Unlawful Library Acts.
Milwaukee Code of Ordinances § 106-21
in effect106-21. Unlawful Library Acts.
1. DEFINITIONS. In this section:
a. "Library" means any city of Milwaukee public library.
b. "Library material" 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, on loan to or otherwise in the custody of a library.
c. "Value" means the reasonable replacement cost of an item as determined by library policy.
d. “Incident location” for purposes of this section shall be 814 West Wisconsin Avenue, Milwaukee, Wisconsin. e. “Library computer record” means any circulation, registration, catalog, image recording or any electronic record kept in the regular course of business by the library or its designee.
2. UNLAWFUL USE OF LIBRARY CARD. a. No person may:
a-1. Use, present or cause to be presented as valid any canceled, fictitious or fraudulently obtained, forged or altered library card.
a-2. Sell or lend his or her library card to any other person or knowingly permit the use thereof by another.
a-3. Represent as one's own, any library card not issued to him or her.
a-4. Permit any unlawful use of a library card issued to him or her.
b. Whenever a library card which belongs to another or appears to be altered or fraudulently obtained is displayed to a law enforcement officer or library employee or agent, that person shall take possession of the card and return it to the library.
3. FAILURE TO RETURN LIBRARY MATERIAL. a. After notice has been sent to the last known address, no person may fail to return overdue, borrowed library material.
b. Each individual item borrowed may constitute a separate violation of this section.
c. Refusal to accept or failure to receive an overdue notice mailed by first class mail to such person's last-known address shall not be a defense to a violation of this section. If the person has changed his or her address and fails to notify the Milwaukee public library as required, failure to receive the overdue notice shall not be a defense.
d. No person may fail to return, relinquish or produce library materials in his or her possession regardless of due date upon demand by a police officer, agent or employee of the library.
4. THEFT OF LIBRARY MATERIAL.
a. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material with a value of $500 or less 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 sub. 8-b.
b. The concealment of library material beyond the last station for borrowing library material in a library or possession of library material from which security tags or property identification markings have been removed 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.
c. An official or adult employee or agent of a library who has probable cause for believing that a person has violated this subsection 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 person. Compliance with this subsection entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
5. FRAUDULENT REGISTRATION AND USE OF LIBRARY MATERIALS. a. No person shall directly or indirectly make or cause to be made any false statement regarding the person's own identity or residence or the identity or residence of another person when the person knows his or her statement to be false and when the person intends that false statement to be relied upon for any person's registration for or use of library materials.
b. Evidence that a person has the intent required under par. a is shown by the person's doing any of the following:
b-1. Directly or indirectly giving false or misleading information on a library registration form in any manner.
b-2. Presenting false or fictitious credentials for the purpose of obtaining a library card or the use of library materials.
b-3. Using a library card that was obtained in violation of this subsection to check out library materials.
6. ALTERATION OF IDENTIFI-CATION MARKINGS. a. No person shall remove, alter or conceal all or any part of an identification mark, label, stamp, writing or attachment that identifies any item or material as the property of the library unless authorized library personnel has marked the item or material as "DISCARDED".
b. No person shall possess, transport, display for sale, sell, trade or retain for personal use any library item or material on which identification markings have been altered as prohibited under par. a.
c. No person shall possess, transport, display for sale, sell or trade a discard stamp or any other paraphernalia designed to alter identification markings on library materials.
7. ALTERATION OF COMPUTER RECORD. No person may alter a library computer record with the result that such alteration destroys, masks, alters or otherwise makes the record untrue or unreliable.
8. PENALTY. a. A person who violates subs. 2, 3, 5 or 6 may be required to forfeit no more than $1,000.
b. A person who violates subs. 4 and 7 may be required to forfeit not more than $1,500.
c. A person in default of a forfeiture under pars. a or b may be imprisoned in the county jail or house of correction for no more than 60 days, until such forfeiture costs are paid.
9. CITATIONS. a. Citations may be issued for all violations of this section with or without prior order or notice by a peace officer.
b. Citations may be issued by the library's investigator or other designated agent for any violation of subs. 2, 3, 5 or 6.
c. Citations issued for violation of sub. 3 shall, for administrative purposes, refer to the incident location defined in this section.
d. The stipulation, forfeiture and court procedure as set forth in s. 50-25 shall apply for any citation issued in accordance with this section.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH106.pdf#page=6Fetched: 10/26/2026