CHILD SAFETY SEAT
At what age does my child have to be in a child safety or booster seat?
Arkansas Law 27-34-104 requires that a child under six (6) years of age or sixty (60) pounds, be restrained in a child passenger seat properly secured to the vehicle. Any child over six (6) and under fifteen (15) years of age must be secured in a seatbelt.
CRIMINAL BACKGROUND CHECKS
How do I obtain one?
Criminal Background Checks - General: The Police Department may provide certain information to the public that is available for public disclosure under the Arkansas Freedom of Information Act. This would include information from the Police Department's Incident/Offense Reports, Accident Reports, Warrant Records, Citations, and Dispatch Logs/Complaint's filed. Exceptions would be for records relating to active/ongoing investigations, certain personnel records, records that have been sealed/expunged by court order, and records involving juvenile offenders or juvenile suspects. There may be some fees associated with processing these requests. The Police Department is prohibited by law from providing criminal history or background information of any kind from the Arkansas Crime Information Center database or the National Crime Information Center database. In addition, we cannot provide information relating to records maintained by any other law enforcement agency. You would need to contact those agencies directly for information from their records. The Arkansas State Police Identification Bureau in Little Rock can provide a more thorough criminal history check that encompasses all jurisdictions in Arkansas. Information on their procedures can be found on the Arkansas State Police webpage by clicking here Background Checks
Background Checks for HUD Housing Applicants:
If someone needs a background check conducted for HUD Housing, the paperwork should be taken to the Police Department's Administrative Assistant during normal business hours and dropped off. The completed forms can usually be picked up after 8:00 AM on the next business day.
How can I be fingerprinted for work/job purposes?
The Police Department can take fingerprints for background purposes and as part of the process of obtaining a concealed carry license. These are normally done as part of an employment or pre-employment process for a government office or agency, such as a school, or for employers such as nursing homes. Fingerprints are taken at the Police Department Office, and are subject to time constraints and availability of personnel. (Due to Covid-19 restrictions fingerprints may not be taken - contact the office prior to arrival to see). There is a charge of $5.00 for fingerprints to be taken.
Can I apply online? How long are the applications kept on file?
The Police Department accepts applications for employment throughout the year. Applications will normally remain on file and active for twelve (12) months from the date they were submitted. Employment Applications are available online. However, submission of those applications to office is not currently available online by electronic means. They must be delivered to the office, mailed or can be emailed. Click on Mountain View Police Application to download application.
PERSONAL PROPERTY EXCHANGES
How can I retrieve my belongings?
Personal Property Exchanges: People frequently contact to the office wanting an officer to accompany them to a residence to retrieve or recover personal property. We will try to assist people at the time they call or come in, if the property exchange or retrieval can be handled in 15 minutes or less. If it will take longer than that, then the parties involved are encouraged to call ahead arrange for an officer to come in at a pre-arranged time to handle the matter. The sole purpose of the officer will be TO KEEP THE PEACE. Any property over which ownership is in dispute will remain with the person who has it until a Judge orders otherwise, regardless of any receipts or paperwork showing who purchased the articles.
How do I get a copy?
Obtaining Copies of Reports and Records: Most Police Department records are public information under the Arkansas Freedom of Information Act and are available for public viewing, and for copying for a nominal fee. There are several exceptions to this, including specifically reports and paperwork relating to criminal cases remaining open and under investigation, certain personnel records, records sealed/expunged by court order, and records relating to juveniles (under 18 years of age). We have an FOI request form that we ask each person to fill out that will help us find or locate the documents they are wanting to view. This will help us track when the request was put in and when it was sent back. We will not compile statistical or comparative data for individuals, nor will staff offer comment on reports or documents prepared and filed by individual officers.
Accident Reports: officers prepare traffic accident reports on accidents they have investigated on city streets. These reports are filed with clerical staff within five (5) to ten (10) days of the date of the accident. There is a nominal fee for copies of these reports. $10.00. Those reports can be obtained under www.crashdocs.org for accident reports. You must have the date of the accident and the MVPD Accident report number to purchase it.
Private Property accident reports. These are reports from an incident on private property. Parking lot accidents, incidents involving damage to a parked car are examples of Private Property reports. These will be on an RPS incident report form. Incident Reports can be obtained from the Police Department office for $10.00 a copy.
How do I get one and when do they go into effect?
ORDERS OF PROTECTION:
- Orders issued by the Circuit Court to protect victims in Domestic Violence situations.
- To be eligible, the victim must have been in a "Domestic Type Relationship" with the offender, within the definition of the law. The definition includes married people, people related within the 4th degree of consanguinity, people who have lived together, had a child together, or have been in a dating relationship. Parents or advocates may also obtain, or assist in obtaining, Orders of Protection on behalf of others in some circumstances.
- Application/Petition forms to obtain Orders of Protection are available at the Circuit Clerk's Office. The Clerk may assist applicants in filling out the forms.
- There are no costs associated with this order, no filing fees, no service fees.
- The completed application form is presented to a Circuit Judge for review.
- The victim/applicant may have to answer questions from the Judge before he decides whether or not to issue the order. There must be sufficient grounds to issue the order.
- If the application is approved, the Circuit Judge will issue an Ex Parte (Temporary) Order of Protection. This Order will be delivered to the Sheriff's Office to be served on the offender. The Order has no validity and cannot be enforced until and unless the offender has been served with the Order.
- When the offender is served, the Order will specify a court hearing date and time. The offender may appear to challenge the Order at that time.
- At the time of the hearing, the Judge may make the order permanent (up to 10 years), may modify the provisions of the order, or may drop or terminate the temporary order.
- The order may award temporary custody of children or dependents to the applicant/victim, may order spousal support, may award temporary possession of a residence or personal property, and may prevent the offender from having any contact with the victim, the victim's children, family, or etc.
- Any person who violates any provision of the Order of Protection has committed a crime, specifically a Class A Misdemeanor, the punishment for which is up to a $1,000 fine and/or up to one (1) year in jail. The Judge issuing the Order can also punish for Contempt of Court.
- Officers may make an arrest without a warrant if there is probable cause to believe the Order of Protection has been violated or broken by the offender.
- Mutual (two-way) Orders of Protection are not permitted, however the parties involved may obtain separate Order of Protection against one another if grounds exist to convince a Judge to grant them. Victims of Domestic Violence are encouraged to apply for Orders of Protection, because it is a crime to violate them. This gives law enforcement much great authority to enforce the provisions of these orders and results in a new charge being filed. The same cannot be said for violating other kinds of orders.
- These are civil court orders generally issued in divorce cases.
- There are filing fees and service fees involved, and the services of attorney are generally required to obtain a Restraining Order.
- A person who defies the provisions of a Restraining Order has not committed a criminal offense. The remedy for violating a Restraining Order is to petition the court to hold the offender/violator in Contempt of Court, the punishment for which is generally a small civil fine. Restraining Orders are generally ineffective in Domestic Violence cases because they have no real teeth to them.
NO CONTACT ORDERS:
- Any person taken into custody for a criminal offense resulting from a Domestic Violence incident will generally be issued a standing No Contact Order at the time of his or her release from custody. This order is issued as a condition of bail or condition of release.
- The order remains in effect until lifted or terminated by a Judge, but can generally be valid for no more than two (2) years.
- A person who violates a No Contact Order has not committed a crime, rather he or she has violated the conditions of bail or release and can be taken back into custody by the officer until appearing in person before a Judge. The bail is basically revoked.
What are the different levels and what do they mean?
Convicted Sex Offenders are required by law to register with law enforcement. The Mountain View Police Department is the law enforcement agency that handles the registration process of all Sex Offenders who reside in Stone County. There are four (4) levels of Sex Offenders under Arkansas Law. The levels represent the likelihood the Offender will re-offend.
Level 1 - Least likely to re-offend Level 2 - Moderate risk to re-offend Level 3 - High Risk to re-offend Level 4 - Sexually Violent Predator
A convicted Sex Offender, who is assigned a risk level of 1, 2, or 3, is required to come in to the Police Department every 6 months to re-register. A level 4 Sex Offender is required to come in every 3 months to re-register. When a Sex Offender moves into the State of Arkansas, they are required to be evaluated before they are assigned a risk level. This process sometimes will take several months before the State assigns a risk level. Law Enforcement is not allowed to notify the public UNTIL a risk level has been assigned by the State of Arkansas. ACIC's link to search for sex offenders on the website Arkansas Crime Information Centers Website
What or who determines which sex offenders go on the website?
The Mountain View Police Department is responsible for notifying the public of where Registered Sex Offenders live. Under Arkansas Law, we are only allowed to do public notification for Level 3 and Level 4 Sex Offenders. In 2007, a law was passed allowing us to do public notification on Level 2 Sex Offenders IF the Sex Offender was 18 years of age or older and the Victim was age 14 or under when the crime was committed. In addition to posting the information on the website, we may also do door to door notification within an area surrounding the residence of the Sex Offender. Officers use flyers showing the Offender's picture and information about their crime, and go door to door notifying the neighbors of who the Sex Offender is and where they live.
TOWING OF VEHICLES
When does law enforcement tow vehicles?
The Police Department has authority to impound and tow vehicles under limited circumstances. These are:
* When the driver of the vehicle was lawfully stopped by law enforcement and the vehicle has been seized, with or without the driver being arrested.
* When the vehicle has been disabled in a traffic accident and the owner/operator is not at the scene or is incapacitated and unable to make or request specific arrangements for the removal of the vehicle.
* When the vehicle is illegally parked in violation of Arkansas Statutes or City Ordinances. Examples would include handicapped parking violations, blocking the roadway, parking within an intersection or crosswalk, parking too close to a fire hydrant or traffic control sign, and several other reasons.
Towing from Private Property:
Private Property owners may, themselves, arrange for the towing of any motor vehicle that has been left or abandoned without permission or consent on their property. The Property Owner will be responsible for contacting a towing service to have the vehicle removed. The Police Department cannot become involved in that procedure. The Police Department cannot tow or remove a vehicle from privately owned property unless the vehicle has been seized by the Police Department as the result of a criminal violation.
Recommendation of Services:
The Police Department is prohibited by law from recommending the services of any particular tow company or wrecker service.
WARRANT OF ARREST
How do I find out if I have a warrant for my arrest? What do I do if I have one?
The Police Department maintains hundreds of Warrants of Arrest issued by the District Court and Circuit Court. Any person can obtain information on arrest warrants pertaining to himself or herself by placing a phone call to the office. Such information as the date of the warrant, charge(s)specified on the warrant, bond amount, and issuing court can be provided. Many arrest warrants are served by officers working in the field, either during vehicle stops or by visiting the last known home address or work address of the person named in the warrant. Other warrants are served when people voluntarily surrender themselves to law enforcement after learning a warrant exists for their arrest. Most warrants will have a bond specified by the court that a person in custody is required to post before being released. Other warrants are "No Bond" warrants, and the person must remain in custody until appearing before a Judge for further proceedings. On those warrants that have a bond amount specified, the Police Department will accept either cash for the bond or a surety bond issued by a professional licensed bail bonding company. Any person wanting information about an arrest warrant or how to take care of an active warrant should contact the Police Department. We will make every effort to make a reasonable accommodation to allow the person satisfy the warrant within the boundaries of the law and department policy.
Will the Police Department check on the personal welfare of people in their homes?
The Police Department frequently receives requests to perform what we term a "Welfare Check" on another person. These generally occur when people are unable to reach a family member or close friend in Mountain View and are concerned about the personal health and welfare of that person. We will generally dispatch an officer to the address provided by the caller to see if contact can be made with the person in question. If contact is made, and if deemed appropriate and necessary, the officer will conduct a brief, cursory and informal investigation to determine the physical and/or mental health and well-being of the person, without violating his or her privacy rights. The officer or dispatcher will then re-contact the caller to provide information on what was learned.
Another frequent request is one from a parent for a officer to check on the "welfare" of minor children in the permanent or temporary custody of the other parent. The Police Department will generally agree to make one (1) such welfare check on the children, provided the parent making the request can provide specific reasons based on facts that the welfare of the minor children is somehow being jeopardized. Officers will NOT be used by one parent as a tool to harass or intimidate the other parent because of a custody.
Motorcycles, Moped, & Scooters
As used in this subchapter:
(A) "Electric motorized scooter" means a device that:
(i) Weighs less than one hundred pounds (100 lbs.);
(ii) Has two (2) or three (3) wheels;
(iii) Has a handlebar;
(iv) Is equipped with a floorboard that can be used to stand on while riding the electric motorized scooter;
(v) Is powered by an electric motor; and
(vi) Has a maximum speed of twenty miles per hour (20 m.p.h.) with or without human propulsion on a paved level surface.
(B) "Electric motorized scooter" does not include:
(i) A motorcycle, an electric bicycle, an electric personal assisted mobility device, a motor-driven cycle, a motorized bicycle as defined in § 27-20-101, or a moped; or
(ii) An electric bicycle under § 27-51-1702;
(2) "Scooter-share operator" means a person or company offering a shared scooter for hire;
(3) "Scooter-share program" means a service in which a shared scooter is made available to use for hire; and
(4) "Shared scooter" means an electric motorized scooter offered for hire.
27-20-111. Operation of motorized bicycles regulated - Certificate.
(a) The operators of motorized bicycles shall be subject to all state and local traffic laws, ordinances, rules, and regulations.
(b) It shall be unlawful for any person to operate a motorized bicycle upon interstate highways, limited access highways, or sidewalks.
(A) It shall be unlawful for any person to operate a motorized bicycle upon a public street or highway within this state unless the person has a certificate to operate such a vehicle.
(B) Any person who has a motor-driven cycle license or motorcycle license or a Class A, Class B, Class C, or Class D license shall qualify to operate a motorized bicycle and is not required to obtain a certificate from the Division of Arkansas State Police for the operation of a motorized bicycle.
(i) All motorized bicycle certificates shall be issued by the division.
(ii) No certificate shall be issued to a person under fourteen (14) years of age.
(iii) A person under fourteen (14) years of age shall not operate a motorized bicycle within a municipality with a population of ten thousand (10,000) or more.
(B) Prior to being issued a certificate to operate a motorized bicycle, the applicant shall take and pass an examination pertaining to the rules of the road, a vision test, and a road test.
(i) The division shall charge a fee of two dollars ($2.00) for each certificate issued.
(ii) The proceeds from these fees shall be deposited into the State Treasury as special revenues and credited to the Division of Arkansas State Police Fund.
27-51-1903. Operation of an electric motorized scooter.
An electric motorized scooter shall not be operated:
(1) By a person under sixteen (16) years of age; or
(2) At a speed greater than fifteen miles per hour (15 m.p.h.).
27-51-1904. Shared scooter - Insurance required.
(1) A shared scooter shall bear a unique alphanumeric identification number.
(2) The alphanumeric identification number shall be:
(A) Visible from a distance of five feet (5′) and not be covered by a branding or other marking; and
(B) Used throughout the state, including by a local authority, to identify the shared scooter.
(b) A scooter-share operator shall carry the following insurance coverage dedicated exclusively for operation of a shared scooter:
(1) Commercial general liability insurance coverage with a limit of no less than one million dollars ($1,000,000) for each occurrence and five million dollars ($5,000,000) aggregate;
(2) Umbrella or excess liability coverage with a limit of no less than five million dollars ($5,000,000) for each occurrence and five million dollars ($5,000,000) aggregate; and
(3) Workers' compensation coverage as required by law.
City of Mountain View ORDINANCE 97-11 (Juvenile Curfew)
(This is not the complete ordinance but only part cut out to describe the ordinance)
It shall be unlawful for any person under the age of 18 years of age to be, or to remain unnecessarily in streets, roads or public ways or public places at night after the hours of ELEVEN (11) p.m. Sunday through Thursday nights and 12:30 A.M. Friday and Saturday nights. It further will be unlawful if any person under 18 years of age to be or to remain unnecessarily in the City streets and public places after the times set out hereinabove and before the houses of 5:30 A.M. on any morning.
Exceptions: The curfew imposed by the provisions of this ordinance shall not apply if the minor person;
- Is accompanied by a parent, guardian or other person responsible for or having legal custody of such minor; or
- Such minor's gainful employment makes it necessary for such minor to be upon the streets, alleys or other places after specified hours; or
- Is on an emergency errand sanctioned by the parent, guardian, or other adult person responsible for having legal custody or such minor;