- (a) Uniform traffic citation. In lieu of issuing an administrative citation, a military reservation police officer may elect, in his or her sole discretion, to issue a uniform traffic citation for prosecution in the district court having jurisdiction over the offense.
- (b) Persons subject to the Military Code of Arkansas. Any person who violates this part while subject to the Military Code of Arkansas, Arkansas Code § 12-61-101 et seq., may also face disciplinary action under the Military Code of Arkansas.
(c) Restrictions upon driving or entry.
(1) As an additional remedy to the penalties provided herein, any person who repetitiously or egregiously fails or willfully refuses to adhere to this part, or is otherwise perceived to endanger the safety of military personnel or property, may be barred from:
- (A) Entering state military reservations; or
- (B) Operating a motor vehicle on state military reservations.
- (2) The senior military reservation police officer will forward recommendations for suspension of entry or driving privileges to the military reservation commander for an initial hearing and determination.
(3) The military reservation commander, or his or her designee, shall expeditiously review the evidence and initially determine whether the person referred should be:
- (A) Suspended from entering the state military reservation; or
- (B) Suspended from driving on the state military reservation.
(4) The military reservation commander’s initial determination shall be:
- (A) Communicated to the person referred; and
- (B) Forwarded to the Adjutant General for final action.
- (5) Unless the military reservation commander states otherwise, an initial determination shall be enforced while pending review by the Adjutant General.
(6)
- (A) The Adjutant General may reverse, uphold, or modify the initial determination of the military reservation commander.
- (B) The decision of the Adjutant General shall be the final determination of the Arkansas National Guard and Department of the Military.
- (7) Every determination suspending a person from entering or driving upon a state military reservation shall indicate the duration thereof, which shall not exceed two (2) years, unless reexamined to validate the necessity of the suspension.
- (8) Any person who violates an order of suspension may be prosecuted for trespass and such other offenses as may be applicable.
(9)
- (A) The procedures provided in this section are intended to provide a guide for hearing suspension referrals from military reservation police officers.
- (B) These procedures are not intended to create procedural rights in any person.
- (C) Most importantly, these procedures are not intended to restrict the plenary authority of the Adjutant General over state military reservations and access thereto.
(d) Towing.
(1) As an additional remedy to the penalties provided herein, a military reservation police officer may cause a vehicle to be towed, with or without the consent of the vehicle’s owner, when the vehicle:
- (A) Is unattended or abandoned (as defined in Arkansas Code § 27-50-1202);
- (B) Is inoperable;
- (C) Is illegal; or
- (D) Otherwise poses a safety hazard to others.
- (2) The owner of the towed vehicle shall be liable for the costs of towing.
- (3) When reasonably possible, vehicle owners should be allowed to remove their vehicle from the state military reservation prior to nonconsensual towing.