A. Purpose And Intent:
1. Purpose: This section is declared necessary for the preservation of the public peace, health, safety and welfare of the people of the village, and is directed at preventing, reducing and controlling juvenile delinquency within the village as authorized by 65 Illinois Compiled Statutes 5/11-1-8.
2. Intent: The intent of this section is to address situations where parents/guardians have failed to act responsibly and reasonably in the supervision of their minor children to the detriment of the general public.
B. Definitions: For the purposes of this section, the following words shall have the meanings set forth in this subsection:
DELINQUENT ACTS: Refer to those acts that violate the ordinances of the village or of any other municipality or violate the laws of the state of Illinois or of the United States; excluding, however, traffic violations.
ILLEGAL DRUGS: Controlled substances obtained without a legal prescription.
JUVENILE DELINQUENT: Those minors whose behavior and/or acts violate the ordinances of the village or any other municipality or violate the laws of the state of Illinois or of the United States; excluding, however, traffic violations.
MINOR: Shall include persons who are above the age of eleven (11) years, but not yet nineteen (19) years of age.
PARENT: Includes the mother, father, legal guardian and any other person having the care or custody of a minor or any person acting in a parent's stead who has custody or control of a minor.
WARD: A minor to whom a parent/guardian owes parental responsibilities. (Ord. 1120, 10-21-1996; amd. 2011 Code)
C. Duties Of Parent Or Guardian: It is the continuous duty of a parent/guardian of any ward to exercise reasonable control to prevent the ward from committing any delinquent act. Included (without limitation) in this continuous duty of reasonable parental control are the following duties:
1. To keep illegal drugs or illegal firearms out of the home and legal firearms locked in places that are inaccessible to a ward.
2. To know the curfew ordinance of the village (section 6-6-1 of this chapter), and to require the ward to observe the curfew ordinance.
3. To require the ward to attend regular school sessions and to forbid the ward to be absent from class without parental or school permission.
4. To arrange proper supervision for the ward when the parent/guardian must be absent.
5. To take the necessary precautions to prevent the ward from maliciously or wilfully destroying property without the owner's consent.
6. To forbid the ward from keeping stolen property, illegal possession of firearms or illegal drugs, or associating with known juvenile delinquents or criminals, and to seek help from appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.
D. Violation; Penalty:
1. No parent or guardian of any ward under the age of eighteen (18) years shall fail to exercise reasonable parental control over such ward. An adjudication by a court of record that said ward has committed a "delinquent act", as such words are defined in subsection B of this section, shall be considered as evidence that said parent or guardian failed to exercise reasonable parental control.
2. Upon the first adjudication of a ward committing a "delinquent act", as such words are defined in subsection B of this section, a warning notice shall be sent by the police department to the parent/guardian notifying the parent/guardian of such adjudication and the consequences thereof concerning the provisions of this section. (Ord. 1120, 10-21-1996)
3. Upon a subsequent adjudication of a ward committing a delinquent act, as provided above, following the aforesaid notice to parent/guardian, a violation of this section will be deemed to have occurred and the parent/guardian shall be subject to a fine as provided in section 1-4B-1 of this code. (Ord. 1120, 10-21-1996; amd. 2011 Code)
4. In lieu of any payment of any fine for a first offense, the parent/guardian may notify the chief of police, in writing, of his, her or their intention to complete a "parenting" course provided by an acceptable organization recognized locally and/or nationally as being qualified to provide such a course. The cost and expense relating to attendance at such a course shall be the responsibility of the parent/guardian. If the parent/guardian provides proof of completion of the "parenting" course to the chief of police, the chief of police shall have the authority to waive, on behalf of the village, any such fine for the first offense. (Ord. 1120, 10-21-1996)
5. Upon a second violation of this section, the parent/guardian shall be subject to a fine as provided in section 1-4B-1 of this code and, in addition, shall be sentenced to probation with the condition that the parent/guardian shall complete a village approved treatment program.
6. Upon a third or subsequent violation of this section, the parent/guardian shall be subject to a fine as provided in section 1-4B-1 of this code. (Ord. 1120, 10-21-1996; amd. 2011 Code)
7. In the event of a violation of this section, the parent/guardian of a ward shall be held civilly responsible for the damages caused by the commission of any delinquent act by the ward within the village not, however, exceeding the sum of one thousand dollars ($1,000.00).
E. Notice Requirements: Whenever a minor is apprehended or detained for a delinquent act, the parent or legal guardian shall be served with a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned, from the village police department, and a record of such notification shall be maintained by the village police department. (Ord. 1120, 10-21-1996)
F. Liability For Damages:
1. Actual Damages: 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 720 Illinois Compiled Statutes 5/21-1.3. Reasonable attorney fees may be awarded to any plaintiff in any action under this section. If the plaintiff is a governmental unit, reasonable attorney fees may be awarded up to fifteen thousand dollars ($15,000.00). (Ord. 1120, 10-21-1996; amd. 2011 Code)
2. Other Liability: This section shall not 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 or statutory basis. (Ord. 1120, 10-21-1996)