A. Prohibited Act: It shall be unlawful for any person to commit an act of vandalism within the village limits.
B. Definitions: For the purpose of this section, the following definitions shall apply:
ACT OF VANDALISM: Includes any of the following:
1. Wilfully, maliciously or knowingly causing destruction, injury, disfigurement or defacement of any public or private property, including, but not limited to, placement thereon of any inscriptions, symbols, words or phrases, drawing or paintings, commonly referred to as graffiti, by means of brushed or spray paint, tar, acid, grease, oil or other such substances, or to cutting, ripping, tearing or breaking any of said property without the prior consent of the owner or person having custody of said property;
2. Wilfully, maliciously or knowingly causing an explosion or fire on any public or private property, without the prior consent of the owner or person having custody of said property; and
3. Wilfully, maliciously or knowingly placing on any public or private property without the prior consent of the owner or person having custody thereof any compound having an offensive odor or emitting smoke, thereby interfering with the use and occupancy of any building located on said property.
LEGAL GUARDIAN: Includes a foster parent or a person appointed guardian of a person or given custody of a minor by court order, but shall not include a person appointed guardian only of the estate of a minor, or appointed guardian or given custody of a minor under the Illinois juvenile court act 1 .
MINOR: Includes a person who is not yet eighteen (18) years of age.
PARENT: Includes the lawful father and mother of a minor child, whether by birth or adoption.
PERSON: Includes any individual, partnership, corporation or organization of any kind.
PROPERTY: Includes any real estate, together with any building, fence, tree, shrub, plant or other improvements thereon, and any tangible personalty.
C. Restitution: Any person found guilty of an act of vandalism under this section may be required, in lieu of or in addition to the payment of a fine as provided in this section, to make full restitution for all resultant damages, to the victim or victims of such vandalism, by monetary payment or property repairs.
D. Parental Notice And Responsibility:
1. In the case of a minor person who is accused of violating any of the provisions of this section and who is residing with a parent or guardian at the time of such purported violation, the police department shall, within three (3) days thereof, notify such parent or guardian, in writing, either personally or by certified or registered mail, return receipt requested, that such minor has been accused of vandalism.
2. The parents or legal guardians of any unemancipated minor person who is above the age of eleven (11) years and who is found guilty of a wilful or malicious act of vandalism under this section may be required to provide restitution of all resultant damages to the victim or victims of such act of vandalism but only to the monetary extent otherwise provided by the parental responsibility law of the state of Illinois then in force and effect.
E. Duty To Restore Property: It shall be the duty of the owner or person having custody of property which has been subjected to an act of vandalism, resulting in the placement thereof of any inscriptions, symbols, words or phrases, drawings or paintings, commonly referred to as graffiti, to remove the same or otherwise restore the property to its condition prior to the act of vandalism. Failure by such owner or person to remove the graffiti or otherwise restore the property within ten (10) days after service upon such owner or person of written notice to do so by the police department, either personally or by certified or registered mail, return receipt requested, shall be deemed a violation of this section. (Ord. O-10-93, 6-28-1993)
F. Penalty: Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as provided in the general penalty in section 1-3-1 of this code. (Ord. O-10-93, 6-28-1993; amd. 2004 Code)
Notes
| 1 | 1. 705 ILCS 405/1-1 et seq. |