Be mindful of curfew ordinance

By Officer Mike "Tiny" Bearden/ Be Informed
Posted Jul 01, 2009 @ 11:00 AM
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Since I have made several contacts with some of our children on the streets of Heber the last couple of nights, I thought it would be a good time to talk about the curfew ordinance. The following is the ordinance 2000-7.
It shall be unlawful for the parent, guardian or any person standing in loco parentis  with respect to any person under the age of eighteen (18) years( hereinafter, minor) to permit such minor; and for any Minor, to be or remain upon the streets, alleys or highways, parking lots, whether public or private, parks playgrounds within any business establishment in the City of Heber Springs, Arkansas during the following periods:
( a ) from 12:00 A.M. to 5:00 A.M. on Friday and Saturday nights; and
( b ) from 11:00 A.M. to 5:00 A.M. on all other nights.
It shall be a defense to prosecution for violation hereof that:
( a ) the Minor is accompanied by his/her Parent;
( b ) the Minor is accompanied by an adult, least twenty-one (21) years of age who possess a written authorization from the Parent to accompany the said Minor for a designated period of time, for a specific purpose and written a specific area, which such authorization shall include name, address and telephone number of such parent;
( c ) the Minor is proceeding directly from his place of employment, a school or city sponsored event, or a function, and within one (1) hour after the conclusion thereof, to his/her place of residence; provided that the said Minor has in his/her possession a written, dated statement from his/her Parent, specifically authorizing such Minor to travel from his/her place of employment or from any such function, which such authorization shall include the name, address and telephone number of such parent.
Upon the first violation of the provision hereof the Minor shall be required to accompany police officials to the Police Department whereupon the Parent of such Minor will be notified by telephone or other means of communication that the Minor has been found in violation of this Ordinance. The Parent shall be required to come to the Police Department and take charge of the Minor. If the Parent is unavailable, or cannot be located within a reasonable time, police officials shall release the said Minor in accordance with Arkansas and Federal law. Upon any such first violation, a written warning citation shall be issued to the Minor and his/her Parent, either in person or by certified mail. A copy of the said written citation as maintained in the records of the Heber Springs Police Department shall be sufficient proof of its service for all purposes hereof.
Upon conviction of a second or subsequent violation of the prohibitions hereof, the Parent of the Minor, shall be fined not less than Fifty ($50.00) Dollars, nor more than Two Hundred Fifty ($250.00) Dollars.
Upon conviction of a third or subsequent violation of the prohibitions hereof, the Parent of the Minor shall be fined not less than one Hundred ($100.00) Dollars, nor more than Five Hundred ($500.00) Dollars.
Upon conviction of a fourth or subsequent violation of the prohibitions hereof, the Chief of Police shall report the Minor to juvenile authorities as a juvenile in need of supervision, and the Chief of Police shall also refer the matter to the City Attorney for the City of Heber Springs and/or other appropriate authorities.
That is the curfew ordinance. If your child is already on a FINS (family in need of service) or on probation with the juvenile courts the encounter with Heber Springs Police Officers may result in the juvenile probation officer called. Depending on that phone conversation the Minor may be transported to Batesville Juvenile Detention or be placed on house arrest. The minor’s parents may be instructed to contact the probation officer on the next business day or have to be in her office. This ordinance is to protect our children and our community. If you have any question feel free to write me at Heber Springs Police 1001 W. Main Street Heber Springs, AR 72543.
 

Since I have made several contacts with some of our children on the streets of Heber the last couple of nights, I thought it would be a good time to talk about the curfew ordinance. The following is the ordinance 2000-7.
It shall be unlawful for the parent, guardian or any person standing in loco parentis  with respect to any person under the age of eighteen (18) years( hereinafter, minor) to permit such minor; and for any Minor, to be or remain upon the streets, alleys or highways, parking lots, whether public or private, parks playgrounds within any business establishment in the City of Heber Springs, Arkansas during the following periods:
( a ) from 12:00 A.M. to 5:00 A.M. on Friday and Saturday nights; and
( b ) from 11:00 A.M. to 5:00 A.M. on all other nights.
It shall be a defense to prosecution for violation hereof that:
( a ) the Minor is accompanied by his/her Parent;
( b ) the Minor is accompanied by an adult, least twenty-one (21) years of age who possess a written authorization from the Parent to accompany the said Minor for a designated period of time, for a specific purpose and written a specific area, which such authorization shall include name, address and telephone number of such parent;
( c ) the Minor is proceeding directly from his place of employment, a school or city sponsored event, or a function, and within one (1) hour after the conclusion thereof, to his/her place of residence; provided that the said Minor has in his/her possession a written, dated statement from his/her Parent, specifically authorizing such Minor to travel from his/her place of employment or from any such function, which such authorization shall include the name, address and telephone number of such parent.
Upon the first violation of the provision hereof the Minor shall be required to accompany police officials to the Police Department whereupon the Parent of such Minor will be notified by telephone or other means of communication that the Minor has been found in violation of this Ordinance. The Parent shall be required to come to the Police Department and take charge of the Minor. If the Parent is unavailable, or cannot be located within a reasonable time, police officials shall release the said Minor in accordance with Arkansas and Federal law. Upon any such first violation, a written warning citation shall be issued to the Minor and his/her Parent, either in person or by certified mail. A copy of the said written citation as maintained in the records of the Heber Springs Police Department shall be sufficient proof of its service for all purposes hereof.
Upon conviction of a second or subsequent violation of the prohibitions hereof, the Parent of the Minor, shall be fined not less than Fifty ($50.00) Dollars, nor more than Two Hundred Fifty ($250.00) Dollars.
Upon conviction of a third or subsequent violation of the prohibitions hereof, the Parent of the Minor shall be fined not less than one Hundred ($100.00) Dollars, nor more than Five Hundred ($500.00) Dollars.
Upon conviction of a fourth or subsequent violation of the prohibitions hereof, the Chief of Police shall report the Minor to juvenile authorities as a juvenile in need of supervision, and the Chief of Police shall also refer the matter to the City Attorney for the City of Heber Springs and/or other appropriate authorities.
That is the curfew ordinance. If your child is already on a FINS (family in need of service) or on probation with the juvenile courts the encounter with Heber Springs Police Officers may result in the juvenile probation officer called. Depending on that phone conversation the Minor may be transported to Batesville Juvenile Detention or be placed on house arrest. The minor’s parents may be instructed to contact the probation officer on the next business day or have to be in her office. This ordinance is to protect our children and our community. If you have any question feel free to write me at Heber Springs Police 1001 W. Main Street Heber Springs, AR 72543.
 

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