A. As used in this section, unless the context otherwise requires, the terms specified have the meanings ascribed to them in this subsection:
DELINQUENT ACTS: Those acts which violate the statutes of the state of Illinois or the ordinances of the village or those acts which would cause or tend to cause a minor to come under the jurisdiction of the juvenile court act, as amended, but shall not include violations of the Berkeley vehicle code or similar violations of the Illinois vehicle code, as amended.
LEGAL GUARDIAN: A person appointed guardian or given custody of a minor by a circuit court of this state, but does not include a person appointed guardian or given custody of a minor under the juvenile court act, as amended.
MINOR: A person who is under eighteen (18) years of age.
B. It shall be the continuous duty of the parent or legal guardian of any minor to exercise reasonable control to prevent the minor from committing any delinquent act. The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed a delinquent act with the knowledge and permission of the parent or legal guardian in violation of this section, upon the concurrence of the events described as follows:
1. An unemancipated minor residing with a parent or legal guardian who shall be adjudicated to have committed a delinquent act or shall have incurred nonjudicial sanctions from another official agency resulting in an admission of guilt of having committed a delinquent act;
2. Said 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 a certificate of personal service returned, from the village police department following said adjudication or nonjudicial sanction; and
3. If, at any time within one year following the receipt of the notice set forth in subsection B2 of this section, said minor is adjudicated to have committed a delinquent act or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of committing a delinquent act.
C. Any parent, legal guardian or other person commits improper supervision of a minor when he knowingly permits a minor in his custody or control under the age of eighteen (18) years to associate with known thieves, burglars, felons, narcotic addicts or other persons of ill repute, visit a place of prostitution, commit a lewd act, commit an act tending to break the peace or violate the curfew ordinance.
D. The parent of an unemancipated minor is liable for actual damages for the wilful or malicious acts of the minor which cause injury or loss to the property of the public or any person.
E. A minor shall be deemed to have committed the offense or offenses enumerated in this chapter with the knowledge, consent, acquiescence and permission of the parent.
F. The parent shall be liable for restitution or reparation in an amount equal to the actual loss or damage to the property or for the pecuniary reimbursement imposed by a court upon the minor defendant for violation of this section. When the court orders restitution or reparation, the court shall determine the amount of and conditions for payment. If the parties have not agreed on the amount of damages, the judge shall conduct a separate hearing on that issue. The measure of liability shall be the cost of repairing partially damaged property or the depreciated replacement cost of repairing partially damaged property or the depreciated replacement cost of the property that is damaged beyond repair. The amount of the actual loss or damage shall be presumed to be that amount represented by the lower of not less than two (2) bona fide itemized estimates of the damages incurred or by an actual bill for repair or replacement presented by the victim. The defendant shall then have an opportunity to challenge the reasonableness of the cost set forth in the documents. If the conditions of payment are not satisfied, the court may, upon the motion of the village and within the limits set forth in this subsection impose such additional penalties as it deems appropriate. In cases of actual or pecuniary loss or damage to public property, the court, on petition of the village, may, in its judgment and absolute discretion, in addition to or in lieu of any restitution, reparation or fine, direct that any minor found guilty perform appropriate and reasonable services to or for any public entity.
G. No parent of a minor shall be held liable for damages as provided in this section unless he or she is made a party defendant in the proceeding in which the order against the parent is entered. A parent or legal guardian shall be made a party defendant by having received a written notice setting forth the charges against the minor either served personally or by certified mail. (2016 Code)