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16825JEW 1 ORDINANCE NO. 16,825 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, 4 ARK., ORD. NO. 16,564 (JANUARY 4, 5 1994) TO ADD A CURFEW FOR MINORS 6 DURING NORMAL SCHOOL HOURS ON 7 WEEKDAYS, DECLARING AN EMERGENCY; 8 AND FOR OTHER PURPOSES. 9 10 WHEREAS, during the discussions about whether to impose a 11 juvenile curfew in the City of Little Rock, Arkansas, it was 12 determined that a significant amount of juvenile crime occurs 13 during school hours within the City; and 14 WHEREAS, current state laws on truancy do not deal with 15 juveniles that have been expelled; and 16 WHEREAS, the City has a strong desire to enact an ordinance 17 that will reduce juvenile crime and victimization during 18 daylight hours, and to promote juvenile safety and well being, 19 whether these persons are in public school. private school. home 20 schooling. or involved in other activities; 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 22 THE CITY OF LITTLE ROCK, ARKANSAS: 23 SECTION 1. Section 3 of Little Rock, Ark., Ord. No. 16,564 24 (January 4, 1994), is hereby amended to read as follows: 25 FINDINGS AND PURPOSE. The Board of Directors 26 of the City of Little Rock finds that special 27 circumstances exist within the•City that call 28 for the special regulation of minors within 29 the City in order to protect them from each 30 other and from other persons on the street 31 during the nocturnal hours and during normal 32 school hours, whether public. private or home 33 schooling, to aid in crime prevention, to 34 promote parental supervision and authority 35 over minors and to decrease nocturnal crime 36 rates and crime rates during school hours. SECTION 2. Section 5 of Little Rock, Ark., Ord. No. 16,564 1 (January 4, 1994), is hereby amended to add the following: 2` (b) ..It shall be unlawful,for any minor to be 3 upon the streets, sidewalks, parks, 4 playgrounds, public places and vacant lots, or 5 to ride in or upon, drive or otherwise operate 6 or be a passenger, of any automobile, bicycle, 7 or other vehicle in, upon, over or through the 8 streets, or other public places between the 9 hours of 9:00 a.m. and 2:30 p.m. Monday, 10 Tuesday, Wednesday, Thursday, or Friday. 11 (c) It shall be unlawful for any parent to 12 permit a minor to be upon the, streets, 13 sidewalks, parks, playgrounds, public places 14 and vacant lots, or to ride in or upon, drive 15 or otherwise operate a vehicle in, upon, over 16 or through the streets, or other public places 17. as set forth in subsections (a) or (b). The 18 fact that a minor-is in violation of the 19 provisions of subsection (a) or 'subsection 20 (b), without a defense as set forth in Section 21 6 of this Ordinance, shall create a rebuttable 22 presumption that a parent is in violation of 23 this subsection. 24 SECTION 3. Little Rock, Ark., Ord. No. 16,564 (January 4, 25 1994) is hereby amended to add: 26 (8) With respect to the hours between 9:00 27 a.m. and 2:30 p.m. on Monday,.. Tuesday, 28 Wednesday, Thursday or Friday only, it is a 29 defense that the i�ublic or Private school 30 which the minor attends was not in session, 31 that: the minor is being home schooled in 32.. accordance with Arkansas law and a recess has 33 been declared by the home school teacher, that 34 the .minor is a high school graduate or has an 35 equivalent certification, or that the minor is 36 on an excused absence from his or her place of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 29 30 31 32 33 34 35 3.6 schooling, provided that a disciplinary suspension or expulsion is not deemed an excused absence for the purposes of this Ordinance. SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, subparagraph., item, sentence, clause, phrase or word of this Ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining.portions of this Ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this Ordinance. SECTION 5. REPEALER. All laws and parts of laws in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6. EMERGENCY. The need to protect juveniles during school hours and to deal with school age children that are not otherwise in school is manifest. A daytime curfew helps to accomplish both of these goals and is necessary to protect the public health, safety and welfare. An emergency is therefore declared to exist and this ordinance shall be in full force and effect from and after January 17, 1995. PASSED: January 3, 1995 • /NI :��C•7y)N:A •�:n I I