Alexander’s juvenile curfew ordinance adopted in time for summer

The Alexander City Council was able to adopt an ordinance establishing a curfew for minors. But, not before taking a deep dive into the finer points of the proposed ordinance; including how to handle juveniles who can’t be controlled by their parents.

The issue was brought up by Council Member Chris Prowse who asked, “What remedies do we have for parents where the child is a lot bigger and more aggressive than the parent? And, they can't contain the child. So what remedies do we have for them? Instead of just fining them.”

Police Chief Timothy Preator stepped up to explain what happens on domestic calls involving a minor.

“If we get over there, there's, a lot of that goes to the court system,” Chief Preator began. “Our hands are tied whenever it comes to juveniles on a whole lot of things.”

“If we respond over there and say it's a domestic issue or a juvenile has hit its parents or something like that,” Preator continued. “I have to call the on-call juvenile worker and go hey, this kid just punched mom in the mouth. What do you want me to do? At that point normally they say bring them on to juvenile. We'll escort them up there? The juvenile officers then take over that whole thing.”

“As far as an out of control youth, you know, that's just not listening to, not doing all the things that they're supposed to do, once again, our hands are tide,” Preator said. “But, 99% of everything that can happen will go through court once they get into the system. They get the defense petition in order. There's things like C-SIB, this is some big student training program. It's out of Camp Robinson. You've got the Arkansas National Guard needs challenge program. It's out of Camp Robinson. And then there are both the parent military style programs for at risk teens. The programs do work.”

“But as far as on our end, only thing we can do is get there to control the situation,” he said. “Make sure that everything's calm. There's no physical disturbance. Is there anything of that nature? And then we do a process call DHS or juvenile or whoever it may be.”

Back to juveniles who are out past curfew; Chief Preator said anyone who sees a juvenile vandalizing property should contact the police immediately rather than calling the mayor or a council member the next day.

The non-emergency number for the Saline County Sheriff's Office is 501-303-5648. That number goes directly to dispatch without using 911. Preator did emphasize to still call 911 for a real emergency.

The proposed ordinance establishing a juvenile curfew sets the age of a minor as anyone who has not reached the age of 18 years old. The time of curfew will be set, ”[D]uring the period ending at 5:00 A.M. and beginning;

(a) At 12:00 Midnight on Friday and Saturday nights, and

(b) 11:00 P.M. on all other nights.”

Exceptions include;

“(a) When accompanied by a parent of such minor.

(b) When accompanied by an adult, at least 21 years of age, who is not the parent and who is authorized by a parent of such minor, …

(c) 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.

(d) When the minor is in a motor vehicle for the purpose of interstate travel, either through, beginning or ending in the City of Alexander, Arkansas.”

Under penalties; 

“(a) If, after the warning notice pursuant to Section 5 of the first violation by a juvenile, a parent violates Section 6 (in connection with a second violation by the juvenile), this shall be treated as a first offense by the parent. For parental offenses, a parent may be fined not less than $100.00 (corrected) nor more than $500.00.

(b) Any juvenile who shall violate any of the provision of the curfew ordinance more than three times shall be reported by the Police Department to the Juvenile Authorities as a juvenile in need of supervision and the Police Department shall refer the matter to the Saline County Prosecuting Attorney and/or the Arkansas Department of Human Services and/or other appropriate authorities.”

Prowse asked about fining a parent who has a child that insists on breaking curfew.

“I just want to make sure that we, you know, we don't compound the situation, because the kids, the kids that I'm talking about, they're bigger and meaner than their single mother,” Prowse said. “And so, of course, we're going to get them, but then we're going to fine the mother. And then fining the mother puts her in financial difficulty.”

City Attorney Chris Madison explained that it’s the court that determines whether someone is fined. Not the city.

“So, the court, so what this does is it gives you the officers' tools to deal with folks,” Madison said. “So, one, you try to catch the folks as they're becoming delinquent and problematic. The one you're talking about, it imposes the fines, but the court themselves are the ones that are going to make that determination.”

Madison said, “And this is a way that the parents themselves can come to court and ask them this, but they come to court on this and uses the tools to say, I need help.”

The ordinance had its first public reading at the April council meeting. At the May 19 meeting Council Member Juanita Wilson made a motion to only have the second reading allowing another month to get any additional questions answered. It was noted since school ends this week, having only a second reading will leave the city without a curfew during the first month of summer. The motion and second failed.

A second motion was made to have the second and third readings. That motion passed. Ordinances are required to have three public readings but that requirement can be overturned by a two-thirds vote.

(EDITOR'S NOTE: The $100,000 fine has been corrected to $100.00.)