Curfew changes discussed by city

With arrests for curfew violations rising, city attorney Jason Kelley wants to clear up confusing wording, members of the Bella Vista City Council learned during Monday night’s work session.

Work sessions allow the City Council and staff to discuss things, but no formal action can be taken.

“I got to looking at our (curfew) ordinance,” Kelley said. “Subsection A lacks some clarity; it’s just a little confusing.”

The curfew currently forbids anyone under the age of 18 from being outside on public property after 11 p.m. Sunday-Thursday and midnight Friday and Saturday, or before 6 a.m. any day of the week.

Exceptions are in place for any minor accompanied by a parent or guardian, or going to school,

church, any lawfully organized youth activity, or to or from work.

Essentially, he said, it would be ideal to increase the exceptions listed in the ordinance to include any and all constitutionally protected activity. Anyone on their way to exercise a first-amendment right, he said, should not be breaking the law.

In a somewhat related matter, aldermen weighed the prospect of bringing court to Bella Vista.

“Mr. Kelley and I have been talking about this as part of looking toward the future,” Christie said.

The court, according to Christie, would save the people of Bella Vista from driving to Bentonville to handle any sort of legal issues that come up.

City attorney Kelley said that one of the more affordable options would be to hire a judge for a regular

court day once or twice a month. The judge would commute to Bella Vista and hold court here. Aside from paying the judge, the associated expenses would be hiring a court clerk and either purchasing or leasing a location.

With Bella Vista’s growing population, he said, there isn’t much reason not to have a local court.

Further, he said, there are practical reasons to have one. Bella Vista currently gets a day in the district court in Bentonville once each month, meaning that every single case that needs to be presented must be brought in on that specific day and time. And that also means police officers have to be present at that time.

“We’ve had our entire police force in court,” Kelley said.

Discussion turned to a new ambulance to replace an aging unit in the Bella Vista Fire Department’s fleet, which is intended to be converted into a water rescue unit that will serve Bella Vista’s lakes.

“You may remember we

had money set aside for the ambulance,” Christie said, “but then the fire truck came along.” With a good deal available on a new fire truck, aldermen decided to spend the earmarked money on it.

Morgan asked where the vehicle will be housed.

“This ambulance is a reserve ambulance,” said Fire Chief Steve Sims.

The new ambulance, he said, would be kept at station 1 to be ready if needed.

Last on the agenda, and something of a late addition, was a discussion of Bella Vista’s solid waste future.

Mayor Christie said that the plan is to move billing away from the POA and have residents pay Republic Services directly.

Under this proposal, fees would increase by 33 cents per month, but residents would also be provided with free waste bins.

Initially, everyone will get a 95-gallon bin, but those interested in a smaller one can trade it in for a 65-gallon at no charge.

Jennifer Fagan, municipal manager for Republic, said that this would ensure people who aren’t paying do not receive service, and that it could provide a number of benefits.

An extra bin, she said, will cost more per month and, as a result, will force people to choose to either recycle or pay extra.

Additionally, the bins have lids and will keep waste more contained.