A. Rules And Definitions:
1. The language set forth in the text of this section shall be interpreted in accordance with the following rules of construction:
a. The singular of any word includes the plural thereof and the plural of any word includes the singular thereof.
b. The word shall is mandatory; the word may is permissive.
c. The masculine gender includes the feminine and neuter.
d. A person knows, or has knowledge of, a fact or event if the person knows or reasonably should know of the existence or occurrence of the fact or event.
2. As used in this chapter, unless the context otherwise requires, the terms specified have the meanings ascribed to them hereinbelow.
ADULT PERSON: Any individual age eighteen (18) or older.
ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
CONTROLLED SUBSTANCE:
a. Any drug, or substance, or immediate precursor thereof, listed in the schedules set forth in 720 Illinois Compiled Statutes 570/204 through 210, as amended;
b. Cannabis; and
c. Alcoholic beverages and liquor.
GATHERING: Any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity.
INTOXICATED CONDITION: A state wherein one is affected temporarily with diminished control over one's mental and physical powers, caused by consumption of a controlled substance.
MINOR: A person above the age of eleven (11) years, but not yet nineteen (19) years of age.
OWNER: A person either holding title to, leasing, residing upon or in any way having a possessory interest in real property.
PARENT OR LEGAL GUARDIAN: Any person who is the birth parent or who has legal custody of a minor as natural, adoptive, or stepparent, as a legal guardian, or as a person to whom legal custody has been given by order of court.
REASONABLE STEPS: Controlling access to alcoholic beverages at a gathering, controlling the quantity of alcoholic beverages present at a gathering, verifying the age of persons attending the gathering by inspecting driver's licenses or other government issued identification cards to ensure that underage persons do not consume alcoholic beverages while at the gathering, supervising the activities of minors and underage persons at the gathering, and calling for police assistance in the event underage persons are in possession of alcohol at the gathering, or advising the Fox Lake police department in advance of departing one's residence that the parent or legal guardian will be away from his or her residence and no underage person is authorized to be present at the residence and consume alcohol at the owner's residence.
RESIDENCE: Any home, yard or field which is a part of the residential premises, apartment, condominium, hotel or motel room, or other dwelling unit whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.
TRESPASS: An unlawful entry upon or to the property of another.
UNDERAGE PERSON: Any person less than twenty one (21) years of age.
UNEMANCIPATED MINOR: A minor still under the care and custody of his or her parents.
VANDALISM: The wilful or malicious injury to person or damage to property by a minor within the village of Fox Lake, whether such property is owned by the state of Illinois, county of Lake, village of Fox Lake, or other governmental body, or by a private person or entity.
B. Duty Of Parent Or Legal Guardian And Civil Responsibility For Vandalism And The Possession Or Consumption Of Alcoholic Beverages Or Other Controlled Substances; Acts And Failures Prohibited:
1. Parental Supervision: It shall be unlawful for any parent or legal guardian to fail to take reasonable steps in the parental supervision of a minor.
2. Unlawful To Permit: It shall be unlawful for a parent or legal guardian to knowingly suffer or permit his or her child or a person who is in his or her custody or control and who is a minor or underage person to:
a. Commit an act of vandalism; or
b. Trespass upon property of another or operate any motor vehicle after the minor's consumption of an alcoholic beverage or after taking a controlled substance where the controlled substance impairs the ability of the minor to operate a motor vehicle.
3. Vandalism: It shall be unlawful for any person to commit an act of vandalism and in such event the parent or legal guardian of an offending unemancipated minor may be civilly liable for damages to person or property under the provisions, limitations and terms of this chapter.
4. Liability:
a. 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, including damages caused by a minor who has been adjudicated a delinquent for violating section 21-1.3 of the criminal code of 1961.
b. The village may enforce the liability imposed by this section, and reasonable attorney fees may be awarded up to fifteen thousand dollars ($15,000.00) if the village is the plaintiff, and in an unlimited amount 1 if a private person is the plaintiff.
c. No recovery under this section may exceed twenty thousand dollars' ($20,000.00) actual damages for each person, or legal entity as provided in 740 Illinois Compiled Statutes 115/5, for the first act or occurrence of such wilful or malicious acts by the minor causing injury, and thirty thousand dollars ($30,000.00) if a pattern or practice of wilful or malicious acts by a minor exists for a separate act or occurrence, in addition to taxable court costs and attorney fees. In determining the damages to be allowed in an action under this section for personal injury, only medical, dental and hospital expenses and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto may be considered.
C. Activity Constituting A Public Nuisance:
1. It shall be unlawful for any owner, tenant, or person in control of any premises to permit, host, or knowingly allow any activity to occur on that premises that the owner, tenant, or person in control of such premises knows, or reasonably should know, will endanger the peace and safety of the residents of the village of Fox Lake.
a. Acts which are hereby declared to endanger the peace and safety of the residents of the village of Fox Lake shall include, but are not limited to, the following:
(1) Possession or consumption of an alcoholic beverage or other controlled substance by minors where such possession or consumption is prohibited by village of Fox Lake ordinances or Illinois statute;
(2) Possession or consumption of an alcoholic beverage or other controlled substance by persons in an intoxicated condition;
(3) Possession or consumption of an alcoholic beverage or other controlled substance by others which is prohibited by any village of Fox Lake ordinance or Illinois statute from possession or consumption of alcoholic beverages or controlled substances;
(4) Possession or consumption of alcoholic beverages by any person under twenty one (21) years of age; provided, however, that a person under twenty one (21) years of age may possess and consume alcoholic beverages in the performance of a religious service or ceremony; and
(5) Creating, permitting or facilitating such circumstances and conditions which, taken as a whole, constitute a condition of encouraging and contributing to the delinquency of minors.
b. Upon being given notice by any member of the Fox Lake police department or a cooperating law enforcement authority, of the existence of any one or more of the activities set forth in subsection C1a of this section, the owner, occupant or manager of the real property upon which any such activity occurs shall immediately act to terminate such activity. Failure to do so shall constitute a violation of this section.
2. It shall be unlawful for any person under the age of twenty one (21) to possess or consume any alcoholic beverage, or for any minor to possess or consume any other controlled substance where prohibited by village of Fox Lake ordinance or prohibited by Illinois statute, except as provided in subsections C1a(4) and C3 of this section.
3. It shall be unlawful for any parent, legal guardian or person standing in loco parentis of a minor to knowingly permit, or knowingly facilitate, any person under twenty one (21) years of age to consume alcoholic beverages or other controlled substances to the point of intoxication or physical or mental impairment. Provided, however, medications taken, facilitated, or administered pursuant to, and in accordance with, a valid prescription from a licensed healthcare provider are not prohibited under the proscriptions of this subsection if given, taken or facilitated in accordance with such valid prescription and the pharmacological cautions or warnings provided with the prescription are followed.
D. Renting Of Hotel Rooms For Persons Under Twenty One Years Of Age:
1. No person shall rent a hotel or motel room in the village from the proprietor or agent thereof if the person knew or reasonably should have known that persons under the age of twenty one (21) years would possess or consume alcoholic beverages or controlled substances in the room, where prohibited by other village of Fox Lake ordinances or Illinois statute.
2. No parent, legal guardian, or other person having custody or control of any minor shall knowingly permit, encourage or facilitate such minor to engage in conduct which would cause a violation of subsection D1 of this section.
3. Any person who pays, in whole or in part, for a hotel or motel room or facility knowing that the room or facility is to be used by any person under twenty one (21) years of age for the unlawful consumption of alcoholic beverages and such consumption causes the intoxication of the person under twenty one (21) years of age, shall be liable for damages to any person who is injured in person or property by such intoxicated person under twenty one (21) years of age.
E. Sentence Of Supervision:
1. The court may, upon a plea of guilty or a stipulation by the offender of the facts supporting a charge or a finding of guilt filed pursuant to this chapter, defer further proceedings and the imposition of a fine, or impose a fine and defer further proceedings, and enter an order for supervision of the offender having regard for the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that:
a. The offender is unlikely to commit further offenses; and
b. The offender and the public would be best served if the offender were not to have a record of conviction; and
c. In the best interests of justice an order of supervision is more appropriate than a fine, or a larger fine than that assessed and otherwise permitted under this chapter.
2. The court shall consider the statement of the village prosecutor with regard to the standards set forth in this subsection.
3. The court may not enter an order of supervision where the offender has previously been placed under an order of supervision one or more times within the past year for violation of this chapter, or two (2) or more times for violation of this chapter within any five (5) year period.
4. To the fullest extent permitted by law, offenses under this section and dispositions of such offenses under this section may be charged, heard, and disposed of through the administrative hearing officer process of the village of Fox Lake. Dispositions of charged offenses shall be consistent with the provisions of this chapter. Nothing herein shall prohibit the village from charging violations of this chapter in the circuit court of Lake County.
F. Conditions Of Supervision:
1. When an offender is placed on supervision, the court shall enter an order for supervision specifying the period of such supervision, and shall defer further proceedings in the case until the conclusion of that period.
2. The period of supervision shall be reasonable under all of the circumstances of the case, but shall not be less than six (6) months nor longer than two (2) years for the first offense, and shall not be less than one year nor longer than two (2) years for any subsequent offense.
3. The court shall, as a condition of supervision, require that the person:
a. Make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
b. Pay a fine not to exceed seven hundred fifty dollars ($750.00) and costs for each offense.
4. The court may, in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the offender as determined for each offender in the proper discretion of the court, require that the person:
a. Work or pursue a course of study or vocational training;
b. Undergo medical, psychological, or psychiatric treatment; or treatment for substance abuse;
c. Attend or reside in a facility established for the instruction or residence of offenders on supervision;
d. Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss. The court shall determine the amount and conditions of payment;
e. Perform some reasonable public service work such as, but not limited to, the picking up of litter in public parks or along public highways or the maintenance of public facilities; and
f. In addition, if the offender is an unemancipated minor:
(1) Reside with his parent or legal guardian or in a foster home;
(2) Attend school; or
(3) Attend a nonresidential program for youth.
5. The court shall defer entering any judgment on the charges until the conclusion of the period of supervision.
6. At the conclusion of the period of supervision, if the court determines that the offender has successfully complied with all of the conditions of supervision, the court shall discharge the offender and enter a judgment dismissing the charges.
7. Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law for conviction of a misdemeanor.
8. Neither the village of Fox Lake nor any official or employee thereof acting in the course of his or her official duties shall be liable for any tortious acts of any person placed on supervision who is given any public service work as a condition of supervision, except for wilful misconduct or gross negligence on the part of the village of Fox Lake, its officials or employees.
9. No person assigned to a public service employment program shall be considered an employee for any purpose, nor shall the village of Fox Lake be obligated to provide any compensation or employment benefits to such person.
10. A disposition of supervision is a final order for the purposes of appeal.
G. Penalty:
1. Any parent or legal guardian found to have knowingly permitted or suffered a minor to commit an act of vandalism or trespass in violation of subsection B2 of this section shall be fined not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) for the first offense and not less than seven hundred fifty dollars ($750.00) for each subsequent offense.
2. Any person found to have knowingly committed an act of vandalism shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense.
3. Any person under the age of twenty one (21) found to have possessed or consumed any alcoholic beverage or controlled substance, except as permitted by subsections C1a(4) and C3 of this section, shall be deemed to have violated this chapter and shall pay a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) for the first offense and not less than seven hundred fifty dollars ($750.00) for each subsequent offense.
4. Any owner, tenant, or person in control of any premises found to have caused, permitted, hosted or allowed any activity constituting a public nuisance in violation of subsection C of this section shall be fined not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) for the first offense and not less than seven hundred fifty dollars ($750.00) each subsequent offense.
5. Except as otherwise provided in this subsection G, any person who violates any provision of this chapter shall be fined not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) for the first such offense, and not less than seven hundred fifty dollars ($750.00) for each subsequent offense. (Ord. 2011-01, 1-11-2011)
Notes
| 1 | 1. Subject to 740 ILCS 115/3. |