HomeMy WebLinkAbout186291 ORDINANCE NO. 18,629
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3 AN ORDINANCE TO AMEND PORTIONS OF THE
4 JUVENILE CURFEW ORDINANCE, TO DECLARE AN
5 EMERGENCY, AND FOR OTHER PURPOSES.
7 WHEREAS, the City has previously passed a juvenile curfew ordinance that was written to
8 comply with the restrictions of Arkansas law on the ability of a municipality to pursue actions
9 against juvenile offenders, and
10 WHEREAS, Act 1262 of 2001 was passed by the Arkansas General Assembly to provide that
11 local governments may have concurrent jurisdiction to prosecute in district court juvenile curfew
12 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, it is 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 assure
16 the safety of juveniles within the City,
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CM
18 OF LITTLE ROCK, ARKANSAS:
19 Section 1. Subsection (b) of Little Rock, Ark., Rev. Code § 17.5 -24 (1988) is hereby
20 amended to read as follows:
21 (b) It shall be unlawful for any minor to be upon the streets, sidewalks, parks,
22 playgrounds, public places and vacant lots, or to ride in or upon, drive or
23 otherwise operate or be a passenger in any automobile, bicycle or other
24 vehicle in, upon, over or through the streets or public places:
25 (1) Between the hours of 9:00 a.m. and 145 p.m., when the public schools
26 are in session, or
27 (2) If the hours in subsection (a) are different from the hours of a regular
28 school day at the school where the minor is registered to attend, the
29 time between the normal start time and normal dismissal time for
30 students at the school where the minor is registered to attend.
1 Section 2. Severab�ty. In the event any title, section, paragraph, item, sentence, clause,
2 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
3 declaration or adjudication shall not affect the remaining portions of the ordinance which shall
4 remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional
5 was not originally a part of the ordinance.
6 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are
7 inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
8 Section 4. Emergency Clause. In order to protect juveniles from becoming the victims of
9 offenses during school hours, and to limit their ability to commit criminal offenses during such times, it is
10 critical to assure that they are in school during the regular school hours, or if home schooled, that they are at
1 I home during the normal hours of school operation; however, these hours vary from school to school and district
12 to district within the corporate limits of the City of Little Rock, Arkansas; further, the original Minor Curfew
13 Ordinance was written during a period of time when the City could only pursue enforcement action against
14 the parent only and not against the juvenile, but in 2001 the General Assembly changed the law on that point
15 and now permits a municipality to pursue such actions in district court against a juvenile; such action is
16 important, particularly as to the daytime curfew provisions, to assure that juveniles are not unnecessarily the
17 victims of offenses or violations, nor that they commit such offenses or violations; further, the ability to enforce
18 the Minor Curfew Ordinance, particularly the daytime provisions, in a time frame that is concurrent with the
19 beginning of the 2001 -2002 academic year for public schools within the corporate limits of the City is essential
20 to protect the public health, safety and welfare, and to assure that there is no confusion as to what actions the
21 City may take in this regard; an emergency is, therefore, declared to exist and this ordinance shall be in fall
22 force and effect from and after the date of its passage.
23 PASSED:
24
25 ATTEST: APPROVED:
26 `
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28 N cy Woo , City Clerk Jim TUey, Mayor
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Ordinance
Juvenile Curfew
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APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ciij Attorney
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Ordinance
Juvenile Curfew
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