(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTS OF VANDALISM. Includes any of the following acts:
(a) Maliciously, recklessly, or knowingly damaging or destroying any property of another person without his or her consent;
(b) Maliciously, recklessly, or knowingly by means of fire or explosive device damaging, debasing, or destroying any property of another person;
(c) Maliciously, recklessly, or knowingly starting a fire on land of another person without his or her consent;
(d) Maliciously, recklessly, or knowingly depositing on the land or in the building of another person, without his or her consent, any stink bomb, or any offensive smelling compound and thereby interfering with the use and occupancy by another, of the land or building; or
(e) Maliciously, recklessly, or knowingly and without authority entering into or obtaining control over any building, house trailer, motor vehicle, aircraft, or watercraft or any part thereof, of another person without his or her consent.
LEGAL GUARDIAN. Includes a foster parent, a person appointed guardian of a person, or given custody of a minor by a Circuit Court of the state, but does not include a person appointed guardian only to the estate of a minor, or appointed guardian, or given custody, of a minor under the State Juvenile Court Act, being 705 ILCS 405/1-1 et seq.
MINOR. Includes a person who is above the age of 11 years, but not yet 18 years of age.
PARENT. Includes the lawful father and mother of a minor child, whether by birth or adoption.
PROPERTY. Includes any real estate including improvements thereon, and tangible personalty.
(1978 Code, § 9.48.010)
(B) Failure of parent or guardian to exercise parental responsibility. The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and the minor shall be deemed to have committed the acts described in § 134.03(A) with the knowledge and permission of the parent or guardian, in violation of this section, upon the occurrence of the events described divisions (B)(1) through (B)(3) below.
(1) An unemancipated minor residing with the parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law, or statute prohibiting willful and malicious acts causing injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law, or statute prohibiting willful and malicious acts causing injury to a person or property.
(2) The parent or guardian shall have received 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 City Police Department following said adjudication or nonjudicial sanction.
(3) If at any time within one year following receipt of the notice set forth in division (B)(2) above, the minor is either adjudicated to be in violation of any ordinance, law, or statute as described in division (B)(1) above, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described in division (B)(1) above.
(1978 Code, § 9.48.020)
(Ord. 526, passed - -1978) Penalty, see § 134.99