(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