year)
18+	1 month	3 months	1 year	2 years
13-17	1 week	1 month	6 months	1 year
9-12	rest of day	1 week	1 month	3 months
0-8	Warning, referral to caregiver and/or Library Police or MPD

 

Subsequent offenses by that customer within one year will result in that person’s immediate removal and restriction from all DCPL premises as follows:

(1) Engaging in conduct that disrupts or interferes with the normal operation of the library, or disturbs library staff or customers, including but not limited to, the use of abusive or threatening language or gestures, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior or talking. This includes all forms of harassment, including sexual harassment. Some infractions may be moved to Category Four if deemed necessary.

(2) Engaging in bullying as defined by the Youth Bullying Prevention Act of 2012, effective September 14, 2012 (D.C. Law 19-167; 59 DCR 7820 (June 29, 2012)).

(3) Misuse of any library property in a destructive, abusive or potentially damaging manner; or in a manner likely to cause personal injury to themselves or others.

(4) Failure to comply with the reasonable direction of a library staff member or law enforcement officer.

(5) Smoking or other use of tobacco products, including electronic cigarettes, in the library or on library property.

(6) Violating the library’s Computer Use Guidelines.

(7) Entering or attempting to enter DCPL premises while barred (i.e., trespassing). Customers or persons returning to DCPL premises during a period of barring may be arrested and prosecuted for unlawful entry pursuant to D.C. Official Code § 22-3302 (2012 Repl.).

(8) Possessing, selling, distributing, or consuming any alcoholic beverage, except as allowed at a library approved event.

 

(d) Category Four Rules and Consequences: Any customer who violates category four rules while on library premises will be immediately removed and restricted from all DCPL premises as follows:

Age.	Each Incident
18+	1-5 years, based on severity, and the incident will be reported to the appropriate law enforcement agency.
13-17	3 months to 1 year, based on severity, and the incident will be reported to the appropriate law enforcement agency.
9-12	1-6 months, based on severity, and the incident will be reported to the appropriate law enforcement agency.
0-8	Warning, referral to caregiver and/or Library Police or MPD.

 

(1) Committing, or attempting to commit, any activity that would constitute a violation of any Federal or District of Columbia criminal statute, ordinance, code, or law.

(2) Directing a specific threat of physical harm against an individual, group of individuals, or property.

(3) Engaging in sexual conduct/activity, including, but not limited to, the physical manipulation or touching of sex organs through clothing in an act of apparent sexual stimulation or gratification.