(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, ILCS Ch. 705, Act 405, §§ 1-1 et seq.
MINOR. A person who is above the age of 11 years, but not yet 19 years.
(B) Failure to exercise proper 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 said 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 concurrence of the events described in divisions (B)(1), (B)(2) and (B)(3) below.
(1) An unemancipated minor residing with said parent or legal guardian either shall have been 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 non-judicial 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) Said parent or legal 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 Police Department of the city following said adjudication or non-judicial sanction.
(3) At any time within one year following receipt of the notice set forth in division (B)(2) above, said 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 non-judicial 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.
(1999 Code, § 132.17) (Ord. 905, passed 3-19-1979) Penalty, see § 132.99