(A) Purpose and intent. Minors are just as likely as adults to be involved in a wide range of unacceptable behavior including vandalism, alcohol and drug use, breaking and entering, damage to property and disorderly conduct. A breakdown or loss of supervision and guidance by parents and legal guardians contributes to minors being involved in such conduct. The city has an obligation to provide for the protection of the general public and for the reduction of the incidence of juvenile criminal activity. The city seeks to provide such protection through enforcement of parental control over and responsibility for minors. Parental responsibility for the whereabouts and actions of minors is the accepted norm and legal sanctions to enforce such responsibility has demonstrated effectiveness in increasing such responsibility and decreasing juvenile delinquency.
(B) For the purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively.
(1) "LEGAL GUARDIAN." A person appointed guardian, or given custody of a minor by a Circuit Court of the state, except a person appointed guardian or given custody of a minor under the Juvenile Court Act.
(2) "MINOR." A person who is not yet 18 years of age.
(C) The parent or legal guardian of any unemancipated minor residing with such parent or legal guardian shall exercise reasonable and proper care and diligence with respect to their supervision over such minor's whereabouts and actions.
(D) 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 such minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian resulting in such parent or legal guardian being in violation of this section, upon the occurrence of the events described below:
(1) An unemancipated minor residing with such parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law, or statute prohibiting intentional, willful, malicious, or wanton acts which may cause or result in injury to a person or property, or shall have incurred non-judicial sanctions from another official agency resulting from an admission or finding of guilt of a violation of any ordinance, law, or statute prohibiting intentional, willful, malicious acts which may cause or result in injury to a person or property; and
(2) Such 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 police department of the city following such adjudication or non-judicial sanction; and
(3) If at any time within one year following receipt of the notice set forth in (2) above, such minor is either adjudicated to be in violation of any ordinance, law, or statute as described in (l) above, or shall have incurred non-judicial sanctions from another official agency resulting from an admission or finding of guilt of a violation of any ordinance, law, or statute as described in (1) above.
(E) Any person convicted of any violation of the provisions of this section shall be fined not less than $150 nor more than $1,000 for each offense. In addition to any fine imposed hereunder, the offender shall be ordered to pay all of the costs and fees incurred by the city in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.
(Ord. 6514, passed 10-18-77; Am. Ord. 8111, passed 7-5-00; Am. Ord. 8476, passed 4-4-06)