16564ORDINANCE NO. 16,564
AN ORDINANCE TO ESTABLISH A NOCTURNAL
CURFEW APPLICABLE TO MINORS; REGULATING
THEIR ACTIONS ON THE PUBLIC STREETS AND
OTHER PLACES; DEFINING THE DUTIES OF
PARENTS, GUARDIANS OR OTHER RESPONSIBLE
PERSON; PROVIDING FOR PENALTIES OF THIS
PROVISION; REPEALING THE EMERGENCY CURFEW
FOR MINORS ORDINANCE; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, it is the desire of the Board of Directors to take
all legislative actions possible to help protect the health and
welfare of the minor citizens of the City of Little Rock, and
other minors that visit the City; and
WHEREAS, it has come to the attention of the Board of
Directors that criminal offenses occur during nocturnal hours
that often involve minors either as perpetrators or as victims;
and
WHEREAS, the Board's serious reservations about the
constitutionality of such action have been greatly ameliorated
by the recent decision of the United States Court of Appeals for:,.,
the Fifth Circuit in City of Dallas v. Qutb, .F.2d (5th
Cir. 1993); and
WHEREAS, the Board no longer believes that the Emergency
Curfew for Minors Ordinance that is currently a part of this
Code, Little Rock, Ark., Rev. Code §§ 17.5 -21 to 17.5 -30 (1988),
sufficiently meets the public health and safety concerns the
Board has for minor citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Little Rock, Ark., Rev. Code §§ 17.5 -21 to
17.5 -30 (1988), otherwise known as the Emergency Curfew for
Minors Ordinance, is hereby repealed.
SECTION 2. SHORT TITLE. This ordinance shall be known as
the Minor Curfew Ordinance.
SECTION 3. FINDINGS AND PURPOSE. The Board of Directors of
the City of Little Rock finds that special circumstances exist
within the City that call for the special regulation of minors
within the City in order to protect them from each other and
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from other persons on the street during the nocturnal hours, to
1 aid in crime prevention, to promote parental supervision and
2 authority over minors and to decrease nocturnal crime rates.
3 SECTION 4. DEFINITIONS. For purposes of the Minor Curfew
4 Ordinance, the following terms, phrases, words and their
5 derivations shall have the meanings:
(a) "City" is the City of Little Rock,
6 Arkansas.
7 (b) °Emancipated minor" means a minor who
8 no longer has a parent -child relationship as a
9 result of marriage, or as a result of being
recognized as an adult by order of a court of
10 competent jurisdiction.
11 (c) "Legitimate parentally approved
12 errand", means a minor performing a necessary task
13 at the direction of the minor's parent, and that
14 the nonperformance of the errand, or delay of
performance until after curfew hours have abated,
15 would result in injury or undue hardship.
16 (d) "Minor" is any unemancipated or
17 unmarried person under the age of eighteen (18)
18 years of age.
19 (e) "Parent" is any person having legal
custody of a minor (i) as a natural parent, (ii)
20 as an adoptive parent, (iii) as a legal guardian,
21 (iv) as a person to whom legal custody has been
22 given by order of the court.
23 (f) "Public place" means a publicly or
24 privately owned place to which the public or
substantial numbers of people have access. A
25 public place does not include the residence of a
26 minor or, the residence of a minors parent or a
27 responsible adult.
28 (g) "Responsible adult" means a person at
29 least 21 years of age to whom a parent has
expressly given permission to accompany a minor.
30 SECTION 5. (a) It shall be unlawful for any minor to be
31 upon the streets, sidewalks, parks, playgrounds, public places
32 and vacant lots, or to ride in or upon, drive or otherwise
33 operate or be a passenger of any automobile, bicycle, or other
34 vehicle in, upon, over or through the streets, or other public
35 places between the hours of 10:00 p.m. and 5:00 a.m., Sunday
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through Thursday, or 12:00 midnight and 5:00 a.m., Friday and
Saturday.
(b) It shall be unlawful for any parent to permit a minor
to be upon the streets, sidewalks, parks, playgrounds, public
places and vacant lots, or to ride in or upon, drive or
otherwise operate, vehicle in, upon, over or through the
streets, or other public places between the hours of 10:00 p.m.
and 5:00 a.m., Sunday through Thursday, or 12:00 midnight and
5:00 a.m., Friday and Saturday. The fact that a minor is in
violation of the provisions of subsection (a), without a defense
as set forth in Section 6 of this ordinance, shall create a
rebuttable presumption that a parent is in violation of this
subsection.
SECTION 6. (A) Notwithstanding the provisions of Section 5,
the Minor Curfew Ordinance does not apply:
(1) At any time a minor that is accompanied
by a parent, or by a responsible adult authorized
by a parent to take the parent's place to
accompany the minor for a designated period of
time and purpose within a specified area.
(2) If the minor is employed, for the period
of time 45 minutes after work, provided that
circumstances suggest the minor is returning from
work to a place of residence.
(3) When a minor is returning home from an
activity that is supervised by adults and
sponsored by the City of Little Rock, a civic
organization, a public or private school, or any
entity that takes responsibility for the minor,
provided that the activity has not concluded for
more than 45 minutes.
(4) At any time the minor is on a legitimate
parentally approved errand.
(5) At any time the minor is on a trip in
interstate commerce.
(6) At any time the minor is required to
leave a residence because of an emergency.
(7) At any time the minor is engaged in an
activity that is protected by the First Amendment
to the United States Constitution, or the freedom
of speech, religion or expression provisions in
Article II of the Arkansas Constitution.
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(B) If a minor being questioned about the possible
1 violation of the Minor Curfew Ordinance provides a law
2 enforcement officer with sufficient reason to believe that
3 the minor is entitled to an exemption under subsection (A)
4 above, the law enforcement officer shall take no more
5 enforcement actions under this ordinance, provided the
officer may make a report of the minor's identity, the
6 exemption claimed, and other necessary information to note
7 the possible violation of this ordinance.
8 SECTION 7. PENALTIES AND LAW ENFORCE24ENT REACTION.
9 (a) In addition to any other criminal or traffic
10 penalties that may be imposed, any minor found to be in
violation of this ordinance shall be cited the first time
11 for such violation. Also the minor's parent shall be
12 notified of the violation and issued a notice that a second
13 citation shall result in the parent's receiving a warrant
14 for the parent's arrest.
15 (b) A parent found to be in violation of this ordinance
shall be subject to the penalties provided in section 1 -9 of
16 the Little Rock, Ark., Revised Code of Ordinances.
17 (c) At the discretion of the law enforcement officer,
18 any minor receiving a citation for violation of the Minor
19 Curfew Ordinance may be released to immediately return home,
may be escorted to their home, or may be taken into custody
20 and delivered to an appropriate juvenile authority to be
21 held until a parent can be located to take custody of the
22 minor.
23 (d) Nothing in this section shall preclude a law
24 enforcement officer from .taking any or all appropriate
25 actions for a minor's violation of any other local or state
law.
26 SECTION 8. SEVERABILITY. If any part of this Ordinance
27 is held invalid, such invalidity shall not affect the
28 validity of any other portion of this Ordinance.
29 SECTION 9. REPEALER. All laws and parts of laws in
30 conflict with this Ordinance are hereby repealed.
SECTION 10. ENERGENCY. Since the adoption of the
31 Emergency Curfew for Minors Ordinance in 1992, the City has
32 experienced an increase in the number of violent offenses
33 committed by and against minors. A minor curfew ordinance is
34 deemed essential as one legislative action that the Board of
35 Directors can take to preserve the public health, safety and
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welfare. An emergency is, therefore, declared to exist and
this ordinance shall be in full force and effect from and
after the date of its adoption.
ADOPTED: January 4, 1994
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