Yes.
Sec. 20-36. - Curfew imposed.
(a)
It shall be unlawful for any minor to be upon the streets, sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon, drive or otherwise operate or be a passenger of any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the hours of 10:00 p.m. and 5:00 a.m., Sunday through Thursday, or 12:00 midnight and 5:00 a.m., Friday and Saturday.
(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, or be a passenger of any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the hours of 10:00 p.m. and 5:00 a.m., Sunday through Thursday, or 12:00 midnight and 5:00 a.m., Friday and Saturday. The fact that a minor is in violation of the provisions of subsection (a) of this section, without a defense as set forth in section 20-37, shall create a rebuttable presumption that a parent is in violation of this section.
(c)
It shall be unlawful for any minor to be upon the streets, sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon, drive or otherwise operate or be a passenger of any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the hours of 8:30 a.m. and 2:30 p.m., Monday through Friday.
(d)
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 as set forth in this section. The fact that a minor is in violation of the provisions of this section, without a defense as set forth in section 20-37, shall create a rebuttable presumption that a parent is in violation of this section.
(Code 1992, § 130.33; Ord. No. 2-1994, 2-14-1994; Ord. No. 25-1997, 6-9-1997)
Sec. 20-37. - Exceptions.
(a)
Notwithstanding the provisions of section 20-36, this article does not apply:
(1)
At any time a minor that is accompanied by a parent, or by a responsible adult 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)
If the minor is employed, for the period of time 45 minutes after work, provided that circumstances suggest the minor is returning from work to a place of residence.
(3)
When a minor is returning home from an activity that is supervised by adults and sponsored by the city, a civic organization, a public or private school, or any entity that takes responsibility for the minor, provided that the activity has not concluded for more than 45 minutes.
(4)
At any time the minor is on a legitimate parentally approved errand.
(5)
At any time the minor is on a trip in interstate commerce.
(6)
At any time the minor is required to leave a residence because of an emergency.
(7)
At 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.
(b)
If a minor being questioned about the possible violation of this article provides a law enforcement officer with sufficient reason to believe that the minor is entitled to an exemption under subsection (a) of this section, the law enforcement officer shall take no more enforcement actions under this article, provided the officer may make a report of the minor's identity, the exemption claimed, and other necessary information to note the possible violation of this article.
(c)
With respect to the hours between 8:30 a.m. and 2:30 p.m. on Monday through Friday only, it is a defense that the public or private school which the minor attends was not in session, that the minor is being home schooled in accordance with state law and a recess has been declared by the home school teacher, that the minor is a high school graduate or has an equivalent certification or that the minor is on an excused absence from his place of schooling, provided that disciplinary suspension or expulsion is not deemed an excused absence for the purpose of this article.
(Code 1992, § 130.34; Ord. No. 2-1994, 2-14-1994; Ord. No. 25-1997, 6-9-1997)
Sec. 20-38. - Enforcement procedure.
(a)
First citation. In addition to any other criminal or traffic penalties that may be imposed, any minor found to be in violation of this article shall be cited the first time for such violation. Also, the minor's parent shall be notified of the violation and issued a notice that a second citation shall result in the parents receiving a warrant for the parent's arrest.
(b)
Subsequent violations.
(1)
If, after the warning notice pursuant to subsection (a) of this section of a first violation by a juvenile, a parent violates section 20-36(b) (in connection with a second violation by the juvenile), this shall be treated as a first offense by the parent.
(2)
Any juvenile who shall violate any of the provisions of this article more than three times shall be reported by the chief of police to the juvenile authorities as a juvenile in need of supervision and the chief of police shall refer the matter to the county prosecuting attorney and/or the state department of human services and/or other appropriate authorities.
(3)
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.
(4)
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.
(Code 1992, § 130.35; Ord. No. 2-1994, 2-14-1994)