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Juvenile Curfew

ORDINANCE NO. 00-25

AN ORDINANCE ESTABLISHING A CURFEW IN THE CITY OF GREENWOOD ARKANSAS, REPEALING ORDINANCE NO. 534 AND OTHER PROVISIONS

NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENWOOD, ARKANSAS:

SECTION 1:  Ordinance 534 is hereby repealed.

SECTION 2:   It shall be unlawful for any person under the age of eighteen (18) years to be, or to remain on the city streets or rights-of-ways or in other outdoor public places in the city at night between the hours of 10:30 p.m. through 5:00 a.m. Sunday through Thursday nights, and 12:30 a.m. through 5:00 a.m. on Friday and Saturday nights; provided however, the hours of curfew during the two-week winter holiday when the public schools in the city are not in session shall be the hour of 12:30 a.m. through 5:00 a.m. on all nights during such holidays.

SECTION 3:  The curfew imposed by the provisions of this division shall not apply if the minor person:

(1)  Is accompanied by a parent, guardian or other person responsible for or having legal custody of such minor;

(2)  Such minor’s gainful employment makes it necessary for such minor to be upon the streets, alleys or other public places after the specific hours; or

(3)  Is on an emergency errand sanctioned by the parent, guardian or other adult person responsible for or having legal custody of such minor.

SECTION 4:  Responsibility of parent, etc; penalty

It shall be unlawful for any parent, guardian or other adult person responsible for or having the lawful care, custody or control of any person under the age of eighteen (18) years of age to allow, permit or suffer such minor to violate these provisions.

SECTION 5:  Duty of operator, etc., of establishment where violations occur; penalty

It shall be unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, to permit any minor under the age of eighteen (18) years to loiter, loaf or idle in such place or on the premises during the hours prohibited by this ordinance.  When such owner, operator or person in charge of such place of business shall find such a minor or minors under the age of eighteen (18) on the premises, he shall order such person to leave and if such minor refuses the owner or operator shall notify the police department and inform them of such violation.

SECTION 6:  Waiver permit – Authorized

The chief of police may issue a waiver of curfew to a time which is thirty (30) minutes after the scheduled termination time of the activity for which the permit is granted, to any group of persons subject to the provisions of this division which is sponsored by either a public or parochial school or church within the city or is sponsored by adults, associated with either a public or parochial school, for the purpose of supervising annual senior day or night activities at public or parochial schools in the city.

SECTION 7:  Same – Conditions

A waiver or curfew permit may be issued only when the planned activity complies with the following conditions:

(1)  A written application must be filed with the chief of police not less than seven (7) days prior to the date for which the waiver is requested.

(2)  The application must be signed by one (1) or more of the adult sponsors of the group. 

(3)  The application must show location of the event for which waiver is requested.
 
(4)  The application must show the type of function or activity for which the waiver is requested.

(5)  The application must show the time the activity or function will commence and the time that it will end. 

(6)  The application must show the name and address of the sponsor of the event.
 
(7)  The application must show the names of the adult supervisors who will be in attendance at the function. 

SECTION 8:  Any juvenile violating this ordinance shall be subject to a citation and an appearance in juvenile court.  Any adult person violating this ordinance shall be subject to a warning; and/or fine of $50.00 for the first offense.  The fine amount shall double for each and every additional violation.

SECTION 9:  This Ordinance being necessary for the preservation of public peace, health and welfare, this Ordinance shall be in full force and effect from and after its passage and publication. 

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