HomeMy WebLinkAbout1989-10-02 • ORDINANCE NO. __39 - )C -2-
AN
Iu -ZAN ORDINANCE ESTABLISHING A CURFEW WITHIN THE CITY OF I
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 i
• to dangers if allowed at night to be upon the streets and public places un-
necessarily,
NOW, THEREFORE BE IT ORDAINED:
Section 1. Curfew: It shall be unlawful for any person under the age of
18 years 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 onel
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 is 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.
® Section 2. Exceptions: The curfew imposed by the provisions of this ord-
inance 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.
• Section 3. 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; to any group of persons
• subject to the provisions of this division which is sponsored by either a pub-
lic 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 super-
vising annual senior day and night activities at public or parochial schools
in the city.
Section 4. 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 Bates-
ville, 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 appli-
cation 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; and (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.
Section 5. Penalties: Any minor charged under this ordinance, or against
whom a petition for delinquency is filed, shall be subject to the penalties set
out in the Arkansas Juvenile Code.
Section 6. Repealer: Any ordinance or parts of ordinances in conflict
herewith are hereby repealed.
Section 7. Expiration: This ordinance shall expire and cease to be in
effect at Midnight on April 30, 1990 unless extended or readopted by the City
Council of the City of Batesville.
Section 8. 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. I
PASSED and APPROVED this , _��� 7� day of LC'�C-c941989.
)im
S irrell , Mayor
ATTEST:
1
Larry Willi a s, City Clerk