(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LEGAL GUARDIAN. A person appointed guardian to or given custody of a minor by a Circuit Court of the state, but does not include a person appointed guardian to or given custody of a minor under the Juvenile Court Act.
MINOR. A person who is older than 11 years of age but younger than 19 years of age.
(B) 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 in this section with the knowledge and permission of the parent or guardian, upon the occurrence of the following:
(1) An unemancipated minor residing with a parent or legal guardian is either adjudicated to be in violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property, or has incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property;
(2) The parent or legal guardian has 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 Police Department following the adjudication or nonjudicial sanction; and/or
(3) At any time within one year following receipt of the notice set forth in division (B)(2) hereof, the minor is either adjudicated to be in violation of an ordinance, law or statute as described in division (B)(1) hereof, or has incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute.
(C) No person shall fail to exercise proper parental responsibility, as determined in division (B) hereof.
(1999 Code, § 660.06) (Ord. passed 7-26-1976)