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1 ORDINANCE NO. 18,548
2
3 AN ORDINANCE TO AMEND PORTIONS OF THE JUVENILE
4 CURFEW ORDINANCE; TO DECLARE AN EMERGENCY, AND FOR
5 OTHER PURPOSES.
6
7 WHEREAS, the City has previously passed a juvenile curfew ordinance that was written
8 to comply with the restrictions of Arkansas law on the ability of a municipality to pursue
9 actions against juvenile offenders, and
10 WHEREAS, Act 1262 of 2001 was passed by the Arkansas General Assembly to provide
11 that local governments may have concurrent jurisdiction to prosecute in district court juvenile
12 curfew violations against persons under the age of eighteen (18) years old, and
13 WHEREAS, with the 2001 -2002 academic year about to start for the Little Rock School
14 District, and the Pulaski County Special School District, is it imperative that the City's curfew
15 ordinance be amended to assure that the City may take advantage of Act 1262 as a means to
16 assure the safety of juveniles within the City,
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
18 CITY OF LITTLE ROCK, ARKANSAS:
19 Section 1. Little Rock, Ark., Rev. Code § 17/6 -26 (1988) is hereby amended to read as
20 follows:
21 (a) A minor found to be in violation of this article shall be subject to penalties
22 provided in section 1 -9 of the Little Rock, Ark., Revised Code of
23 Ordinances, or to such other disposition including suspension, probation,
24 or conditions for suspension for probation, as determined by the judge of
25 the district court in accordance with Arkansas law.
26 (b) A parent of a minor charged with violation of this article may be notified
27 of such violation and required to appear before the district court for any
28 hearing which involves the minor.
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(c) At the discretion of the law enforcement officer, any minor arrested or
cited for violation of the Minor Curfew Ordinance may be released to
immediately return home or to school, may be escorted to their home or
school, or may be taken into custody and delivered to an appropriate
location, or juvenile authority, to be held until a parent can be located to
take custody of the minor.
(d) Nothing in this section shall preclude a law enforcement officer from
taking any or all appropriate actions for a minor's violation of any other
local or state law.
Section 2. Severability. In the event any title, section, paragraph, 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 the
ordinance which shall remain in full force and effect as if the portion so declared or adjudged to
be invalid or unconstitutional was not originally a part of the ordinance.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are
inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
inconsistency.
Section 4. Emergency Clause. The current Minor Curfew Ordinance was written during
a period of time when the City could only pursue enforcement action against the parent only and not
against the juvenile, but in 2001 the General Assembly changed the law on that point and now permits a
municipality to pursue such actions in district court against a juvenile; such action is important,
22 particularly as to the daytime curfew provisions, to assure that juveniles are not unnecessarily the
23 victims of offenses or violations, nor that they commit such offenses or violations; further, the ability to
24 enforce the Minor Curfew Ordinance, particularly the daytime provisions, in a time frame that is
25 concurrent with the beginning of the 2001 -2002 academic year for public schools within the corporate
26 limits of the City is essential to protect the public health, safety and welfare, and to assure that there is no
27 confusion as to what actions the City can take in this regard; an emergency is, therefore, declared to exist
28 and this ordinance shall be in full force and effect from and after the date of its passage.
29 PASSED: August 21, 2001
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0
ATTEST:
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Nan Woo , City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City ttorney
0
APPROVED:
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Jim ailey, Mayor
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