(a) Definitions. The following terms shall have the meanings ascribed to them for the purposes of this section:
(1) “Legal guardian” means a person appointed guardian, or given custody, or 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 of 1987 (ILCS Ch. 705, Act 405, §§1/1 et seq.
(2) “Minor” means a person who is above the age of 11 years, but not yet 19 years of age.
(b) Unlawful Acts. No parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall fail to exercise proper parental responsibility by allowing or permitting said minor to commit any violation of a Village ordinance or State statute.
(c) Presumption. A parent or legal guardian shall be presumed to have allowed or permitted a minor, as set forth in subsection (b) hereof, to have committed a violation of a Village ordinance or State statute when each of the following conditions has been met:
(1) Said minor has been either adjudicated to be in violation of any ordinance or State statute as described in subsection (b) hereof, or has been charged with a violation of any ordinance or State statute as described in subsection (b) hereof, unless found to be not guilty, or has incurred nonjudicial sanctions from any peace officer, police officer or conservator of the peace resulting from an admission of guilt of a violation of an ordinance or State statute as described in subsection (b) hereof; and
(2) 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: (Parent’s Name)
FROM: Richton Park Police Department
You are hereby notified that (minor’s name) has been involved in the commission of (specify offense and date of offense), which is a violation of State statute or Village ordinance. If your minor child is again involved in a violation of State statutes or Village ordinances, you may be charged with parental irresponsibility.
Conviction for said offense may result in a fine of not less than $50.00 nor more than $750.00, and may require you to make restitution and/or participate in community service if ordered by the hearing officer or judge. You are hereby notified that you must exercise proper parental responsibility over said minor by controlling his or her unlawful conduct;” and
(3) Such minor, within one (1) year of the receipt of such notice by the parent or legal guardian, has been either adjudicated to have committed or has admitted to having committed any violation of any ordinance or State statute as described in subsection (b).
(d) Court Appearance of Parents. It is the policy of the Village that a parent or legal guardian of a minor be notified and required to appear in court whenever that minor is charged with a violation of an ordinance or State statute which requires a minor’s appearance in court or at a hearing. To this end, it is hereby directed that a notice in substantially the following form be sent to a parent or legal guardian of any minor charged with a violation of an ordinance or State statute as described in subsection (b) hereof:
“LEGAL NOTICE
TO: (Parent’s Name)
FROM: Richton Park Police Department
You are hereby notified that (minor’s name) has been charged with an offense which is a violation of a Village ordinance or State statute and which requires the appearance of said minor in Court or at a hearing. You are further notified that one of the parents of said minor must appear in Court or at the hearing before the case will be tried or be disposed.
If you fail to appear, the Village Prosecutor has been directed to have issued a subpoena to bring you into Court or appear at the hearing. Failure to obey a subpoena can result in a finding of contempt of Court, with a fine or imprisonment as the penalty.
(e) Supervision. The Village Prosecutor shall use the provisions of the Illinois Unified Code of Corrections (ILCS Ch. 730, Act 5, §§1-1-1 et seq.), and as amended from time to time, pertaining to supervision in order to further the ends of justice, restitution and the purposes of this section.
(f) Damage to Persons or Property.
(1) Liability of Parent. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the willful or malicious acts of such minor which causes injury to a person or property.
(2) Recovery of Damage Costs. Recovery of damages under this section shall include actual damages occasioned by such minor, which damages shall be payable to the person or entity entitled to such damages. However, in no event shall the amount of actual damages recovered exceed $20,000 for the first act or occurrence of such willful or malicious acts by the minor causing injury, and $30,000 if a pattern or practice of willful or malicious acts by a minor exists for a separate act or occurrence. In addition, the Village shall be entitled to court costs and/or administrative filing fees and attorneys’ costs and fees incurred in the enforcement of this section, if any, incurred by the Village in the prosecution of such minor for a violation of any ordinance or State statute, if such minor is convicted of violating such an ordinance or State statute. However, the Village shall only be entitled to recover up to $15,000 in reasonable attorneys’ fees.
(3) Limitation on Damages. In determining the damages to be allowed for an action under this section for personal injury, only medical dental and hospital expenses and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto may be considered.
(4) Judgments; Applicability of Other Laws. Section 12-107 of the Illinois Code of Civil Procedure, “Incarceration of Judgment Debtor,” (ILCS Ch. 735, Act 5, §12-107), and as amended from time to time, is not applicable to judgments obtained under this subsection.
(5) Common Law Damages. Nothing in this subsection shall 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.
(6) Effective Date. The effective date of this subsection is from and after the passage, approval and publication of Ordinance 1382 as required by law; except, however, the effective date for damages in the amount of $30,000 and the Village’s right to attorneys’ fees as set forth in subsection (g)(2) hereof, shall be effective as of January 1, 2009, and shall apply to causes of action accruing on or after its effective date.
(Ord. 806. Passed 1-10-94; Ord. 912. Passed 9-9-96; Ord. 1382. Passed 9-22-08.)