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No Trespass Policy

Overview

Individuals who violate our Rules and Regulations Policy may be denied access to both libraries and their grounds through the issuance of a written No-Trespass Order. No-Trespass Orders (“NTOs”) are issued and administered in accordance with RSA 635:2-a.

Any person who is not engaging in one or more activities for which the libraries are operated, as stated in our Rules and Regulations Policy, or who acts in a way that unreasonably interferes with the ability of others to engage in library activities, will be informed of the applicable regulation(s) and how to comply with them. If, after such a warning (which can be verbal or written), the person does not comply, they shall be subject to removal from the building and/or issuance of an Emergency NTO as described below.

For purposes of RSA 635:2-a, the “governing body” responsible for library property is the Library Board of Trustees (“Board” or “Board of Trustees”). The Board will designate the Library Director or Deputy Library Director to act as the Board’s designee for the limited purpose of issuing an Emergency NTO. Only the Board of Trustees may approve the continuation of an NTO beyond the emergency period, hold a hearing, or issue a final written decision.

Issuance of NTOs

The Library Director or Deputy Library Director may issue an Emergency NTO directing a person to leave or not enter specified library property when immediate action is reasonably necessary to protect public safety, prevent substantial disruption of library operations, or prevent damage to library property. An Emergency NTO is effective immediately and automatically expires no later than 35 days after issuance, unless the Board of Trustees votes to continue it.

If the Board seeks to continue an NTO beyond the initial 35-day emergency period, the Board must approve the continuation by at least a majority vote, taken by roll call, at a duly noticed public meeting; or, if the individual subject to the NTO requests it and it is permitted under RSA 91-A, in non-public session.

Each NTO must be in writing and specify:

  • The reason for the Notice
  • A description of the specific behavior(s) leading to the Notice
  • The specific property to which the order applies and duration of the prohibition
  • The potential consequences of the violation of the prohibition
  • A statement of the right to request a hearing and instructions on how to do so, and a statement of the right to appeal an adverse decision to superior court, both described below
  • The date and time of issuance, and, for an Emergency NTO, the date and time the order expires
  • For an Emergency NTO, a brief statement of the factual basis for the emergency issuance

The scope, duration, and other stipulations of the NTOs must be proportional to the underlying misconduct. NTOs can be in effect for a period of time ranging from one month to one year.

NTOs will be sent via certified mail, or will be delivered by the Lebanon Police Department. Individuals may be issued a NTO in person at the library. Library staff must have a police officer present when issuing a NTO in person.

Copies of all NTOs will be provided to the Chief of Police, and will be made available to Library staff. Library staff will be notified of the name and length of time that a patron is trespassed whenever a NTO is issued.

Right to a Hearing

An individual issued an NTO has the right to a hearing upon written request submitted to the Library Board of Trustees with a copy to the Library Director no later than 10 days from the date the order was issued (Emergency NTO) or approved (continued NTO). The Board of Trustees will hold the hearing at its next regularly scheduled meeting. If a hearing is not held within this timeframe, the NTO is automatically vacated, unless the delay is attributable to the individual who requested the hearing.

Appeal Decision

The Library Board of Trustees will review the appeal at a regularly scheduled meeting, or one convened for this purpose. Following the hearing, the Board will issue a written decision stating whether the NTO is 1) rescinded, 2) modified (e.g., granting access to specific locations at specific times), or 3) continued for a defined period not to exceed one year from the original date of issuance.

Appeal to Superior Court

An individual subject to an NTO may appeal the Board’s final written decision to the Grafton County Superior Court. Any appeal must be filed within 30 days of the date of the Board’s written decision. This right exists independently of, and in addition to, the hearing process described above.

Disclosure to Affected Parties

In all cases, the aggrieved party will be notified of the written decision of the Board regarding their consideration of the hearing by email, mail, or hand-delivered. If the original NTO is rescinded or modified, the Library staff will be notified of the Board's decision.

Transition — Review of Existing NTOs

Any NTO issued under this library’s prior policy and still in effect as of October 18, 2026 must be reviewed by the Board of Trustees and either reissued in a manner that complies with this policy or rescinded, within 90 days of that date (i.e., by approximately January 16, 2027). Any existing NTO not acted upon by the Board within that 90-day window automatically becomes void by operation of law.

Reporting a Potential Violation of a NTO

Library staff should contact the Lebanon Police Department if they believe that an individual is present in the library or on its grounds in violation of a No-Trespass Notice.

Consequences of Violation of a NTO

All persons who violate NTOs may face prosecution for unlawful trespass under New Hampshire criminal and civil law. Because RSA 635:2-a is newly enacted, staff should coordinate with the Lebanon Police Department and, as needed, town/library counsel to confirm the applicable enforcement procedure for violations of an NTO issued under this section.

Adopted by the Board of Trustees: October 22, 2019

Revised: April 26, 2022, September 26, 2023, September 23, 2026