(A) As used in this section, unless the context otherwise requires, the terms specified have the meanings ascribed to them.
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.
MINOR. A person who is above the age of 7 years, but not yet 18 years of age.
(B) 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 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 occurrence of the events described in subsections (1), (2) and (3) below:
(1) An unemanicipated minor residing with a parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting intentional, wilful, malicious, or wanton 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 or violation or any ordinance, law, or statute prohibiting intentional, willful, malicious acts causing injury to a person or property;
(2) The 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 the adjudication of non-judicial sanction; and
(3) If at any time within one year following receipt of the notice set forth in subsection (2) above, the minor is either adjudicated to be in violation of any ordinance, law or statute as described in subsection (1) above, or shall have incurred non-judicial sanctions guilt of violation of any ordinance, law or statute as described in subsection (1) above.
(C) Any person convicted of any violation of the provisions of this section shall be fined not less than $25 nor more than $500 for each offense.
(D) The parent or legal guardian of an unemancipated minor who resides with the 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.
(E) Any municipal corporation, county, township, village or any other political subdivision or department of the state, or any person, partnership, corporation, association or any incorporated or unincorporated religious, educational or charitable organization is entitled to enforce the liability imposed by this section.
(F) No recovery under this section may exceed $500 actual damages for each person or legal entity as provided in division (E) of this section for each occurrence of willful or malicious acts by the minor causing injury, in addition to taxable court costs. In determining the damages to be allowed in an action under this section for personal injury, only medical, dental and hospital expenses may be considered.
(G) This section shall not 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.
(H) Section 5 of Chapter 77 of the Illinois Revised Statutes of 1975 titled “An Act in regard to judgments and decrees, and the manner of enforcing the same by execution, and to provide for the redemption of real estate sold under execution or decree,” approved March 22, 1872, as now or hereafter amended, or any applicable successor statute, is not applicable to judgments obtained under this section.
(Ord. 76-26, passed 8-9-76)