A. Definitions: For purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively:
LEGAL GUARDIAN: A person appointed guardian, or given custody of a minor by a circuit court of the state, but does not include a person appointed guardian, or given custody of a minor under the juvenile court act 1 .
MINOR: A person who is above the age of eleven (11) years, but not yet nineteen (19) years of age. (1976 Code § 130.050; amd. Ord. 04-03-08, 3-15-2004)
B. Presumption:
1. The parent or legal guardian of an unemancipated minor residing with the parent or legal guardian shall have a duty to exercise proper parental responsibility of the minor so as to prevent the minor from violating any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property.
2. The parent or legal guardian of an unemancipated minor residing with the parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and the minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or legal guardian, in violation of this section, upon the occurrence of the events described in subsections B2a, B2b and B2c of this section as follows:
a. An unemancipated minor residing with the parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property; and
b. The parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with certificate of personal service returned, from the police department of the village following the adjudication or nonjudicial sanction; and
c. If at any time within one year following receipt of the written notice set forth in subsection B2b of this section, the minor commits an act and as a result of that act, the minor is subsequently either adjudicated to be in violation of any ordinance, law or statute as described in subsection B2a of this section or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described in subsection B2a of this section. (1976 Code § 130.051; amd. Ord. 04-03-08, 3-15-2004)
C. Penalty: Whoever violates this section shall be fined pursuant to the schedule of fines set forth in subsection 1-3-1A of this code. (Ord. 10-04-07, 4-5-2010)
Notes
| 1 | 1. 705 ILCS 405/1-1 et seq. |