CHAPTER 3
CHILDREN AND MINORS
SECTION:
6-3-1: Parental Responsibility
6-3-2: Delivery And Possession Of Weapons
6-3-3: Truancy
6-3-4: Curfew
6-3-5: Delinquency, Encouraging
6-3-6: Sexually Explicit Materials
6-3-1: PARENTAL RESPONSIBILITY:
   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.
6-3-2: DELIVERY AND POSSESSION OF WEAPONS:
   A.   Unlawful Possession: It shall be unlawful for any person under the age of eighteen (18) years to be in possession of any of the following items:
      1.   Bowie, switchblade, ballistic knives, throwing stars or other edged weapons as defined by 720 Illinois Compiled Statutes 5/24-1(1);
      2.   Metallic knuckles or nunchakus;
      3.   Slingshots;
      4.   Arrows designed for firing from a bow or crossbow device, except when such person is engaged in lawful hunting, supervised target shooting or the otherwise legal transportation of such device;
      5.   Stun gun or taser;
      6.   Any device or attachment of any kind designed, used or intended for use in silencing the report of a firearm;
      7.   Machine gun, as defined by 720 Illinois Compiled Statutes 5/24-1(7);
      8.   Any bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one-quarter (1/4) ounce for like purposes, such as, but not limited to, black powder bombs, molotov cocktails, pipe bombs or artillery projectiles;
      9.   Firearms, or the ammunition therefor, as defined by 430 Illinois Compiled Statutes 65/1.1, except when such person is engaged in lawful hunting, supervised target shooting, or the otherwise legal transportation of such device;
      10.   Fireworks, as defined by 425 Illinois Compiled Statutes 30/2.
   B.   Delivery To Minors: It shall be unlawful for any person to deliver, sell, give or offer to any person, under the age of eighteen (18) years, any of the items listed in subsections A1 through A10 of this section.
   C.   Parental Responsibility: It shall be unlawful for any parent or legal guardian to permit or allow any person under eighteen (18) years of age, which person is the legal responsibility of said parent or legal guardian, to be in or to come into the unsupervised possession of any of the items listed in subsection A1 through A10 of this section. (Ord. M-69-94, 10-17-1994)
   D.   Penalty: Any person found guilty of a violation of any provision of this section shall be subject to a fine as provided in the general penalty in section 1-4-1 of this code for each and every offense. (Ord. M-69-94, 10-17-1994; amd. 2002 Code)
6-3-3: TRUANCY:
   A.   Definitions: For the purposes of this section, the following terms, words and their derivations shall have the following meanings:
   CRIMINAL ACTS: The intentional commission of an act or acts which violate the statutes of the state of Illinois or the ordinances of the city.
   LEGAL GUARDIAN: Any foster parent, or any person appointed guardian or otherwise awarded custody of a minor by a court of law in this state, or any person appointed guardian or given custody of a minor under the Illinois juvenile court act, but shall not include any person appointed guardian only of the estate of a minor.
   MINOR: Any juvenile under the age of eighteen (18).
   PARENT: The father or mother of a minor child, whether by birth or adoption. The word "parent" as used in this section shall also be deemed to mean legal guardian. In the event that the minor's parents are divorced or separated within the meaning of the Illinois marriage and dissolution of marriage act 1
, the parent having lawful physical custody of the minor shall be deemed to be the parent authorized to give consent as required by this section.
   VALID CAUSE: For absence means illness, observance of a religious holiday, death in the immediate family, family emergency and other situations beyond the control of the minor as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the health or safety of the minor.
   B.   Truancy Prohibited: It shall be unlawful for any person under the age of eighteen (18) enrolled in a public, private or parochial school within the corporate limits of the city to absent himself from attendance at school, during such period when school is in session, without the permission of his parent or legal guardian for absences for "valid cause" as defined herein or by the school in which the minor is enrolled. Any person who shall so absent himself from school attendance without valid cause or parental permission, as provided herein, shall be guilty of the offense of truancy and, upon conviction, shall be subject to the penalties hereinafter set forth in this section. Emergency or unforeseen absences due to illness or other causes beyond the control of the person so absenting himself from school without parental permission shall not constitute truancy if permission for such absence has substantially been obtained from the parent or lawful guardian and such permission is submitted in writing to the proper school authorities within twenty four (24) hours after such absence.
   C.   Parental Responsibility: It shall be unlawful for a parent or legal guardian to permit his minor child or ward to violate this section.
   D.   Parental Neglect: It shall be unlawful for a resident of the city, as a parent of a minor residing with said parent, to fail to exercise reasonable parental control which results in the minor being convicted of the commission of "criminal acts", as herein defined, or allow the minor to become delinquent in accordance with the juvenile court act as defined by the statutes of the state of Illinois.
   E.   Notice Of Child Arrest: Whenever a minor shall be arrested or detained for the commission of any criminal act within the city, the police department shall immediately notify the parent of such minor and advise the parent of such arrest or detention, the reason therefor and his responsibility under this section. A record of such notification shall be kept by the Des Plaines police department. (Ord. M-66-93, 12-20-1993)
   F.   Penalty:
      1.   Any person who shall so absent himself from school attendance without valid cause or parental permission as provided herein shall be guilty of the offense of truancy and, upon conviction, shall be subject to a fine as provided in the general penalty in section 1-4-1 of this code for each offense, and each day that such person shall absent himself from school attendance shall constitute a separate offense.
      2.   Any person found guilty of "parental neglect", as defined herein, shall be subject to a fine as provided in the general penalty in section 1-4-1 of this code, or sentenced to a penal institution other than the penitentiary or a term of not more than ninety (90) days. (Ord. M-66-93, 12-20-1993; amd. 2002 Code)

 

Notes

1
1. 750 ILCS 5/101 et seq.; 5/401 et seq.
6-3-4: CURFEW:
   A.   Age And Hour Restrictions: It is unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least eighteen (18) years of age approved by a parent or legal guardian, unless attending or traveling to or from a religious, civic, educational or political event or gathering, or unless engaged in a business or occupation which the laws of this state authorize a person less than seventeen (17) years of age to perform:
 
Saturday
Between 12:01 A.M. and 6:00 A.M.
Sunday
Between 12:01 A.M. and 6:00 A.M.
Sunday to Thursday, inclusive
Between 11:00 P.M. and 6:00 A.M. on the following day
A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after speaking with the child and considering the facts and surrounding circumstances, reasonably believes that:
      1.   The child has violated this subsection; and
      2.   There is no legal defense to the violation. (Ord. M-15-04, 4-5-2004)
   B.   Parental Responsibility: It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate the provisions of this section. (Ord. M-21-98, 4-20-1998)
   C.   Penalty: Any person convicted of a violation of this section shall be fined as provided in the general penalty in section 1-4-1 of this code, except that neither a person who has been made a ward of the court under the juvenile court act of 1987, nor that person's legal guardian, shall be subject to any fine 1
. (Ord. M-21-98, 4-20-1998; amd. 2002 Code)

 

Notes

1
1. 705 ILCS 405/1-1 et seq.
6-3-5: DELINQUENCY, ENCOURAGING:
It shall be unlawful for any person, by any act or neglect, to encourage, aid or cause a child to come within the purview of the juvenile authorities; and it shall likewise be unlawful for any person, after notice that a driver's license of any child has been suspended or revoked, to permit such child to operate a motor vehicle during the period that such driver's license is suspended. (1963 Code)
6-3-6: SEXUALLY EXPLICIT MATERIALS:
No person shall distribute or allow to be distributed, or place sexually explicit materials for distribution under circumstances where minors may obtain such materials. For the purpose of this section, a "minor" is defined as a person under the age of eighteen (18).
   A.   Sexually Explicit Materials Defined:
      1.   "Sexually explicit materials" are defined as printed materials which mention sexual gratification, the availability of sexual partners or provides addresses or telephone numbers to contact to meet other persons to fulfill sexual desires.
      2.   Sexually explicit materials may not be distributed under circumstances, or on a premises where the distributor knows that minors are allowed or may be present.
      3.   For distribution where a location is not restricted to adults only, the distributor must request proof of age.
   B.   Exemptions:
      1.   No school employee, administrator, or teacher shall be liable for distribution of sexually explicit materials which are part of a course on human sexuality, biology, or sex education.
      2.   No person shall be liable for the distribution of sexually explicit materials as part of an educational program to prevent pregnancy or the spread of sexually transmitted diseases.
      3.   No librarian or library employee shall be liable for the distribution of sexually explicit materials if such material is distributed as a part of the circulation policies of a public library or library district.
      4.   No doctor, nurse, health practitioner, or other medical professional shall be liable for distribution of sexually explicit materials as a part of their practice, for sexual education, prevention of pregnancy, family planning or prevention of sexually transmitted diseases.
      5.   It shall not be a violation of this section for newspapers of general circulation to publish personal ads or notices directed to other adults.
   C.   Penalties:
      1.   Materials in violation of this section are subject to immediate seizure by the chief of police. The chief shall notify the publisher thereof on the next business day that the sexually explicit materials are being held and that they may be picked up by an authorized representative of the publisher who shall be provided with a copy of this section.
      2.   Prior to the first court date for any citations issued by the police department pursuant to this section, the publisher of said seized materials may request a hearing in writing before the mayor. The hearing shall be scheduled to take place within fourteen (14) days of the receipt of a written request, and scheduled to take place at a time and place designated by the mayor. At the hearing, the parties may present any facts and evidence relating to the action taken by the police department. Based upon the record of said hearing, the mayor shall make a finding and shall sustain, modify or rescind any action taken by the police department. A written report of the hearing decision shall be furnished by the mayor to the publishers to whose material was seized.
      3.   Any person found by a court to have violated any subsection of this section shall be subject to a fine not to exceed five hundred dollars ($500.00) per violation. Each violation of this section shall constitute a separate violation subject to enforcement and penalty as provided herein.
      4.   A subsequent finding by a court of a violation of the provisions of this section shall subject the violator to the imposition of a fine not to exceed one thousand dollars ($1,000.00). (Ord. M-63-99, 12-20-1999)
Loading...