Nevada County Picayune and Gurdon Times Newspaper Archive

Gurdon Curfew Soon To Be Permanent

Gurdon's temporary emergency curfew will soon become permanent, as the Gurdon City Council heard the first reading of a curfew ordinance.

This was done during the regular meeting of the council, Monday, Sept. 11.

The ordinance was composed by Gurdon Mayor Rick Smith, with a copy sent to the city's attorney for examination before it's approved by the council.

"I thought the curfew was an emergency measure," said council member Mickey Jones. "I didn't thing we had to have an ordinance. If we pass it it's always there."

Smith agreed, saying an ordinance is a law, but added the Gurdon Police Department currently can't write a ticket or fine anyone for violating the curfew because the city has no ordinance.

Gurdon City Marshal David Childres said he now favors a curfew ordinance, though he didn't when the issue was brought up a few years ago. He added, there have been no violations of the emergency curfew to date.

Smith said the ordinance could be amended by the council, if the need arises, but an ordinance is needed so a fine can be imposed.

He suggested the council poll their constituents and see if the people want a permanent curfew ordinance or not.

The fine for curfew violation under the proposed ordinance is from $100 to $500 on the parent(s) of the minor committing the infraction.

The curfew is for those 17 and under, up to their 18th birthday.

Also under terms of the ordinance, those who violate it more than three times "shall be reported by the city marshal to the juvenile authorities as a juvenile in need of supervision and the city marshal shall refer the matter to the Clark County Prosecuting Attorney and/or the Arkansas Department of Human Services and/or other authorities."

Council member Karen Parker asked what would be done about Halloween, as it falls on a Tuesday night this year.

Should there be no changes made by the city attorney to the proposal, it could be passed at the October council meeting, Monday, Oct. 9, and become effective Tuesday, Oct. 10, as the ordinance contains an emergency clause which would allow this to be done.

Otherwise, the ordinance would have to be read on three consecutive months before being passed.

According to the ordinance, the council finds there has been a "significant breakdown" in the supervision normally provided by certain parents and guidance for juveniles under 18, resulting in juveniles being involved in a wide range of "unacceptable behavior."

It further reads the offensive activities of the juveniles aren't easily controlled by existing laws and ordinances because the activities are "concealed" when police officers are present.

The establishment of a reasonable curfew regulations, it reads, will enable the community to better control the free and unobstructed access to the streets and public places by the majority of residents and enable the police to act reasonably and fairly to prevent the violation of laws and ordinances by juveniles.

The ordinance states it meets a "very real need" and such ordinances have been enacted in other communities, which have been a factor in minimizing juvenile delinquency.

Under the terms of the curfew, it will be in effect from midnight Friday and Saturday nights, and 11 p.m. all other nights, ending at 5 a.m. daily.

There are, however, some exceptions to the curfew.

Juveniles can be out past these hours when accompanied by a parent; or an adult at least 21 with the parent's authorization with a designated time and purpose; and when exercising first amendment rights protected by the U.S. Constitution, such as the free exercise of religion or freedom of speech.

Juveniles are also to be 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, with prior notice to the Gurdon Police Department.

Other exceptions include when the juvenile is going home from work, or going to work, or is in a motor vehicle for the purpose of interstate travel either through, beginning or ending in Gurdon.