A. Definitions: The following definitions shall apply in the interpretation and enforcement of this section:
LEGAL GUARDIAN: A person appointed guardian or given custody of a minor by a court, but it does not include a person appointed guardian or given custody of a minor under the juvenile court act, as amended, in the state of Illinois.
MINOR: Any person above the age of eleven (11) but not yet nineteen (19) years of age.
B. Exercise Of Parental Responsibility: It shall be unlawful for the parent or legal guardian of an unemancipated minor residing with such parent or legal guardian to fail to exercise proper parental responsibility by allowing, failing to supervise, or permitting such minor to commit any violation of a city ordinance or state statute concerning battery, curfew, disorderly conduct, fireworks, indecent exposure, intimidation, possession of spray paint or permanent markers, obscene conduct, vandalism, trespass, truancy, loitering, possession of alcoholic beverages, cannabis, controlled substance, or weapons of any kind.
C. Violation: A parent or legal guardian shall be in violation of this section if:
1. The minor has been either adjudicated to be in violation of any ordinance or state statute as described in subsection B of this section (except if found to be not guilty); or has incurred nonjudicial sanctions from any peace officer, police officer, or conservator of the peace resulting from an admission of guilt to an offense of an ordinance or state statute as described in subsection B of this section; and
2. The parent or legal guardian has received a written notice by certified mail, return receipt requested, or by personal service in substantially the following form:
LEGAL NOTICE
To: (Parents' Names)
From: Des Plaines Police Department
You are hereby notified that (minor's name) has been involved in the commission of (specify offense and date of offense), which is a violation of a state statute or city ordinance. If your minor child is again involved in a violation of state statutes or city ordinances involving battery, curfew, disorderly conduct, fireworks, indecent exposure, intimidation, possession of spray paint or permanent markers, obscene conduct, vandalism, trespass, truancy, loitering, possession of alcoholic beverages, cannabis, or controlled substance, or any other offense of willful or malicious nature to persons or property within the next two (2) years, you will be charged with parental irresponsibility.
Conviction for said offense can result in a fine of not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00). You are hereby notified that you must exercise proper parental responsibility over said minor by controlling his unlawful conduct.
3. The minor, within two (2) years of the receipt of the notice by the parent or legal guardian, has been either adjudicated to have committed, has been charged with the violation (except if found to be not guilty), or has admitted to have committed any violation of any ordinance or state statute as described in subsection A of this section.
D. Appearance In Court: It is the policy of the city of Des Plaines that a parent or legal guardian of the minor is charged with a violation of an ordinance or state statute which requires a minor's appearance in court, and that a parent or legal guardian be required to accompany the minor to court. To this end, it is hereby directed that a notice in substantially the following form be sent to the parents or legal guardians of the minor.
LEGAL NOTICE
To: (Parents' Names)
From: Des Plaines Police Department
You are hereby notified that (minor's name) has been charged with an offense which is a violation of a city ordinance or state statute, and which requires the appearance of said minor in court. You are further notified that one of the parents of said minor must appear in court before the case will be tried or be disposed.
If you fail to appear, the city attorney has been directed to have issued a subpoena to bring you into court. Failure to obey a subpoena can result in contempt of court, with a fine or imprisonment as the penalty.
(Ord. M-19-02, 4-1-2002)
E. Penalty: Any person convicted of any violation of the provisions of this section shall be fined as provided in the general penalty in section 1-4-1 of this code for each offense, and in addition may be sentenced to probation or conditional discharge with the conditions being that the parent or legal guardian make restitution or reparation in any amount not to exceed actual loss or damage to property or pecuniary loss. The court shall determine the amount and conditions of payment. Where the conditions or payment have not been satisfied, the court may, at any time prior to the expiration or termination of the period of probation or of conditional discharge, impose an additional fine. The city attorney, at his/her discretion, shall seek to nonsuit and ask for dismissal of charge upon satisfactory termination of the conditions of conditional discharge as set forth by the trial judge. In addition to and in lieu of penalties set forth above, a period of community service not to exceed one hundred sixty (160) hours may be imposed on the minor and parent or legal guardian who violate any provision of this section. Community service may consist of manual labor provided at the school in which the child attends, the city, or it may include library work, documented written projects being submitted by both parent and child, parent effective training, or any other suitable project that the parent and child might participate in that will cause a positive behavioral change. The court is asked to be firm but flexible in the assigning of community service with the intent to quickly modify negative behavioral traits. (Ord. M-19-02, 4-1-2002; amd. 2002 Code)
F. Damage To Persons Or Property:
1. Liability Of Parent: The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property.
2. Recovery Of Damage Costs; Limit: Recovery of damages under this section shall include actual damages occasioned by such minor, which damages shall be payable to the person or entity entitled to such damages; court costs and/or administrative filing fees and attorney costs and fees incurred in enforcement of this section, and any attorney costs and fees, court costs or administrative fees, if any, incurred by the city in the prosecution of such minor for a violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property, if such minor is convicted of violating such a law. In no event shall the amount recoverable under this section exceed the sum of two thousand five hundred dollars ($2,500.00).
3. Judgments; Applicability Of Other Laws: Section 12-107 of the code of civil procedure 1
as amended, is not applicable to judgments obtained under this section.
4. Common Law Damages: Nothing in this section shall 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. (Ord. M-19-02, 4-1-2002)
Notes
| 1 | 1. 735 ILCS 5/12-107. |