Public Awareness - Curfew Information

Protecting the Youths of Fort Smith
Curfew laws restrict the rights of juveniles to be outdoors or in public places during certain hours of the day. Such laws aim to establish a safer community and to better protect kids from becoming victims of crime or becoming involved in delinquent behaviors.


Curfew: What Parents & Juveniles Should Know
Sec. 14-101. Imposed.

It shall be unlawful for any person under the age of eighteen (18) years to be, or to remain on, the city streets or rights-of-way or in other outdoor public places during hours of darkness after 10:30 p.m. Sunday through Thursday nights, and after 12:30 a.m. on Saturday and Sunday mornings; provided, however, the hours of curfew during the Christmas holidays when the public schools in the city are not in session shall begin at 12:30 a.m. on all mornings during such holidays.

(Code 1976, ' 19-42; Ord. No. 44-95, 5-16-95)


Sec. 14-102. Exceptions.

The curfew imposed by the provisions of this division shall not apply if the minor person:
  1. Is accompanied by a parent, guardian or other person responsible for or having legal custody of such minor;
  2. Such minor's gainful employment makes it necessary for such minor to be upon the streets, alleys or other public places after the specified hours; or
  3. Is on an emergency errand sanctioned by the parent, guardian or other adult person responsible for or having legal custody of such minor.
(Code 1976, ' 19-43)


Sec. 14-103. Responsibility of parent, etc.; penalty.

It shall be unlawful for any parent, guardian or other adult person responsible for or having the lawful care, custody and control of any person under the age of eighteen (18) years of age to allow, permit or suffer such minor to violate the provisions of section 14-101.

(Code 1976, ' 19-44)


Sec. 14-104. Duty of operator, etc., of establishment where violations occur; penalty.

It shall be unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, to permit any minor under the age of eighteen (18) years to loiter, loaf or idle in such place or on the premises during the hours prohibited by this division. When such owner, operator or person in charge of such place of business shall find such a minor or minors under the age of eighteen (18) on the premises, he shall order such person to leave and if such minor refuses the owner or operator shall notify the police department and inform them of such violation.

(Code 1976, ' 19-45)


Sec. 14-105. Waiver permit--Authorized.

The chief of police may issue a waiver of curfew permit, which will extend the curfew to a time which is thirty (30) minutes after the scheduled termination time of the activity for which the permit is granted, to any group of persons subject to the provisions of this division which is sponsored by either a public or parochial school or church within the city or is sponsored by adults, associated with either a public or parochial school, for the purpose of supervising annual senior day and night activities at public or parochial schools in the city.

(Code 1976, ' 19-46)


Sec. 14-106. Same--Conditions.

A waiver of curfew permit may be issued only when the planned activity complies with the following conditions:
  1. A written application must be filed with the chief of police not less than seven (7) days prior to the date for which the waiver is requested.
  2. The application must be signed by one (1) or more of the adult sponsors of the group.
  3. The application must show the location of the event for which the waiver is requested.
  4. The application must show the type of function or activity for which the waiver is requested.
  5. The application must show the time the activity or function will commence and the time that it will end.
  6. The application must show the name and address of the sponsor of the event.
  7. The application must show the names of the adult supervisors who will be in attendance at the function.
  8. There will be not less than one (1) adult supervisor for each ten (10) minor children or portion thereof.
  9. The waiver will not be granted for any child under sixteen (16) years of age and the adult supervisor signing the application must certify that none of the participating children is under sixteen (16) years of age.
  10. It shall be the responsibility of the adult supervisors to notify the parents of all of the minors that the waiver has been granted, if it is, and the date and hour when the waiver will expire.
(Code 1976, ' 19-47)

Secs. 14-107--14-115. Reserved.