05/29/2026
We have received several questions regarding Juvenile Curfew. Instead of trying to address each one individually, I figured that a post would be the best. The following is straight from the city website word for word. If there any questions, please reach out to the Police Department or myself.
Chief Keith Graham
CHAPTER 7.12
JUVENILE CURFEW
Sections:
7.12.01 Need for juvenile curfew
7.12.02 Need for new ordinance
7.12.03 Need to preserve family environment
7.12.04 Definitions
7.12.05 Provisions
7.12.06 Exceptions
7.12.07 Parental responsibility
7.12.08 Enforcement procedure
7.12.09 Penalties
7.12.10 Extension
7.12.01 Need for juvenile curfew The City Council of the city of Lonoke hereby finds there has been a significant breakdown in the supervision normally provided by certain parents and guidance for juveniles under eighteen (18) 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. (Ord. No. 412, Sec. 1.)
7.12.02 Need for new ordinance The City Council further finds that offensive activities of 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
streets and public places by the majority of residents and will enable the police to act reasonably and fairly to prevent the violation of the laws and ordinances by juveniles. (Ord. No. 412, Sec.
1.)
7.12.03 Need to preserve family environment The City Council further finds and has determined that a 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 Lonoke 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 ordinance which takes into consideration the danger hours for nocturnal crime and crime committed during normal school hours.
Lonoke 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 and curfew during normal school hours for juveniles in Lonoke 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. (Ord. No. 412, Sec. 1.)
7.12.04 Definitions For the purposes of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
Juvenile or minor is any person under the age of eighteen (18) or, in equivalent phrasing often herein employed, any person seventeen (17) years of age or less.
Parent is any person having custody of a juvenile (i) as a natural or adoptive parent, (ii) as a legal guardian, (iii) as a person who stands in loco parentis, (iv) as a person to whom legal custody has been given by order of a court of competent jurisdiction. Remain means to stay behind, to tarry and to stay unnecessarily upon the streets,
including the congregating of groups (or of interacting minors) totaling three (3) or more persons in which any juvenile involved would not be using the streets for ordinary or serious purposes
such as mere passage or going home. To implement that, the thought with additional precision and precaution, numerous exceptions are expressly defined in this ordinance so that this is not a mere prohibition of presence of juveniles. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulations.
Street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term street includes the legal right-of-way, including but not limited to, traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term street applies irrespective of what it is called or
formally named, whether alley, avenue, court, road or otherwise. The term street also includes shopping centers, parking lots, parks, playgrounds, public buildings, the common areas of public
housing developments and similar areas that are open to the use of the public.
Time of night referred to herein is based upon the prevailing standard of time, whether Central Standard Time or Central Daylight Savings Time, generally observed at that hour by the public in the city, prima facie the time then observed in the city police station.
Years of age continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that seventeen (17) or less
years of age be treated as equivalent to the phrase "under eighteen years of age." (Ord. No. 345,
Sec. 2.)
7.12.05 Provisions
A. It shall be unlawful for any person seventeen (17) or less years of age (under eighteen [18] )to be or remain in or upon the streets within the city of Lonoke at night during the period ending at 5:00 a.m. and beginning at 12:00 midnight on Friday and Saturday nights, and at 10:00 p.m. on all other nights.
B. It shall be unlawful for any person seventeen (17) or less years of age (under eighteen [18]) to be on or upon the streets within the city of Lonoke, Arkansas, during the day between the hours of 9:00 a.m. and 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday, or Friday. (Ord. No.412, Sec. 2.)
7.12.06 Exceptions In the following exceptional cases, a minor on a city street during the nocturnal hours prescribed for minors shall not be considered in violation of this curfew
ordinance:
A. When accompanied by a parent of such minor;
B. When accompanied by an adult, at least twenty-one (21) years of age, who is not the parent and who is authorized by a parent of such a 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 on 203 West Front Street, 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 at night (during hours when the Curfew Ordinance is otherwise applicable to said minor) in the
exercise of First Amendment rights.
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 (1) 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, this
encouraging, as in other exceptional 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 Lonoke. (Ord. No. 345, Sec. 4.)
H. With respect to the daytime hours between 9:00 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 purposes of this ordinance. (Ord. No. 412, Sec. 4.)
7.12.07 Parental responsibilities It shall be unlawful for a parent of a juvenile to permit or allow the juvenile to be or remain upon any city street under circumstances not constituting an
exception to, or otherwise beyond the scope of, the Curfew Ordinance. This ordinance is intended to hold neglectful or careless parents to a reasonable community standard of parental
responsibility through an objective test. It shall be no defense that a parent was indifferent to the activities or conduct or whereabouts of such juvenile.
A. Police procedures shall be refined in light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under
appropriate circumstances.
B. When a parent or guardian has come to take charge of the juvenile, and the
appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released in accordance with Arkansas and federal law;
C. In the case of a first violation by a juvenile, the Police Department shall by
certified mail or direct service, send and/or deliver to a parent written notice of
the violation with a warning that any subsequent violation will result in full
enforcement of the curfew ordinance, including enforcement of parental
responsibility and of applicable penalties. (Ord. No. 345, Sec. 5.)
7.12.08 Enforcement procedure
A. If a police officer reasonably believes that juvenile is on the streets in violation of the curfew ordinance, the officer shall notify the juvenile that he or she is in
violation of the ordinance and shall require the juvenile to provide his or her
name, address and telephone number and how to contact his or her parents or
guardian.
B. In determining the age of the juvenile and in the absence of convincing evidence, a police officer shall use his or her best judgment in determining age.
(Ord. No. 345, Sec. 6.)
7.12.09 Penalties
A. If, after the warning notice pursuant to 7.12.07 of a first violation by a juvenile, a parent violates 7.12.08 (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 One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00).
B. Any juvenile who shall violate any of the provisions of the curfew ordinance
more than three (3) 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 Lonoke County Prosecuting Attorney and/or Arkansas Department of Human Services and/or other appropriate authorities.
C. It shall be unlawful for any minor to operate, or be in actual physical control, of a motor vehicle upon the streets, public places, or private drives, within the city of Lonoke between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday, or 12:00 a.m. and 5:00 a.m. Friday and Saturday. Pursuant to this provision no minor shall be permitted to operate a motor vehicle in violation of the provisions of this ordinance. In addition to any other criminal or traffic penalties that may be
imposed or any other actions available under 7.12.09 of this ordinance, unless a
minor has a defense available to it under 7.12.06 of this ordinance, a law
enforcement officer with sufficient reason to believe that a minor has violated the provisions of this ordinance shall attempt to contact the registered owner of the motor vehicle operated by the minor for purposes of having the registered owner retrieve the vehicle. If no contact can be made, or if the registered owner refuses to immediately come and retrieve the vehicle, the officer may take any necessary
action to protect the vehicle including having the vehicle impounded at a facility selected by the city of Lonoke. Any such impoundment shall be at the sole expense of the registered owner.
D. It shall be unlawful for any parent to permit a minor to operate a motor vehicle in violation of the provisions of this ordinance. In addition to any other criminal or traffic penalties that may be imposed, unless a minor has a defense available to it under 7.12.06 of this ordinance, a law enforcement officer with sufficient reason to believe that a minor has violated the provisions of this ordinance may take any action set forth in 7.12.09 (C) of this ordinance. The fact that a minor is in violation of the provisions of subsection (C), without a defense as set forth in 7.1206 of this ordinance shall create a rebuttal presumption that the parent is in
violation of this subsection. (Ord. No. 380, Sec. 1.)
7.12.10 Extension Said ordinance shall continue in full force and effect until such time as said ordinance is specifically repealed by the City Council, which may be repealed at any
time. (Ord. No. 355, Sec. 1.)
