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ORDINANCE NO. 16,602
AN ORDINANCE TO AMEND LITTLE ROCK, ARK.,
ORDINANCE NO. 16,564 (JANUARY 4, 1994), TO
CLARIFY THAT ANY SUBSEQUENT CURFEW .VIOLATION
MAY RESULT IN SANCTIONS FOR PARENTS; TO ADD
THE TRAFFIC ORDINANCE VIOLATION TO PROHIBIT
THE OPERATION OF A MOTOR VEHICLE DURING CURFEW
HOURS BY A MINOR; DECLARING AN EMERGENCY;..
AND FOR OTHER PURPOSES.
131
WHEREAS, the Board of Directors of the City of Little Rock,
Arkansas, has Little Rock, Ordinance No. 16,564 (January 4,
1994) ( "LRO"), which is generally known as the Minor Curfew
Ordinance; and
WHEREAS, one section of this ordinance provides the
possibility of sanctions against any parent whose child violates
the curfew a second time, and the Board wishes to clarify that
sanctions should be available for any subsequent violation; and
WHEREAS, the City has the authority to define traffic
offenses for violations occurring on,city streets provided that
such offenses do not conflict with state law; and
WHEREAS, the City still has authority over traffic offense
violations committed by juveniles as provided in Ark. Code Ann.
§ 9 -27- 303(11) (Michie Repl. 1993); and
WHEREAS, it has been determined after consultation with the
Little Rock Police Department and the judges of the Little Rock
Municipal Court that a significant number of juveniles violate
the curfew while operating motor vehicles during the hours the
curfew is in operation.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1: Section 7(a) of LRO 16,564 is hereby amended to
read as follows:
F -�3
(a) In addition to any other crim• 1 or traffic 132
1 penalties that may be imposed, any minor found to be
2 in violation of this ordinance shall be cited the
3 first time for such violation. Also, the minor's
4 parent shall be notified of the violation and issued
5 a notice than any subsequent citation shall result
6 in the parent's receiving a warrant for the parent's
7 arrest.
8 SECTION 2: Section 8 of LRO 16,564 is hereby amended
9 to read as follows:
10 (a) It shall be unlawful for any minor to operate,
11 or be in actual physical control, of a motor vehicle
12 upon the streets, public places, or private drives,
13 within the City of Little Rock between the hours of
14 10:00 p.m. and 5:00 a.m. Sunday through Thursday, or
15 12:00 a.m. and 5:00 a.m. Friday and Saturday.
16 Pursuant to this provision no minor shall be
17 permitted to operate a motor vehicle in violation of
18 the provisions of this ordinance. In addition to any
19 other criminal or traffic penalties that may be
20 imposed, or any other actions available under
21 Section 7(c) of this ordinance, unless a minor has a
22 defense available to it under Section 6 of this
23 ordinance, a law enforcement officer with sufficient
24 reason to believe that a minor has violated the
25 provisions of this ordinance shall attempt to
26 contact the registered owner of the motor vehicle
27 operated by the minor for purposes of having the
28 registered owner retrieve the vehicle. If no contact
29 can be made, or if the registered owner refuses to
30 immediately come and retrieve the vehicle, the
31 officer may take any necessary action to protect the
32 vehicle including having the vehicle impounded at a
33 facility selected by the City of Little Rock. Any
34 such impoundment shall be at the sole expense of the
35 registered owner.
36
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Ica)
(b) It shall be unlawful for any parent to permit a
1
minor to operate a motor vehicle in violation of the
2
provisions of this ordinance. In addition to any
3
other criminal or traffic penalties that may be
4
imposed, unless a minor has a defense available to
5
it under Section 6 of this ordinance, a law
6
enforcement officer with sufficient reason to
7
believe that a minor has violated the provisions of
8
this ordinance may take any action set forth in
9
Section 7(c) of this ordinance. The fact that a
10
minor is in violation of the provisions of
11
subsection (a), without a defense as set forth in
12
Section 6 of this ordinance, shall create a rebuttal
13
presumption that the parent is in violation of this
14
subsection.
15
SECTION 3: Section 9 of LRO 16,564 is hereby amended
to
16
read as follows:
17
SECTION 9. Severability. In the event any title,
18
subtitle, section, subsection, subdivision,
19
paragraph, subparagraph, item, sentence, clause,
20
phrase, or word of this ordinance is declared or
21
adjudged to be invalid or unconstitutional, such
22
declaration or adjudication shall not affect the
23
remaining portions of this ordinance which shall
24
remain in full force and effect as if the portion so
25
declared or adjudged invalid or unconstitutional was
26
not originally a part of this ordinance.
27
SECTION 4: Section 10 of LRO 16,564 is hereby amended
to
28
read as follows:
29
SECTION 10. REPEALER. All laws and parts of laws in
30
conflict with this Ordinance are hereby repealed to
31
the extent of such conflict.
32
SECTION 5: The Emergency Clause contained in Section 10
of
33
LRO 16,564 is now redesignated Section 11.
34
SECTION 6: Emergency. Since the adoption of the minor
35
curfew ordinance, Little Rock, Ark., Ord. No. 16,564, it
has
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become apparent that certain technical modifications need to be
made to the ordinance and further that a separate traffic
violation for operation of a motor vehicle in violation of the
curfew needs to be created. These additional ordinances are
necessary to protect the public health, safety and welfare for
the reasons given in Section 10 of the minor curfew ordinance.
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.
PASSED: February 15, 1994
ATTEST:
APPROVED AS TO FORDS:
•
M' 1, M �d
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