Sec. 74-1. State criminal laws, procedures and penalties adopted by reference.
The city hereby adopts the criminal laws and amendments thereto constituting misdemeanors of the state and those portions of the Arkansas Criminal Code (A.C.A. § 5-1-101 et seq.), as the aforesaid criminal code was enacted or may hereafter be amended, setting forth offenses which constitute misdemeanors or violations and which prescribe penalties for such offenses as part of this Code and the laws and/or ordinances of the city as if set out fully in this chapter; provided, no fine in excess of that authorized by A.C.A. §§ 14-55-502, 14-55-504 shall be imposed.
(Code 1973, § 22-1)
State law reference(s)--Authority to adopt regulations includes the state criminal code, A.C.A. § 14-55-207(b); misdemeanor defined, A.C.A. § 5-1-107; violations defined, A.C.A. § 5-1-108.
Sec. 74-2. Communicating false alarm without causing physical injury to a person.
A person commits the offense of communicating a false alarm if without causing any physical injury to a person he purposely initiates or circulates a report of a present, past or impending bombing, fire, offense, catastrophe, gas leak or other emergency knowing that the report is false or baseless and knowing that it is likely to:
(1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies.
(2) Place any person in fear of physical injury to himself or another person or of damage to his property or that of another person.
(3) Cause total or partial evacuation of any occupiable structure, vehicle or vital public facility.
Cross reference(s)--Fire prevention and protection, ch. 46; law enforcement, ch. 58.
State law reference(s)--Communicating a false alarm, A.C.A. § 5-71-210.
Sec. 74-3. BB guns, air rifles, etc.; sale to or possession by minors; liability of parent.
(a) Definitions. For the purposes of this section the following definitions shall apply:
Air rifle or BB gun means any gun using spring or air pressure to shoot or propel any metal or plastic bullet, BB or pellet.
Parent means any natural parent, stepparent, guardian or other person having legal custody or control of a minor.
Residence means the actual home of the minor and shall not include the grounds or lands on which the residence is located.
Slingshot means any contrivance using rubber or other elastic materials to shoot or propel any hard object.
(b) Prohibitions. It shall be unlawful for any person to sell, barter or trade any air rifle, BB gun, slingshot or switchblade knife to any minor. It shall further be unlawful for any minor to have in his possession outside of the residence of the minor any air rifle, BB gun, slingshot or switchblade knife, unless such minor is in the immediate presence of his parent. It shall further be unlawful for any parent of any minor to knowingly permit such minor to have in his possession outside of his residence and while not in the immediate presence of the parent any air rifle, BB gun, slingshot or switchblade knife.
(Code 1973, §§ 22-5, 22-6)
State law reference(s)--Offense of furnishing deadly weapon to a minor, A.C.A. § 5-73-109; carrying a weapon, A.C.A. § 5-73-120.
Sec. 74-4. Discharging firearms.
No person shall fire or discharge a firearm, pistol or any powder or explosive matter without the permission of the mayor. Such permission shall specify and limit the time and place and may be revoked at any time.
(Code 1973, § 22-24)
Sec. 74-5. Throwing missiles.
No person shall throw or cast a stone or other missile upon or at a public or private building or fence or upon or at a person or aid or abet in the same.
(Code 1973, § 22-25)
Sec. 74-6. Contributing to violation of city ordinances.
No person shall conspire with, employ, order or induce any other person, including employees or relatives, to violate any ordinance, law or regulation of the city.
(Code 1973, § 22-8)
State law reference(s)--Criminal conspiracy generally, A.C.A. § 5-3-401 et seq.
Sec. 74-7. Excavations, removal of materials.
No person within the city shall move, take or remove, any earth, stone, sand or other material from any public street, alley, park or other public place, or private property owned by another person, without the consent of the city or the owner of the private property.
(Code 1973, § 22-9)
Cross reference(s)--Streets, sidewalks and other public places, ch. 110.
Sec. 74-8. Topless dancing clubs.
(a) Stage dimensions; no physical contact. All topless entertainment must be performed on a stage a minimum of 18 inches high and a minimum of six feet from the nearest patron; and, further, there shall be absolutely no physical contact or touching by the topless entertainers with any patrons or with any other employees of the establishment.
(b) Dancing on stage only. All topless dancing shall be performed only on the stage, and there shall not be any private dancing or private shows anywhere else in the building other than on stage.
(c) Limited public areas. All patrons shall be required to be in an open area accessible to the public when viewing performances. The only other rooms that patrons shall have access to, other than the open area where patrons view entertainers, shall be the public restrooms.
(d) Intoxicants, alcoholic beverages. No intoxicants or alcoholic beverages of any kind shall be brought into the establishment or consumed by any person.
(e) Persons under 18. No persons under 18 years shall be permitted in the establishment at any time when the establishment is open for business.
(f) Violations. It shall be unlawful for any person to violate or otherwise permit a violation of any provision of this section. For purposes of this section, a person, as set out above in this subsection, shall be deemed to have permitted the violation if:
(1) Having a possessory, proprietary or managerial interest in the premises that he knows are being used for violation of this section, he fails to make a reasonable effort to halt or abate such use; or
(2) He knowingly advances a violation of this section or profits from violation of this section.
(g) Penalty. Any person violating any provision of this section shall be subject to the general penalties as set out in section 1-9 of this Code.
(Code 1973, § 22-15.1)
Sec. 74-9. Carrying a weapon.
(a) A person commits the offense of carrying a weapon if he possesses a handgun, knife, club or crossbow, bow and arrow or other similar device on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person.
(b) As used in this section, unless the context otherwise requires:
Club means any instrument that is specially designed, made or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie and sap.
Handgun means any firearm with a barrel length of less than 12 inches that is designed, made, or adapted to be fired with one hand.
Knife means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing. It includes a dirk, sword or spear in a cane, razor, ice pick and a throwing star, switchblade and butterfly knife.
(c) It is a defense to a prosecution under this section that at the time of the act of carrying, the person is:
(1) In his own dwelling or place of business or on property in which he has a possessory or proprietary interest;
(2) A law enforcement officer, prison guard, or member of the armed forces, acting in the course and scope of his official duties;
(3) Assisting a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of official duties pursuant to the direction or request of the law enforcement officer, prison guard, or member of the armed forces;
(4) Carrying a weapon when upon a journey;
(5) A licensed security guard acting in the course and scope of his duties;
(6) Hunting game with a handgun or crossbow, bow and arrow or other similar device which may be hunted with such a weapon under rules and regulations of the state game and fish commission or is en route to or from a hunting area for the purpose of hunting game with such a weapon; or
(7) A certified law enforcement officer.
(d) Any person who carries a weapon into an establishment that sells alcoholic beverages shall be deemed guilty of a misdemeanor and subject to a fine of not more than $2,500.00 or imprisonment for not more than one year, or both. Otherwise, carrying a weapon is subject to the punishment in section 1-9.
(e) Every person convicted of any violation of this section shall forfeit to the city all such weapons whether concealed or displayed.
(Code 1973, § 22-20)
State law reference(s)--Similar provisions, A.C.A. § 5-73-120.
Sec. 74-10. Possession of weapons by certain persons.
(a) It shall be unlawful for any person who is under the influence of alcohol or a narcotic or drug, to wear or have about his person or in any vehicle in which he is an occupant any firearm or other dangerous weapon.
(b) Every person convicted of any violation of this section shall forfeit to the city all such weapons whether concealed or displayed.
(Code 1973, §§ 22-20, 22-22)
Sec. 74-11. Sale, loan, etc., of weapons to certain persons.
It shall be unlawful for any person to sell, loan or furnish any gun, pistol or other firearm in which any explosive substance can be used to any person whom he knows or has reasonable cause to believe is under the influence of alcohol or any narcotic, drug, stimulant or depressant, or who is of unsound mind, or who is a member of any subversive organization.
(Code 1973, § 22-21)
Sec. 74-12. Assault.
(a) A person commits assault if he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.
(b) Assault is a misdemeanor and upon conviction shall subject the violator to the punishment provided in section 1-9.
State law reference(s)--Similar provisions, A.C.A. § 5-13-205.
Sec. 74-13. Hindering apprehension or prosecution.
(a) A person commits an offense under this section if, with purpose to hinder the apprehension, prosecution, conviction or punishment of another for an offense, he:
(1) Harbors or conceals the person.
(2) Provides or aids in providing the person with a weapon, money, transportation, disguise or other means of avoiding apprehension, discovery or effecting escape.
(3) Prevents or obstructs anyone from performing an act which might aid in the discovery, apprehension, or identification of the person by means of force, intimidation or the threat of such, or by means of deception.
(4) Conceals, alters, destroys or otherwise suppresses the discovery of any fact, information or other thing related to the crime which might aid in the discovery, apprehension or identification of the person.
(5) Warns the person of impending discovery, apprehension or identification.
(6) Volunteers false information to a law enforcement officer.
(b) Hindering apprehension or prosecution is a misdemeanor if the conduct of the person assisted in violation of this section is a class D felony or unclassified felony, unless the person in violation was assisting an escapee from correctional custody sentenced after being found guilty of a felony. Otherwise it is a misdemeanor classed one degree below the misdemeanor constituted by the conduct of the person assisted in violation of this section.
State law reference(s)--Similar provisions, A.C.A. § 5-54-105.
Sec. 74-14. Reserved.
Editor's note--Ord. No. 2898, § 1, adopted March 9, 1999, repealed the provisions of former § 74-14 which pertained to the prohibition of fortunetelling and derived from the Code of 1993.
Sec. 74-15. Curfew for minors.
(a) Findings and purpose: The city council for the city, finds that special circumstances exist within the city that call for special regulation of minors within the city in order to protect them from each other and from other persons on the street during the nocturnal hours, to aid in crime prevention, to promote parental supervision and authority over minors, and to decrease nocturnal crime rates.
(b) Definitions: For purposes of this curfew ordinance, the following terms, phrases, words, and their derivations shall have the meanings ascribed to them by this section:
(1) City is the City of Springdale, Arkansas.
(2) Emancipated minor means a minor who no longer has a parent-child relationship as a result of marriage, or as a result of being recognized as an adult by order of a court of competent jurisdiction.
(3) Legitimate parentally approved errand means a minor performing a necessary task at the direction of the minor's parent, and the nonperformance of the errand, or delay of performance until after curfew hours have abated, would result in injury or undue hardship.
(4) Minor is any unemancipated or unmarried person under the age of 18 years of age.
(5) Parent is any person having legal custody of a minor (i) as a natural parent, (ii) as an adoptive parent, (iii) as a legal guardian, (iv) as a person to whom legal custody has been given by order of the court.
(6) Public places means a publicly or privately owned place to which the public or substantial numbers of people have access. A public place does not include the residence of a minor, or the residence of a minor's parent, or a responsible adult.
(7) Responsible adult means a person at least 21 years of age to whom a parent has expressly given permission to accompany a minor.
(c) Curfew for minors:
(1) It shall be unlawful for any minor to be upon the streets, sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon, drive or otherwise operate or be a passenger in any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the following hours:
a. On Sunday through Thursday evenings from 11:00 p.m. through 5:00 a.m. (six hours);
b. On Friday and Saturday evenings beginning at midnight through 5:00 a.m. (five hours).
(2) It shall be unlawful for any parent to permit a minor to be upon the streets, sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon, drive or otherwise operate, a vehicle in, upon, over or through the streets, or other public places in violation of subsection (c)(1) above. The fact that a minor is in violation of the provisions of subsection (c)(1) hereinabove, without a defense as set forth in section 74-15(d), shall create a rebuttable presumption that a parent is in violation of this subsection.
(d) Exceptions to curfew:
(1) Notwithstanding the provisions of section 74-15(c), the minor curfew ordinance does not apply:
a. At any time a minor is accompanied by a parent, or by a responsible adult authorized by a parent to take the parent's place to accompany the minor for a designated period of time and purpose within a specified area.
b. If the minor is employed, for a period of time 45 minutes after work, provided that circumstances suggest the minor is returning from work to a place of residence.
c. When a minor is returning home from an activity that is supervised by adults and sponsored by the city, a civic organization, a public or private school, or any entity that takes responsibility for the minor, provided that the activity has not concluded for more than 45 minutes.
d. At any time the minor is on a legitimate parentally approved errand.
e. At any time the minor is on a trip in interstate commerce.
f. At any time the minor is required to leave a residence because of an emergency.
g. At any time the minor is engaged in an activity that is protected by the First Amendment to the United States Constitution, or the freedom of speech, religion or expression provisions in Article II of the Arkansas Constitution.
(2) If a minor being questioned about the possible violation of the curfew ordinance provides a law enforcement officer with sufficient reason to believe that the minor is entitled to an exemption under subsection (d)(1) above, the law enforcement officer shall take no enforcement action under this article, provided the officer may make a report of the minor's identity, the exemption claimed, and other necessary information to note the possible violation of this article.
(e) Penalties and law enforcement:
(1) A parent or minor found to be in violation of this article shall be subject to the penalties provided in section 1-9 of the Springdale Code of Ordinances.
(2) At the discretion of the law enforcement officer, any minor receiving a citation for violation of the minor curfew ordinance may be released to immediately return home, may be escorted to their home, or may be taken into custody and delivered to an appropriate juvenile authority to be held until a parent can be located to take custody of the minor.
(3) Nothing in this section shall preclude a law enforcement officer from taking any or all appropriate actions for a minor's violation of any other local or state law.
(Code 1973, § 22-7; Ord. No. 2519, 9-24-96)
Sec. 74-16. Reserved.
Editor's note--Ord. No. 2800, adopted Jan. 27, 1998, repealed § 74-16 in its entirety. Formerly, § 74-16 pertained to picketing and derived from the 1993 Code.
Sec. 74-17. Reserved.
Editor's note--Ord. No. 2899, § 1, adopted March 9, 1999, repealed the provisions of former § 74-17 which pertained to the prohibition of distributing handbills on vehicles on city-owned property and derived from Ord. No. 2756, §§ 1, 2, adopted July 8, 1997.
Sec. 74-18. Reserved.
Editor's note--Ord. No. 2899, § 1, adopted March 9, 1999, repealed the provisions of former § 74-18 which pertained to the
prohibition of distributing handbills on vehicles on private property and derived from Ord. No. 2768, §§ 1--3, adopted
Aug. 12, 1997.
Sec. 74-19. Prohibition of smoking.
(a) Prohibition on smoking at Springdale Public Library. Smoking shall be prohibited at the Springdale Public Library in the City of Springdale, Arkansas, and further, smoking is prohibited within a distance of 25 feet outside the front door of the Springdale Public Library, so as to ensure that tobacco smoke does not enter the area through the front entrance.
(b) Posting of signs. A no smoking sign shall be posted approximately 25 feet from the front entrance of the Springdale Public Library, which states, "No Smoking Allowed Beyond This Point by Springdale City Ordinance."
(c) Penalties. Any person violating this section shall be subject to the penalties set out in section 1-9 of this Code.
(Ord. No. 3509, §§ 1--3, 5-25-04)
Editor's note--Ord. No. 3509, §§ 1--3, adopted May 25, 2004, added provisions that did not specifically amend the Code. At the editor's discretion, said provisions have been included herein as § 74-19.
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