A. Definitions: As used in this section, unless the context otherwise requires, the terms specified have the following meanings:
KNOWINGLY: Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inquiry or inspections.
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. The term "legal guardian" does not include guardian ad litem.
MINOR: A person who is above the age of eleven (11) years, but not yet eighteen (18) years of age.
PARENT: A natural or adoptive parent or a court designated guardian.
UNEMANCIPATED MINOR: A person under the age of eighteen (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 immediate control over the item or minor.
WILFUL: Proceeding from a conscious and voluntary intentional motion of the will.
B. Responsibility Established: 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 occurrence of the events described in subsections B1 through B4 of this section.
1. An unemancipated minor residing with a parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting wilful 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 wilful and malicious acts causing injury to a person or property; and
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 a police department serving in the city following said adjudication or nonjudicial sanction; and
3. If at any time within one year following receipt of the notice set forth in subsection B2 of this section, said minor is either adjudicated to be in violation of an ordinance, law or statute as described in subsection B1 of this section, 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 subsection B1 of this section.
4. It shall be unlawful for any person including a parent or legal guardian, to knowingly or wilfully cause, aid or encourage 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 to cause a child to violate or attempt to violate any federal or state law or municipal ordinance.
C. Liability Of Parent Or Legal Guardian Of Minor Offender: The parent or legal guardian of an unemancipated minor who has custody of such minor shall be liable for any fine, condition or restitution or reparation imposed by a court, peer jury, or station adjustment upon a minor for a violation of any provision of state law, county ordinance, or this code; provided, the minor has not paid the fine or made restitution or reparation within the time ordered by the court; adjustment agreement, and further provided, that said parent or guardian has been served with summons or notice to appear in the original cause as provided by law.
D. Penalty: Any person convicted of any violation of the provisions of this section shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. (Ord. 0-97-53, 9-15-1997, eff. 9-25-1997)