The Mayor, any time a condition has arisen or is imminent which
in his judgment constitutes a civil disturbance, riot, insurrection
or time of local disaster, may declare a state of emergency and impose
a curfew for such time and for such areas as he deems necessary to
meet such emergency. Provided, however, such curfew shall not extend
for over a period of 48 hours unless extended by a majority vote of
the members of the governing body.
No person shall congregate, operate any businesses or be upon
the streets or other public ways, unless on official business for
the City or state, in any area or areas designated by the mayor as
curfew areas in the City during the time of any declared emergency.
Any person violating any of the provisions of this chapter shall,
upon conviction, be deemed guilty of a misdemeanor and may be punished
by a fine not to exceed $500 or confinement in jail for not more than
one year, or both.
[Ord. No. 2000-13, Sec. 1]
This shall be known as the Curfew for Minors Ordinance.
[Ord. No. 2000-13, Sec. 2]
The City Council for the City, 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 crime prevention,
to promote parental supervision and authority over minors, and to
decrease nocturnal crime rates.
[Ord. No. 2000-13, Sec. 4]
For purposes of this curfew ordinance, the following terms,
and phrases, words, and their derivations shall have the meanings
ascribed to them by this section:
CITY
Is the City of Lincoln, Arkansas.
EMANCIPATED MINOR
A minor who no longer has a parent-child relationship as
a result of being recognized as an adult by order of the court of
competent jurisdiction.
LEGITIMATE PARENTALLY APPROVED ERRAND
A minor performing a necessary task at the direction of the
minor's parent, and the nonperformance of the errand, or delay
of performance until after curfew hours have abated, would result
in injury or undue hardship.
MINOR
Is any unemancipated or unmarried person under the age of
18 years of age.
PARENT
Is any person having legal custody of a minor (i) as a natural
parent, (ii) as an adoptive parent, (iii) as a legal guardian, (iv)
as a person to whom legal custody has been given by order of the court.
PUBLIC PLACES
A publicly or privately owned place to which the public or
substantial number 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.
RESPONSIBLE ADULT
A person at least 21 years of age to whom a parent has expressly
given permission to accompany a minor.
[Ord. No. 2016-1, Sec. 3]
A. It shall be unlawful for any minor to be upon the street, sidewalk,
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:
1. On Sunday through Thursday evenings from 11:00 p.m. through 5:00
a.m. (six hours).
2. On Friday and Saturday evenings beginning at midnight through 5:00
a.m. (five 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 §
7.08.07A above. The fact that a minor is in violation of the provisions of §
7.08.07A hereinabove, without a defense as set forth in §
7.08.08 hereof shall create a rebuttable presumption that a parent is in violation of this subsection.
[Ord. No. 2000-13, Sec. 6]
A. A parent or minor found to be in violation of this ordinance shall be subject to the penalties provided in §
1.32.01 of the Lincoln Municipal Code.
B. At the discretion of the law enforcement officer, any minor receiving
a citation for violation of the minor 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.