A. Purpose; Findings: The corporate authorities find that the incidence of acts of vandalism and similar offenses by juveniles resulting in damage to property and injury to individuals within the village have increased, thus posing a threat to the value of the property within the village, and also threatening the general health, safety, and welfare of the residents of the village, and also recognize the need to provide the means to eliminate such problems in order to ensure the safety of the property and residents of the village. The corporate authorities further find that increased parental responsibility is essential for the effective control and elimination of such juvenile offenses. Furthermore, the corporate authorities further find that it is in the best interests of the village that such acts be prosecuted by the village as a local offense, that penalties therefor be imposed which are related to the nature of the act and the type of offender, and that parents or legal guardians of minors found guilty of such acts be additionally held responsible for any monetary penalty or order of restitution or reparation imposed. The diligent pursuit of such interest will tend to increase parental supervision of minors and reduce the incidence of juvenile vandalism, and other offenses which threaten the property and health of individuals, thus advancing the welfare of residents of the village.
B. Definitions: For the purpose of this section, the following definitions shall apply:
LEGAL GUARDIAN: A person appointed legal guardian of the person or given custody of a minor by a circuit court of this state or any other state.
MINOR: A person who is less than eighteen (18) years of age, is unemancipated and resides with his parents or legal guardian.
PARENT: The lawful father or mother of a minor child, whether by birth or adoption.
PROHIBITED CONDUCT BY MINORS: For purposes of this section, the following conduct by minors is prohibited and no minor shall:
1. Knowingly or recklessly damage any property of another person without his consent; or
2. Knowingly and without authority enter into or obtain control over any motor vehicle, trailer, bicycle, aircraft or watercraft, or any part thereof of another person without his consent; or
3. Knowingly commit any violation of a state statute or village ordinance concerning vandalism, battery, curfew, disorderly conduct, obscene conduct, trespass, or possession or use of an alcoholic liquor, cannabis, or controlled substance, retail theft, fireworks, or any other offense or wilful or malicious acts to persons or property.
C. Offense Of Failure To Exercise Parental Responsibility:
1. Offense: It shall be unlawful for a parent or legal guardian of an unemancipated minor residing with that parent or legal guardian to fail to exercise proper parental responsibility by allowing or permitting the minor to commit any violation of a village ordinance or state statute concerning that "prohibited conduct" defined in subsection B of this section.
2. Presumption: A parent or legal guardian shall be presumed to have allowed or permitted the minor to have committed a violation of a village ordinance or state statute under all of the following conditions:
a. The minor has been either adjudicated to be in the violation of the offenses identified in this section, or has incurred nonjudicial sanctions from any police officer resulting from an admission of guilt to any such offense; and (Ord. 968, 3-12-1997)
b. 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' or Guardians' Names)
From: Village of Monee
You are hereby notified that (minor's name) has been involved with a violation of an ordinance or State statute concerning vandalism, battery, curfew, disorderly conduct, obscene conduct, trespass, or possession or use of alcoholic liquor, cannabis, or controlled substances, retail theft, fireworks, or any other offense of willful or malicious acts to persons or property. If said minor is again found guilty of one of the stated ordinance or comparable State statutes you may be found guilty of the offense of failure to exercise parental responsibility. Conviction for said offense can result in a fine of not less than $50.00 nor more than $750.00. You are hereby notified that you must exercise proper parental responsibility over said minor by controlling his unlawful conduct.
c. Said minor, within two (2) years of the receipt of such notice by the parent or legal guardian, has been either adjudicated to have committed, has been charged with the violation (except if found not to be guilty) of, or has admitted to have committed any violation of any ordinance or state statute as described in this section.
3. Notice: It is the policy of the village that a parent or legal guardian of a minor be notified and required to appear in court whenever that minor is charged with a violation of an ordinance or state statute which requires the minor's appearance in court.
4. Penalty: Any parent or guardian found to be in violation of this section shall be subject to penalty as provided in section 1-4-1 of this code for each and every violation thereof, and every day the violation continues shall constitute a separate offense. (Ord. 968, 3-12-1997; amd. 1999 Code)