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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 Notice.

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, the person does not comply, they shall be subject to removal from the building and/ or restriction of Library privileges. Library staff may restrict any patron from the libraries for up to one month without a formal No-Trespass Notice.

Issuance of No-Trespass Notices by Library Staff

Any staff member can opt to request a “issuance of a no trespass” when they file an incident report. The Library Director and the Deputy Library Director will jointly render a decision regarding the issuance of the No-Trespass Notice within one month of the report's filing date. Staff can appeal the decision of whether to issue the No-Trespass Notice at any point. All appeals will be considered within a month from the appeal request.
Each No-Trespass Notice must be in writing and specify:

  • The reason for the Notice
  • A description of the specific behavior(s) leading to the Notice
  • The scope and duration of the prohibition
  • The potential consequences of the violation of the prohibition
  • The appeal avenue available, described below

The scope, duration, and other stipulations of the No-Trespass Notices must be proportional to the underlying misconduct. Individuals can be trespassed for a period of time ranging from one month to one year.

No-Trespass Notices will be sent via certified mail, or will be delivered by the Lebanon Police Department. Individuals may be issued a letter in person at the library. Library staff must have a police officer present when issuing a letter of trespass in person.

Copies of all No-Trespass Notices 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 letter is issued.

Staff and Patron Appeal Procedures

A No-Trespass Notice may be appealed by submitting an appeal in writing at any time while the Notice is in effect to the Library Director. The appeal will be sent to the Chair of the Board of Trustees, or another officer in their absence.

Consideration of Appeal

In the written appeal, the basis of appeal should be stated as precisely as possible. The following bases of appeal will be considered:

  • A compelling reason for needing access to the area from which one has been excluded. In the letter of appeal, the location and time of desired access and the reason for access should be included.
  • A clear abuse of discretion by the staff members who issued the No-Trespass Notice.
  • New information or evidence related to the incident or circumstances around the issuance of the No-Trespass Notice (e.g., resolution of criminal or judicial case).

Upon receipt of an appeal request, a member of the Library Board of Trustees, either the Chair or a board member designated by the Chair, will review the appeal, consulting as needed with library staff to verify the need for access to the library, alternate access that may be available, to gather additional information or advice, or to review the impact that an appeal may have on the other parties involved in the incident, and may also consult with the trespassed person. The appeal will be considered first and foremost in the context of the health, safety, and security of the patrons and staff at the libraries. For letters of trespass issued with a term of six months or less, the board member who reviews the appeal can determine if the appeal process should proceed to the entire board.

Appeal Decision

The Library Board of Trustees will review the appeal at a regularly scheduled meeting, or one convened for this purpose. Following a vote by the board, the Library Board Chair or designee will render a written decision regarding the appeal. The appeal decision may 1) uphold the No-Trespass Notice, 2) modify it (e.g., granting access to specific locations at specific times), or 3) vacate it.

Disclosure to Affected Parties

In all cases, the aggrieved party will be notified of the decision of the board regarding their consideration of the appeal by email, mail, or an alternate method they may choose. If the original No-Trespass Notice is vacated or modified, the Library staff will be notified of the appeal decision.

Reporting a Potential Violation of a No-Trespass Notice

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 No-Trespass Notice

All persons who violate No-Trespass Notices may face prosecution for unlawful trespass under New Hampshire criminal and civil law.

Adopted by the Board of Trustees: October 22, 2019
Revised: April 26, 2022, September 26, 2023