Discuss, consider, and act upon the first reading of Ordinance 2026-15, amending Ordinance 432 prohibiting the removal and destruction of library materials.
Staff recommends either approval of Ordinance 2026-15 or outright repeal of Ordinance 432 at Council discretion.
Ordinance 432 was adopted by the Sunnyvale Town Council on June 12, 2006, and is currently established in the Town's code as §10.03.003. The ordinance was established to provide the library with a mechanism to charge individuals responsible for the unauthorized removal or destruction of library materials with a misdemeanor and impose a fine of not more than $200.00 for each offense. Ordinances with similar content exist in many municipal codes, and were generally designed with the intent to minimize theft and damage to library resources.
This ordinance is arguably redundant in multiple ways; the Doris Padgett Public Library's circulation policies cover the violations in the ordinance by charging patrons replacement and processing fees for lost, stolen or damaged library materials. The acts described in the ordinance are also offenses covered by the Texas Penal Code, specifically those sections covering theft (§31.03) and damage or destruction of property (§28.04), allowing the Sunnyvale Police Department to charge offenders should it be deemed necessary. The Texas Penal Code also applies to all individuals, which covers the possibility that the offender does not have a library card.
To date, the Sunnyvale Police Department has never enforced §10.03.003, nor has Code Compliance issued any citation related to it. (At the time of passage, the Dallas County Sheriff's office was responsible for law enforcement in Sunnyvale.) Other municipalities with similar codes have similar experiences; they are very rarely enforced, and enforcement when it does occur is often a point of controversy. Some legal scholars have noted that ordinances like this can often be used punitively to create additional charges upon offenders, at times in a way that could be interpreted as discriminatory.
As the wording of the ordinance obligates the Town to enforce these misdemeanors,the Library and administration of the Town view the current wording of Ordinance 432 as potentially problematic should it remain on the books. The Doris Padgett Public Library also intends to end the charging of overdue fines at the library; should such a change be approved, Ordinance 432 as written interferes with the library's intended policies regarding overdue materials. As such, Ordinance 2026-15 was drafted to revise Ordinance 432 to retain these sections as tools to punish legitimate criminal activity while providing protections for well-meaning patrons. To summarize, passage of Ordinance 2026-15 will:
- Make the enforcement of §10.03.003 discretionary. Library, Police Department, and/or Code Enforcement would still be able to enforce §10.03.003 to curb offenders if so desired, but would not be obligated to do so.
- Adding an affirmative defense to the charges as part of the ordinance. Patrons who pay replacement costs and processing fees in accordance with library policies could use such payments as an affirmative defense against the misdemeanor, which would curb any potential for abuse.
Library Recommendation
The Sunnyvale Library Board reviewed and discussed the text of the proposed ordinance at their regular meeting on September 15, 2026. During the meeting, the Library Board raised concerns with the ability of even these revised charges to be enforced, and about the role these changes would require of library staff in the enforcement process. As such, the Sunnyvale Library Board unanimously declined to recommend passage of the ordinance, instead unanimously recommending that Ordinance 432 be fully repealed. The Doris Padgett Public Library believes either approach will have the desired effect, and encourages the Town Council to utilize its discretion in deciding between revision or repeal.
As both the Sunnyvale Police Department and Code Compliance have stated that §10.03.003 is unlikely to be enforced, neither revision or repeal of Ordinance 432 is likely to have a financial impact on the Town.