§ 13-3. Curfew established.

(a)

Pulaski County does establish a curfew for the unincorporated areas of the county as follows: It is unlawful for any person seventeen (17) years old or younger to be on any street, sidewalk, playground, park, vacant lot or in any public place in the unincorporated areas of Pulaski County from 10:00 p.m. to 5:00 a.m. Sunday through Thursday and from 12:00 midnight to 5:00 a.m. Friday and Saturday. It is also unlawful for parents of juveniles seventeen (17) years old and younger to allow the juveniles to be in any of the locations listed above. The only exceptions to this curfew are specified in subsection (b) of this section.

(b)

This section does not apply under the following circumstances:

(1)

Any time a minor is accompanied by a parent or by an adult (at least twenty-one (21) years old) who has been 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;

(2)

For a period of time up to one (1) hour after work, if the minor is employed and the minor is returning from work to a place of residence;

(3)

For a period of time up to one (1) hour after the minor has attended any activity that is supervised by adults and sponsored by civic organizations, religious associations, public or private schools or any entity that takes responsibility for the minor;

(4)

Any time the minor is on an errand approved by the parent;

(5)

Any time the minor is on a trip for the purpose of interstate commerce;

(6)

Any time the minor is required to leave a residence because of an emergency;

(7)

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.

(c)

The penalties for violation of this section are as follows:

(1)

Any minor found to be in violation of the curfew the first time shall be cited with a warning. The parent of such minor will be notified of the violation with a notice that a second citation results in a parent receiving a citation.

(2)

On the second offense the parent will be ticketed with a citation and may be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00).

(3)

On the third offense the parent shall receive a citation and will be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).

(4)

Any juvenile who violates the provisions of this section more than three (3) times shall be reported by the sheriff's department to the proper juvenile authorities as a juvenile in need of supervision and the matter shall be referred to the prosecuting attorney's office of the Arkansas Department of Human Services or to other appropriate authorities.

(d)

Any minor receiving a citation for violation of this section may be released to 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. Nothing in this section shall preclude an officer from taking any or all appropriate actions for any violation by a minor of any other local or state laws.

(Ord. No. 94-OR-5, Arts. 1—4, 1-26-94)