1989ORDINANCE NO. 19 8 ~
AN ORDINANCE TO AMEND CHAPTER 6.38 OF THE WEST
MEMPHIS MUNICIPAL CODE TO ADD A CURFEW FOR MINORS
DURING NORMAL SCHOOL HOURS ON WEEKDAYS, AND FOR
OTHER PURPOSES.
WHEREAS, during the discussions about whether to impose a daytime juvenile curfew in
the City of West Memphis, Arkansas, it was determined that a significant amount of juvenile
crime occurs during school hours within the City; and
WHEREAS, current state laws on truancy do not deal with juveniles who have been
expelled; and
WHEREAS, the City has a strong desire to enact an ordinance that will reduce juvenile
crime and victimization during daylight hours, and to promote juvenile safety and well being,
whether these persons are in public school, private school, home schooling, or involved in other
activities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. Section 6.38.010 of the West Memphis Municipal Code is hereby amended
to read as follows:
FINDINGS AND PURPOSE: The city council of the city finds there has
been a significant breakdown in the supervision normally provided by certain
parents and guidance for juveniles under eighteen years of age resulting in juveniles
being involved in a wide range of unacceptable behavior including vandalism, noisy
and rowdy behavior, breaking and entering, public drinking and littering,
harassment of residents, and more serious violent crimes including battery and
murder.
The city council further finds that the offensive activities of the juveniles
are not easily controlled by existing laws and ordinances because the activities are
concealed whenever police officers are present and that the establishment of
reasonable curfew regulations will enable the community to better control the free
and unobstructed access to the streets and public places by the majority of
residents and will enable the police to act reasonably and fairly to prevent the
violation of laws and ordinances by juveniles.
The city council further finds and has determined that curfew meets a very
real local need and that curfew ordinances in other communities have been a factor
in minimizing juvenile delinquency. A curfew in the city is particularly appropriate
in view of the basic residential nature of the community and the sense of the
community that there is a proper time for the cessation of outdoor activities of
juveniles. This attitude of the community is reflected in the curfew hours declared
by this chapter which takes into consideration the danger hours for nocturnal
crime.
The city council further finds that special circumstances exist within the
City that call for the 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 and during normal school hours, whether public, private or home schooling
to aid in crime prevention, to promote parental supervision and authority over
minors and to decrease nocturnal crime rates and crime rates during school hours.
West Memphis is basically a family community. Parental responsibility for
the whereabouts of children is the accepted norm by a substantial majority of the
community. Legal sanctions to enforce such responsibility have had demonstrated
effectiveness in many communities over the years. The city council has determined
that as parental control increases there is a likelihood that juvenile delinquency
decreases and that there is a need for nocturnal curfew for juveniles in West
Memphis and that the establishment of a curfew applicable to juveniles will
reinforce the primary authority and responsibility of parents and guardians over
juveniles in their care and custody.
SECTION 2. Section 6.38.030 of the West Memphis Municipal Code is hereby amended
to read as follows:
(a) It is unlawful for any person seventeen or less years of age (under eighteen) to
be or remain in or upon the streets within the city at night during the period ending
at 5:00 a.m. and beginning:
A. At twelve midnight on Friday and Saturday nights; and
B. Ten p.m. on all other nights.
(b) It shall be unlawful for any person seventeen or less years of age (under
eighteen) 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,
Tuesday, Wednesday, Thursday, or Friday.
SECTION 3. Section 6.38.040 of the West Memphis Municipal Code is hereby amended
to read as follows:
In the following exceptional cases a minor on a city street during the
nocturnal hours prescribed for minors shall not however, be considered in violation
of the curfew.
A. When accompanied by a parent of such minor;
B. When accompanied by an adult, at least twenty-one years of age,
who is not the parent and who is authorized by a parent of such minor to
take said parent's place in accompanying said minor for a designated period
of time and purpose within a specified area;
C. When exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom of speech
and the right of such exercise by first delivering to the person designated by
the chief of police to receive such information, at the police department
located at 626 East Broadway, a written communication, signed by the
juvenile and countersigned by a parent of the juvenile with their home
address and telephone number, specifying when, where and in what manner
the juvenile will be on the streets (during hours when the curfew is
otherwise applicable to said minor) in the exercise of a First Amendment
right;
D. In case of reasonable necessity for a juvenile remaining on the
streets, but only after the juvenile's parent has communicated to the person
designated by the chief of police to receive such notifications the facts
establishing the reasonable necessity relating to specified streets at a
designated time for a described purpose including points of origin and
destination. A copy of the communication, or of the police record thereof,
duly certified by the chief of police to be correct, with an appropriate
notation of the time it was received and of the names and addresses of the
parent and juvenile, shall be admissible evidence;
E. When returning home from and within one hour after the
termination of a school or city sponsored activity, or an activity of a
religious or other voluntary association, of which prior notice, indicating
the place and probable time of termination, has been given in writing, to
and duly filed for immediate reference by, the person designated by the
chief of police on duty at the police station, thus encouraging, as in other
exceptional situations, responsible conduct on the part of juveniles involved
in such activities and striking a fair balance for any conflicting interests;
F. When engaging in the duties of bona fide employment or traveling
directly, without undue delay or detour from home to the place of
employment, or from the place of employment to the home;
G. When the minor is in a motor vehicle for the purpose of interstate
travel, either through, beginning or ending in West Memphis;
H. With respect to the hours between 8:30 a.m. and 2:30 p.m. on Monday,
Tuesday, Wednesday, Thursday or 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 Arkansas 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 or her place of schooling, provided that a
disciplinary suspension or expulsion is not deemed an excused absence for
the purpose of this Ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
SECTION 5. This ordinance shall be in effect for a period of one year from its effective
date.
PASSED AND APPROVED this ~+1~ day of 5~,~,n ~, , 2001.
~/ /-_ )
WILLIAM H. JOHNSON, AYOR
ATTEST:
----_
PHILLIP PARR, CITY CLERK
SPONSORED BY:
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ORDINANCE NO. Ia $6I
AN ORDINANCE TO AMEND CHAPTER 6.38 OF THE WEST
MEMPHIS MUNICIPAL CODE TO ADD A CURFEW FOR MINORS
DURING NORMAL SCHOOL HOURS ON WEEKDAYS, AND FOR
OTHER PURPOSES.
WHEREAS, ,during the discussions about whether to impose a daytime juvenile curfew in
the City of West Memphis, Arkansas, it was determined that a significant amount of juvenile
crime occurs during school hours within the City; and
WHEREAS, current state laws on truancy do not deal with juveniles who have been
expelled; and
WHEREAS, she City has a strong desire to enact an ordinance that will reduce juvenile
crime and victimization during daylight hours, and to promote juvenile safety and well being,
whether these persons are in public school, private school, home schooling, or involved in other
activities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. Section 6.38.010 of the West Memphis Municipal Code is hereby amended
to read as follows:
FINDINGS AND PURPOSE: The city council of the city finds there has
been a significant breakdown in the supervision normally provided by certain
parents and guidance for juveniles under eighteen years of age resulting in juveniles
being involveu in a wide range of unacceptable behavior including vandalism, noisy
and rowdy behavior, breaking and entering, public drinking and littering,
harassment of residents, and more serious violent crimes including battery and
murder.
The city council further finds that the offensive activities of the juveniles
are not easily controlled by existing laws and ordinances because the activities are
concealed whenever police officers are present and that the establishment of
reasonable curfew regulations will enable the community to better control the free
and unobstructed access to the streets and public places by the majority of
to read as follows:
In the following exceptional cases a minor on a city street during the
nocturnal hours prescribed for minors shall not however, be considered in violation
of the curfew.
A. When accompanied by a parent of such minor;
B. When accompanied by an adult, at least twenty-one years of age,
who is not the parent and who is authorized by a parent of such minor to
take said parent's place in accompanying said minor for a designated period
of time and purpose within a specified area;
C. When exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom of speech
and the right of such exercise by first delivering to the person designated by
the chief of police to receive such information, at the police department
located at 626 East Broadway, a written communication, signed by the
juvenile and countersigned by a parent of the juvenile with their home
address and telephone number, specifying when, where and in what manner
the juvenile will be on the streets (during hours when the curfew is
otherwise applicable to said minor) in the exercise of a First Amendment
right;
D. In case of reasonable necessity for a juvenile remaining on the
streets, but only after the juvenile's parent has communicated to the person
designated by the chief of police to receive such notifications the facts
establishing the reasonable necessity relating to specified streets at a
designated time for a described purpose including points of origin and
destination. A copy of the communication, or of the police record thereof,
duly certified by the chief of police to be correct, with an appropriate
notation of the time it was received and of the names and addresses of the
parent and juvenile, shall be admissible evidence;
E. When returning home from and within one hour after the
termination of a school or city sponsored activity, or an activity of a
religious or other voluntary association, of which prior notice, indicating
the place and probable time of termination, has been given in writing, to
and duly filed for immediate reference by, the person designated by the
chief of police on duty at the police station, thus encouraging, as in other
exceptional situations, responsible conduct on the part of juveniles involved
in such activities and striking a fair balance for any conflicting interests;
F. When engaging in the duties of bona fide employment or traveling
directly, without undue delay or detour from home to the place
employment, or from the place of employment to the home;
G. When the minor is in a motor vehicle for the purpose of interstate
travel, either through, beginning or ending in West Memphis;
H. With respect to the hours between 8:30 a.m. and 2:30 p.m. on
Mnr~day, Tuesday, Wednesday, Thz~n°sday or Friday only, it is a defense
that the p~rrblic or private school which the mzrror atterzc~s was riot in
residents and will enable the police to act reasonably and fairly to prevent the
violation of laws and ordinances by juveniles.
The city council further finds and has determined that curfew meets a very
real local need and that curfew ordinances in other communities have been a factor
in minimizing juvenile delinquency. A curfew in the city is particularly appropriate
in view of the basic residential nature of the community and the sense of the
community that there is a proper time for the cessation of outdoor activities of
juveniles. This attitude of the community is reflected in the curfew hours declared
by this chapter which takes into consideration the danger hours for nocturnal
came.
The city council frrr•ther, finds that special circrmrstances exist within >he
' (.'ity that call for the Special regulation of nrirlors within the (_'ity in order 10
protect them from each other rnrd, from other persons nn the street during the
nocturnal hours crud during normal school hours, whelher• public, private or home
schooling ro aid in crime prevention, to promote parental supervision acrd
authority rn~er minors and to decrease nocturnal crime rates and crime rates
drrl7rTg school horns.
West Memphis is basically a family community. Parental responsibility for
the whereabouts of children is the accepted norm by a substantial majority of the
community. Legal sanctions to enforce such responsibility have had demonstrated
effectiveness in many communities over the years. The city council has determined
that as parental control increases there is a likelihood that juvenile delinquency
decreases and that there is a need for nocturnal curfew for juveniles in West
Memphis and that the establishment of a curfew applicable to juveniles will
reinforce the primary authority and responsibility of parents and guardians over
juveniles in their care and custody.
SECTION 2. Section 6.38.030 of the West Memphis Municipal Code is hereby amended
to read as follows:
(a) It is unlawful for any person seventeen or less years of age (under eighteen) to
be or remain in or upon the streets within the city at night during the period ending
at 5:00 a.m. and beginning:
A. At twF:lve midnight on Friday and Saturday nights; and
B. Ten p.m. on all other nights.
(h) It shall he unlawful for any person seventeen or less years of age (ender
eighteen) to he 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 aulomohile, bicycle or other vehicle in, upon, over or through the streets, or
other public places hehween the hours of 8:30 a.m. crud 2:30 p.nr. Monday,
Tuesday, Wedirecday, Thursday, or Friday.
SF('TION 3. Section 6.38.040 of the West Memphis Municipal Code is hereby amended
session, that the mirror is being home schooled in accordance with
Ar•karrsas lmv acrd a recess has beer) declcrred by the home school teacher,
that the minor- is a high school gr•adlrate or has arr equivalent certifcatior),
or• that the mllr0l• l.S orr an excused absence from his or• her place of
schooling, provided that a disciplinary srrspensior) nr expulsion is not .
deemed hrr excused crbserrcc for the propose of this 4r•dirrance.
~['TION 4. All ordinances or parts of ordinances in conflict herewith are hereby
~.
repealed to the extent of any such conflict.
PASSED AND APPROVED this ~_ day of ~uhy , 2001.
WILLIAM H. JOHNSO ,MAYOR
ATTEST:
HILLIP ,CITY CLERK
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CITY CLERKS OFFICE
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