(A) Definitions: As used in this section, the following terms shall be defined as follows:
ALCOHOL: As used herein, shall have the meaning given to "alcoholic liquor" in section 1-3.05 of the Illinois liquor control act of 1934, as amended, 235 Illinois Compiled Statutes 5/1-3.05 (1994).
CUSTODY: As used herein, shall mean the legal ability granted to a parent to govern the activities of a minor child. In the case of parents who are divorced or legally separated, custody shall be deemed to be exercised by a parent who has legal custody over the minor child and by a parent who has visitation rights over the minor child at the time any act set forth in this section shall be engaged in by such minor child. Where a decree of dissolution shall provide for joint custody of such minor child, both parents shall be deemed to have custody of such child at all times.
GUARDIAN: As used herein, shall mean a person appointed the legal guardian of a minor child in any proceedings recognized by the state of Illinois, but shall not include a person appointed guardian or given custody of a minor child under the juvenile court act.
PARENT: As used herein, shall mean a natural or adoptive parent of a minor child, provided, however, that a natural or adoptive parent who shall have relinquished parental status as to a particular minor child through adoption or emancipation proceedings recognized by the state of Illinois shall not be included within the term "parent" insofar as such minor child is concerned.
(B) Conditions Precedent For Parental Responsibility:
1. Before a parent or guardian shall be held responsible for the act or acts of a minor child under subsection (D) of this section, one or more of the following events described in subsection (B)1(a) through (B)1(d) of this Section, inclusive, shall have occurred, and the parent or guardian shall have actual knowledge of such event or events as described in subsection (B)2 of this Section:
(a) The unemancipated child under the age of eighteen (18) years shall have been adjudicated in any court of competent jurisdiction of having violated any ordinance, statute, or common law duty, or some combination thereof, prohibiting such child from engaging in any intentional act resulting in injury to a person or property, or both.
(b) The unemancipated child under the age of eighteen (18) years shall have received nonjudicial sanctions or penalties from a unit of local government or other governmental agency recognized by the State as a result of having violated any ordinance, statute, or common law duty, or some combination thereof, prohibiting such child from engaging in any intentional act resulting in injury to a person or property, or both.
(c) The unemancipated child under the age of eighteen (18) years shall have been adjudicated in any court of competent jurisdiction of having violated any ordinance or statute relating to the consumption, the supplying, or the procuring of alcohol. Acts included within this subsection (B)1(c) shall include, but are not limited to: 1) consumption of alcohol; 2) possession of alcohol; 3) possession of false identification which shows such child to be twenty one (21) years old or older; 4) driving under the influence of alcohol in violation of the Illinois Motor Vehicle Safety Code or in violation of the laws of any other state or local government; 5) supplying alcohol to individuals under the age of twenty one (21) years; 6) assisting or permitting the gathering of individuals, one or more of which shall be under the age of twenty one (21) years, at which gathering alcohol is consumed or possessed by an individual under the age of twenty one (21) years.
(d) The unemancipated child under the age of eighteen (18) years shall have received nonjudicial sanctions or penalties from a unit of local government or other governmental agency recognized by the State as a result of having violated any ordinance or statute relating to the consumption, the supplying, or the procuring of alcohol. Acts included within this subsection (B)1(d) shall include, but are not limited to: 1) consumption of alcohol; 2) possession of alcohol; 3) possession of false identification which shows such child to be twenty one (21) years old or older; 4) driving under the influence of alcohol in violation of the Illinois Motor Vehicle Safety Code or in violation of the laws of any other state or local government; 5) supplying alcohol to individuals under the age of twenty one (21) years; or 6) assisting or permitting the gathering of individuals, one or more of which shall be under the age of twenty one (21) years, at which gathering alcohol is consumed or possessed by an individual under the age of twenty one (21) years.
2. The parent or guardian shall have actual knowledge of any such event of which they became aware through any source or method. In the absence of clear and convincing evidence to the contrary, it shall be presumed that the parent or guardian shall have actual knowledge of any such event if the parent or guardian is mailed by the Village notice of such event, and such mail is sent certified or registered mail, return receipt requested, or is personally delivered to the parent or guardian by an officer of the Riverside Police Department.
(C) Parental Responsibility: If a minor child under the custody of a parent or guardian shall commit within the jurisdiction of the Village any of the following enumerated acts after the conditions precedent for parental responsibility set forth in subsection (B) of this Section have been met, then, in the absence of clear and convincing evidence to the contrary, the parent or guardian having custody of such minor child be presumed to have failed or refused to prevent such minor child from committing such act or acts by the exercise of proper parental responsibility over such minor child:
1. A child under the age of eighteen (18) years committing an intentional act resulting in injury to person or property, or both;
2. A child under the age of eighteen (18) years possessing alcohol;
3. A child under the age of eighteen (18) years consuming alcohol;
4. A child under the age of eighteen (18) years driving or having custody or control of a motor vehicle while under the influence of alcohol, as prohibited by the laws of the State;
5. A child under the age of eighteen (18) years supplying alcohol to individuals under the age of twenty one (21) years;
6. A child under the age of eighteen (18) years inviting an individual or individuals under the age of twenty one (21) years into a residence for the purpose of supplying alcohol to such individual or individuals or for the purpose of allowing such individual or individuals to consume alcohol in such residence;
7. A child under the age of eighteen (18) years manufacturing or possessing an identification card falsely showing that such child is twenty one (21) years old or older.
(D) Violation: It shall be a violation of this section for a parent or guardian having custody of a child to fail to properly exercise parental responsibility over such child, as set forth herein.
(E) Penalty: Any person convicted of any violation of the provisions of this section shall be subject to the penalty provided for by section 1-4-1 of this code. (Ord. 2193, 6-16-1997)