(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 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 or the Juvenile Court Act of 1987 (as amended and now ILCS Ch. 705, Act 405, §§ 1 et seq.).
MINOR. A person who is above the age of 11 years, but not yet 19 years of age.
(B) The parent or legal guardian of an unemancipated minor who resides with the parent or legal guardian is liable for actual damages for the willful or malicious acts of the minor which cause injury to property located within the city, including damages caused by a minor who has been adjudicated a delinquent for violating § 21-1.3 of the State Criminal Code of 1961 (ILCS Ch. 720, Act 5, § 21-1.3). Reasonable attorney’s fees may be awarded to a plaintiff that is not a governmental unit in any action under this section.
(C) Any municipal corporation, county, township, village or any other political subdivision or department of the state, or the United States or any of its instrumentalities, or any person, partnership, corporation, association or any incorporated or unincorporated religious, educational or charitable organization, is entitled to enforce the liability imposed by this section.
(D) No recovery under this section may exceed $750 in actual damages for each person or legal entity for each occurrence of a willful or malicious act by the minor causing injury, in addition to taxable court costs and attorney’s fees.
(E) This section shall not affect the recovery of damages in any other cause of action where the liability of the parent or legal guardian is predicated on a common law basis.
(F) Section 12-107 of the State Code of Civil Procedure (ILCS Ch. 735, Act 5, § 12-107), as now or hereafter amended, is not applicable to judgments obtained under this section.
(Ord. 00-60, passed 12-26-2000)
Statutory reference:
Parental Responsibility Law, see ILCS Ch. 740, Act 115, §§ 1 et seq.