A. Definitions: As used in this Section:
LEGAL GUARDIAN: A person appointed guardian, or given custody of, a minor by a circuit court of the State, but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act.
MINOR: A person who is above the age of eleven (11) years but not yet eighteen (18) years of age.
B. Liability Of Parent Or Legal Guardian Of Minor Offender: The parent or legal guardian of an unemancipated minor who has custody of such minor shall be liable for any fine, condition or restitution or reparation imposed by a court upon a minor for a violation of any provision of any ordinance of the Village Code; provided, the minor has not paid the fine or made restitution or reparation within the time ordered by the court; and further provided, that said parent or guardian has been served with summons or notice to appear in the original cause as provided by law.
C. Liability For Damages To Persons Or Property: In the absence of evidence to the contrary, the parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed to have failed to exercise proper parental responsibility and said minor shall be deemed to have acted with the knowledge and permission of the parent or guardian in violation of this Section whenever such minor shall:
1. Be adjudicated to be in violation of any ordinance, law or statute prohibiting willful or malicious acts causing injury to a person or property, or
2. Have incurred nonjudicial sanctions from another governmental agency resulting from an admission of guilt or violation of any ordinance, law or statute which prohibits willful or malicious acts causing injury to a person or property. However, said parent or legal guardian shall first receive from the Village Police Department a written notice following said minor's adjudication or nonjudicial sanction, by registered or certified mail, return receipt requested, or by person service with a certificate of such service, and the acts of said minor in violation of any ordinance, law or statute prohibiting wilful or malicious acts causing injury to a person or property which cause such presumption of failure to exercise proper parental responsibility shall have occurred within one year following receipt of said written notice.
Any person violating the provision of this Section including any parent who has failed to exercise proper parental responsibility as provided in this Section shall pay the actual damages resulting therefrom, but not exceeding any limit provided by section 5 of "An act to authority recovery of damages from parents or legal guardians due to the willful injury to person or property by minor children", in addition to such fines as otherwise provided by this Chapter.
D. Parental Responsibility In General: It shall be unlawful for any person including a parent or legal guardian, to knowingly or wilfully cause, aid or encourage any unemancipated minor to violate or attempt to violate any Federal or State law or Municipal ordinance or to knowingly or wilfully act in such a manner as to directly tend or cause a child to violate or attempt to violate any Federal or State law or Municipal ordinance. (Ord. 94-O-18, 8-19-1994)