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Ordinance 2002-05

AN ORDINANCE REPEALING ORDINANCE NO. 22-A AND
ESTABLISHING A CURFEW FOR MINORS WITHIN THE CITY
OF JOHNSON, ARKANSAS. AND FOR OTHER PURPOSES.
WHEREAS, the City Council for the City of Johnson, Arkansas, finds that special
circumstances exists 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 it is necessary to repeal 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JOHNSON, ARKANSAS, OrdinanceNo. 22-A of the City of Johnson, Arkansas, is hereby repealed.
A curfew for minors is hereby established as follows:
(a) 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.
(b) 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. C#v 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 order of a court of competent jurisdiction.
3. Legitimate parentally approved errand means a minor performing a
necessary task at the direction of the minor' s parent, and the nonperformance
of the errand, or delay in performance until after curfew hours have abated,
would result in injury or undue hardship.
4. Minor is any unemancipated or unmarried person under the age of 18 years
of age.
5. Parent is any person having legal custody of a minor® as a parent (ii)as an
adoptive parent, (iii) as a legal guardian, (iv) as a person to whom legal
custody has been given by the order of a Court.
6. 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 responsible
adult.
7. Responsible adult means a person at least 21 years of age to whom a parent
has expressly given permission to accompany a minor.
(c) Curfew for minors:
1. 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 11:00 p.m. through 5:00
a.m. (6 hours);
(ii) On Friday and S aturday evenings beginning at midnight through 5:00
a.m. (5 hours).
2. 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 (c)(l) above. The
fact that a minor is in violation of the provisions of subsection (c)(l)
hereinabove, without a defense as set forth in this ordinance, shall create a
rebuttable presumption that a parent is in violation of this subsection,
(d) Exceptions to curfew:
1. Not withstanding the provisions of this ordinance, 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 parent's place to accompany
the minor for a designated period of time and purpose within a
specified area.
(ii) If the minor is employed, for a period of time 45 minutes after work,
provided that circumstances suggest the minor is returning from work
to a place of residence.
(iii) When a minor is 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 has not concluded for more that 45 minutes.
(iv) At any time the minor is on a legitimate parentally approved errand.
(v) At any time the minor is on a trip in interstate commerce.
(vi) At any time the minor is required to leave a residence because of an
emergency.
(vii) At any time the minor is engaged in an activity that is protected by the
First Amendment to the United States Constitution, or the freedom of
speech, religion or expression provisions in Article II of the Arkansas
Constitution.
2. 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 (d) 1 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.
(e) Penalties and law enforcement:
1. A parent or minor found to be in violation of this article shall be subject to a
fine of not less than $25.00 nor more than $100.00.
2. 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.
3 . 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.