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HomeMy WebLinkAbout1990-04-02 • BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE ORDINANCE NO 90-4-2 ORDINANCE ESTABLISHING A CURFEW WITHIN THE CITY OF BATESVILLE FOR INDIVIDUALS UNDER 18 YEARS OF AGE AND THE PENALTIES THEREFORE; AND FOR OTHER PURPOSES WHEREAS, it has been deemed necessary by the City Council of the City of Batesville to provide for the safety, preservation of the health , promote the prosperity , and improve the morals , order , comfort and convenience of those within the City of Batesville , and to prevent riots , noise , disturbances , or disorderly assemblages; and WHEREAS, it is the desire of the City Council to limit the • Curfew to minors below the age of 18 in an effort to correct the problem of juvenile crime; and WHEREAS, it is the desire of the City Council of the City of Batesville to protect children from injurious influences , and that children are subject to dangers if allowed at night to be upon the streets and public places unnecessarily, now; BE IT THEREFORE ORDAINED; SECTION 1: CURFEW. It shall be unlawful for any person under the age of 18 years of age to be , or to remain unnecessarily in the City streets or public places at night after the hour of 10 : 30 p.m. , Sunday through Thursday nights, and one hour after midnight on Friday and Saturday nights ; provided , however , the hours of curfew during the Christmas Holidays when the public schools in the City are not in session shall be one hour after midnight on each night on such holidays . It shall further be unlawful if any person under 18 years of age to be or to remain unnecessarily in the City streets and public places after the times set out herein above and before the hour of 5: 30 a.m. on any morning. EXCEPTIONS. The curfew imposed by the provisions of this ordinance shall not apply if the minor person: (a ) Is accompanied by a parent , guardian or other person responsible for or having legal custody of such minor; or (b) Such minor ' s gainful employment makes it necessary for such minor to be upon the streets , alleys or other public places after the specified hours; or (c ) Is on an emergency errand, sanctioned by the parent, guardian, or other adult person responsible for or having legal custody of such minor . WAIVER PERMIT -- AUTHORIZED. The Mayor of the City of Batesville, or his assignee, may issue a waiver of curfew permit , which will extend the curfew to a time which is thirty ( 30 ) minutes after the scheduled termination time of the activity for which the permit is granted, I 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 and night activities at public or parochial schools in the city. • WAIVER PERMIT CONDITIONS. A waiver of curfew permit may be issued only when the planned activity complies with the following conditions : (a) A written application must be filed with the Mayor of the City of Batesville, or his assignee not less than three (3) days prior to the date for which the waiver is requested; (b) The application must be signed by one or more of the adult sponsors of the group; (c) The application must show the location of the event for which the waiver is requested; (d ) The application must show the type of function or activity for which the waiver is requested; (e ) The application must show the time the activity or function will commence and the time that it will end; (f) The application must show the name and address of the sponsor of the event; ( g ) The application must show the names of the adult supervisors who will be in attendance at the function; (h) It shall be the responsibility of the adult supervisors to notify the parents of all of the minors that the waiver has been granted , if it is, and the date and hour when the waiver will expire. PENALTIES- Any minor child under this ordinance , or against whom a petition for delinquency is filed , shall be subject to the Qpenalties set out in the Arkansas Juvenile Code . • REPEALER Any ordinances or parts of ordinances in conflict herewith are hereby repealed. SEVERABILITY If this ordinance or any part hereof be deemed invalid then the part deemed invalid shall not affect the remainder of said ordinance and the remainder of said ordinance not deemed invalid shall remain in full force and effect . EMERGENCY CLAUSE This ordinance being necessary to prevent riots, noise, disturbance, or disorderly assemblages and necessary for the safety, preservation of health, promotion of prosperity, and the improvement of morals , order and comfort within the City of Batesville as well as necessary for the protection of children from injurious injuries and influences and if they were allowed at night to be upon the streets and public places unattended, an emergency is declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. ORABLE JIM•SHERRILL, .MAYOR ATTEST: I LARRY WI LIAMS CITY CLERK �I