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Ordinance 1997-12

AN ORDINANCE REPEALING ORDINANCE NO. 22A
RESPECTING A CURFEW FOR MINORS IN THE CITY OF
JOHNSON AND A CURFEW FOR MINORS AND
DELINEATING PARENT/GUARDIAN RESPONSIBILITIES
AND PROVIDING FOR PUNISHMENT FOR VIOLATIONS
WHEREAS, the City Council for the City of Johnson, Arkansas,
finds that special circumstance exist within the City that cause
the need for special regulation of minors within the City in order
to protect them from each other and from other persons on the
street during the nocturnal hours, to aid in crime prevention, to
promote parental supervision and authority over minors, and to
decrease nocturnal crime rates;
WHEREAS, Johnson's current curfew ordinance has these same
goals, but it is found by the City Council for the City of Johnson,
Arkansas, that is necessary to repeal and replace such ordinance to
better achieve these goals and clarify certain parts of the
ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE
CITY OF JOHNSON, ARKANSAS, Ordinance No. 22A of the City of Johnson
is hereby repealed effective with the date of passage of this
Ordinance.
NOW, ' THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE
CITY OF JOHNSON, ARKANSAS, That the following is hereby adopted as
an Ordinance of this City:

SECTION 1
FINDINGS AND PURPOSE
The City Council for the City of Johnson, Arkansas, finds that
special circumstances exist within the City that call for special
regulation of minors within the City in order to protect them from
each other and from other persons on the street during the
nocturnal hours, to aid in crime prevention, to promote parental
supervision and authority over minors, and to decrease nocturnal
crime rates.
SECTION 2
DEFINITIONS
For purposes of this curfew ordinance, the following terms,
phrases, words, and their derivations shall have the meanings
ascribed to them by this section;
1. City is the City of Johnson, Arkansas.
2. Emancipated, minor means a minor who no longer has a
parent-child relationship as a result of marriage, or as
a result of being recognized as an adult by the order of
a court of competent jurisdiction.
3. Minor is any unemancipated and unmarried person
under the age of 18 years of age.
4. Parent is any person having legal custody of a minor
as a natural parent, as an adoptive parent, as a legal
guardian, as a person to whom legal custody has been
given by order of the Court.

5. Public places means a publicly or privately owned
place to which the public or substantial numbers of
people have access. A public place does not include the
residence of a minor, or the residence of a minor' s
parent, or a responsible adult.
6. Responsible adult means a person at least 21 years
of age to whom a parent has expressly given permission to
accompany a minor.
SECTION 3
'CURFEW FOR MINORS
A. It shall be unlawful for any minor to be upon the
streets, sidewalks, parks, playgrounds, public places and
vacant lots, or to ride in or upon, drive or otherwise
operate or be a passenger in any automobile, bicycle, or
other vehicle in, upon, over or through the streets, or
other public places between the following hours:
(i) On Sunday through Thursday evenings from 10:00
p.m. through 5:00 a.m. of the following day,
(7 hours);
(ii) On Friday and Saturday evening beginning at
11:00 p.m. through 5:00 a.m. of the following day,
[6 hours).
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, a vehicle in, upon,

over, or through the streets, or other public places in
violation of paragraph ( 3 ) (A) above . The fact that a
minor is in violation of the provision of subsection
(3) (A) hereinabove, without a defense as set forth below,
shall create a rebuttable presumption that a parent is in
violation of this subsection.
SECTION 4
EXCEPTIONS TO CURFEW
A. Notwithstanding the provisions of section (3 ) (A) ,
the Minor Curfew Ordinance does not apply:
( i ) At any time a minor is accompanied by a
parent, or by a responsible adult authorized by a
parent to take the parent1 s place to accompany the
minor for a designated period of time and purpose
within a specified area.
(il) If the minor is employed, for a period of time
45 minutes before or after work, provided that
circumstances suggest the minor is going to or
returning from work or from a place of residence.
( iil ) When a minor is going to or returning home
from an activity that is supervised by adults and
sponsored by the City, a civic organization, a
public or private school, or any entity that takes
responsibility for the minor, provided that the
activity will begin with 45 minutes or has not
concluded for more that 45 minutes .

(iv) At any time the minor is required to leave a
residence because of an emergency.
B. If a minor being questioned about the possible
violation of this Curfew Ordinance provides a law
enforcement officer with sufficient reason to believe
that the minor is entitled to an exemption under
subsection (4)(A) above, the law enforcement officer
shall take no enforcement action under this article,
provided the officer may make a report of the minor's
identity, the exemption claimed, and other necessary
information to note the possible violation of this
article.
SECTION 5
PENALTIES AND LAW ENFORCENT
A. A parent or minor found to be in violation of this
article shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not less that $25.00
nor more than $100.00 for a first offense; conviction of
a second or subsequent offense within two (2) years of a
prior conviction of this ordinance shall be punishable by
a fine not less than $50.00 no more than $250.00.
B. At the discretion of'the law enforcement officer,
any minor receiving a citation for violation of this
Curfew Ordinance may be released to immediately return
home, may be escorted to their home, or may be taken into
custody and ' delivered to an appropriate juvenile

authority to be held until a parent can be located to
take custody of the minor.
C. 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.