(A) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACTS OF VANDALISM AND SIMILAR OFFENSES. Any of the following acts:
(a) Maliciously, recklessly, negligently or knowingly damaging or destroying or defacing any property within the village, whether such property is owned by the state, county or governmental body or owned by any private person, firm, partnership or association;
(b) Maliciously, recklessly or knowingly, by means of fire or explosive device, damaging debasing or destroying any property of another person;
(c) Maliciously, recklessly, negligently or knowingly starting a fire on land of another person without his or her consent;
(d) Maliciously, recklessly or knowingly starting a fire on land of another person without his consent, any stink bomb or any offensive smelling compound and thereby interfering with the use and occupancy by another of the land or building; or
(e) Maliciously, recklessly or knowingly, and without authority, entering into or obtaining control over any building, house trailer, motor vehicle, aircraft or watercraft or any part thereof of another person without his or her consent.
LEGAL GUARDIAN. A foster parent, a person appointed guardian of a person or given custody of a minor by a Circuit Court of the state, but does not include a person appointed guardian only to the estate of a minor or appointed guardian, or given custody of a minor under the state’s Juvenile Court Act.
MINOR. A person who is above the age of 11 years, but not yet 18 years of age.
PARENT. The lawful father and mother of a minor child whether by birth or adoption.
PROPERTY. Any real estate including improvements thereon and tangible personal property.
(Prior Code, § 27-7-1)
(B) 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 herein with the knowledge and permission of the parent or guardian in violation of this section upon the occurrence of the event described in divisions (B)(1), (B)(2) and (B)(3) below.
(1) An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of 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 a 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 a 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 mail, return receipt requested, or by personal service, with a certificate of personal service returned form the village, following said adjudication or non-judicial sanctions.
(3) If, at any time within one year following receipt of 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 admission of guilt of violation of any ordinance, law or statute as described in division (A) above.
(Prior Code, § 27-7-2) Penalty, see § 10.99
(A) It shall be unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street, highway, or other public place or way at the following times:
(1) For persons less than 13 years of age, between 10:00 p.m. and 6:00 a.m. the following day on any day of the week.
(2) For persons at least 13 years of age, but not yet 17 years of age:
(a) Between 12:01 1.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(b) Between 12:01 a.m. and 6:00 a.m. Saturday and Sunday.
(B) It is a defense to a violation under this chapter that the child engaged in the prohibited conduct while:
(1) Accompanied by the child’s parent, legal guardian, custodian, sibling, stepbrother, or stepsister at least 18 years of age;
(2) Accompanied by an adult at least 21 years of age approved by the child’s parent, guardian, or custodian.
(3) Participating in, going to, or returning from:
(a) Employment which the laws of this state authorize a person less than 17 years of age to perform;
(b) A school recreational activity;
(c) A religious event;
(d) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(e) An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, Sections 3, 4, and 5 of the Constitution of the State of Illinois, or both;
(f) An activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adult. A citation for violation of division (A) of this section may be issued by a police officer only if he or she reasonably believes that a violation has occurred and none of the defenses enumerated in division (B) shall apply.
(C) It is unlawful for a parent, legal guardian, custodian, or other person to knowingly permit a person in his or her custody or control to violate provisions of division (A) this section. It shall be a rebuttable presumption that a person has violated this section if someone under 17 years of age of whom such person has custody or control is present upon any public assembly, building, business, street or highway, or other public place or public way in violation of division (A) of this section, and none of the defenses enumerated in division (B) hereof apply.
(Prior Code, § 27-2-27) (Ord. 12-454, passed 11-5-2012) Penalty, see § 10.99
Statutory reference:
Related provisions, see 65 ILCS 5/11-1-5