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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR/BEVERAGES. Any spirits, wine, beer, ale, or other liquid containing more than .5% of alcohol by volume, which is fit for beverage purposes.
GUARDIAN. See LEGAL GUARDIAN.
LEGAL GUARDIAN. A person appointed, or given custody, of a minor by a circuit court of this state but it does not include a person appointed guardian, or given custody of a minor under the "Juvenile Court Act".
PARENT. A natural or adoptive parent or a court designated guardian.
RECKLESSLY. Acting in a manner or under circumstances such as evince disregard of, or indifference to, consequences involving danger to the property, life or safety of others.
UNDERAGE PERSON/MINOR. Any person who has not yet attained the age of 18 years.
UNEMANCIPATED MINOR. A person under the age of 18 years still under the care and custody of his or her parents.
UNSUPERVISED. A lack of visual or oral oversight coupled with lack of sufficient proximity to obtain control over the item or minor.
WILFUL. Proceeding from a conscious and voluntary intentional motion of the will.
(Ord. 76-25, passed 10-20-76; Am. Ord. 95-08, passed 4-19-95)
(A) It shall be unlawful for the parent or legal guardian, to knowingly or wilfully cause, aid, encourage or to fail to exercise proper responsibility by allowing or permitting any unemancipated minor to violate or attempt to violate any federal or state law or municipal ordinance or to knowingly or wilfully act in such a manner as to directly tend or cause a minor to violate or attempt to violate any federal or state law or municipal ordinance.
(B) The parent or legal guardian of an unemancipated minor who has custody of such minor shall be liable for any fine, condition, or restitutions or reparation imposed by a court upon a minor for a violation of any provision of the Village Municipal Code; provided, the minor has not paid the fine or made restitution or reparation within the time ordered by the court; and further provided, that the parent or guardian has been served with summons or notice to appear in the original cause as provided by law.
(Ord. 76-25, passed 10-20-76; Am. Ord. 95-08, passed 4- 19-95) Penalty, see § 130.99
A parent or legal guardian shall be presumed to have allowed or permitted said minor to have committed a violation of a village ordinance or state statute under all of the following conditions:
(A) Said minor has been either adjudicated to be in violation of any ordinance or state statute as described in § 130.03; or has been charged with the violation of any ordinance or state statute as described in § 130.03 (except if found to be not guilty); or has incurred nonjudicial sanctions from any peace officer, or conservator of the peace resulting from an admission of guilt to an offense of an ordinance or state statute as described in § 130.03; and
(B) Said 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' Names)
FROM: Village of Orland Hills
You are hereby notified that (minor's name) has been involved with a violation of an ordinance, state statute or federal law
If said minor is again involved with a violation of one of the above-type ordinances, state statutes or federal law you may be found guilty of the offense of Parental Irresponsibility. Conviction for said offense can result in a fine of not less than $100 nor more than $750. You are hereby notified that you must exercise proper parental responsibility over said minor by controlling his unlawful conduct.
(C) Said minor, within two years of the receipt of said notice by the parent or legal guardian, has been either adjudicated to have committed, has been charged with the violation (except if found to be not guilty), or has admitted to have committed any violation of any ordinance or state statute.
(Ord. 76-25, passed 10-20-76; Am. Ord. 95-08, passed 4-19-95; Am. Ord. 2015-003, passed 3-18-15)
(A) No person under the age of 21 years, may purchase, receive, accept, have in his possession or control, or consume any alcoholic beverages.
(B) It is unlawful for any person to knowingly suffer, permit or allow the violation of the provisions of this section in any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal processor, or occupier thereof.
(C) Nothing contained herein shall be applicable to persons under the age of 21 years:
(1) Participating in a religious ceremony; or
(2) Acting at the direction of a law enforcement officer.
(D) It shall be unlawful for any parent or guardian to permit any person under the age of 18 years of which he or she is the parent or guardian to violate any provisions of this section.
(E) No person after purchasing or otherwise obtaining alcoholic liquor shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service, or acting at the direction of a law enforcement officer.
(Ord. 95-08, passed 4-19-95) Penalty, see § 130.99
(A) Presumption of knowledge. Whenever a person is present within any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal processor, or occupier thereof at the time that a violation of the provisions of this section occurs therein, it shall be prima facie evidence that such person had knowledge of such violation.
(B) Unlawful assembly by minors. It shall be unlawful for any person under the age or 21 years to remain in any motor vehicle, conveyance, vessel, house, apartment, room, hotel rooms, shed, yard, premises, or other area when said person knows, or reasonably should know, that on one or more other persons under the age of 21 years located in such motor vehicle, conveyance, vessel, house, apartment, room, hotel rooms, shed, yard, premises, or other areas are:
(1) In possession of any cannabis or controlled substance prohibited by state law; or
(2) In possession of any alcoholic beverages, except that a person under the age of 21 years may be in the possession of or consume alcoholic beverages in the performance of a bona fide religious service or ceremony.
(C) Responsibility of owner or occupant of any premises for unlawful assembly by minors. It shall be unlawful for any person who has ownership or control of any premises to knowingly suffer, permit, or allow two or more persons under the age of 21 years to assemble or be assembled on such premises:
(1) In possession of any cannabis or controlled substance prohibited by state statute; or
(2) In possession of any alcoholic beverages, except that a person under the age of 21 years may be in possession of or consume alcoholic beverages in the performance of a bona fide religious service or ceremony.
(Ord. 95-08, passed 4-19-95) Penalty, see § 130.99
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