(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTS WHICH CAUSE INJURY. Acts that directly or proximately bring about or are the reason for the damage or harm.
LEGAL GUARDIAN. A person appointed guardian or given custody of a minor by a court, but does not include a person appointed guardian or given custody to a minor under the Juvenile Court Act (ILCS Ch. 705, Act 405, § 1-1), as amended. The term LEGAL GUARDIAN does not include a guardian ad litem.
MINOR. Any person above the age of 11 but not 18 years of age.
PARENT. The father and/or the mother of a minor child, whether by birth or adoption, or the PARENT having legal custody of the minor if the PARENTS are divorced or separated. PARENT, as used in this section, also means legal guardian.
WILLFUL OR MALICIOUS CONDUCT. Conduct that involves the same mens rea as required for criminal conduct. WILLFUL OR MALICIOUS CONDUCT consists of the intentional commission of a wrongful and illegal act with an intent to cause damage or harm.
(B) Illegal acts. It shall be unlawful for the parent or legal guardian of an unemancipated minor residing with the parent or legal guardian to fail to exercise proper parental responsibility by allowing, failing to supervise, or permitting the minor to commit any violation of a city ordinance or state statute prohibiting willful and malicious acts causing injury to a person or property, including, but not limited to, assault, battery, disorderly conduct resulting in injury or property damage, theft, damage or defacing public or private property, graffiti, and vandalism. The parent or legal guardian of an unemancipated minor residing with the 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 below with the knowledge and permission of the parent or guardian, in violation of this section, upon the occurrence of the events described in division (C) of this section.
(C) Violation. A parent or legal guardian shall be in violation of this section if 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, peace officer, police officer or conservator of the peace 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.
(D) Damage to persons or property.
(1) Liability of parent. The parent or legal guardian of an unemancipated minor who resides with that parent or legal guardian is liable for actual damages for the willful or malicious acts of the minor which cause injury to a person or property, up to $20,000 for each person or entity for each occurrence of the willful or malicious acts by the minor causing injury, in addition to court costs and attorney’s fees incurred in enforcement of this section, and any attorney costs and fees, court costs or administrative fees, if any, incurred by the city in the prosecution of the minor for a violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property, if the minor is convicted of violating such a law.
(2) Common law damages. Nothing in this section shall 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 basis.
(Ord. 2007-08-0120O, passed 8-28-2007; Ord. 2010-06-0296O, passed 6-8-2010) Penalty, see § 133.99