(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LEGAL GUARDIAN. A person appointed guardian or given custody of a minor by a circuit court of this state, but does not include a person appointed guardian or given custody of a minor under the State Juvenile Court Act, being 705 ILCS 405/1-1 et seq.
MINOR. A person who has attained 11 years of age, but who has not yet reached 18 years of age.
PROPERTY. Any real estate, including improvements thereon, and tangible personal property.
(B) Offense of parental irresponsibility.
(1) Offense. It shall be unlawful for a parent or legal guardian of an unemancipated minor residing with that parent or legal guardian to fail to exercise proper parental responsibility by allowing or permitting the minor to commit any violation of a state statute concerning vandalism, battery, curfew, truancy, disorderly conduct, obscene conduct, trespass, or possession or use of alcohol, liquor, cannabis, or controlled substances, or any other offense of wilful or malicious acts to persons or property within village limits.
(2) Truancy. It shall further be unlawful for any person under the age of 18 years, who is enrolled in any public, private, parochial school, or homeschool to be present in any public place, building, street, or assembly in the village, other than school, during any hours when school is in session during the regular school term unless he or she is:
(a) Traveling to or from school by the most direct route;
(b) Accompanied by a parent, legal guardian, or school official;
(c) Engaged in school related activities with written approval of school authorities;
(d) Engaged in personal business, including, but not limited to, employment, medical care, or religious activities, with prior notice from a parent or legal guardian to school authorities; or
(e) Persons suspended or expelled from any public, private, parochial school, or homeschool who are in violation of this section, shall be deemed truant, and this section shall apply to them and shall be in full force and effect.
(3) Presumption. A parent or legal guardian shall be presumed to have allowed or permitted the minor to have committed a violation of a state statute under all of the following conditions:
(a) The minor has been either adjudicated to be in violation of a state statute or has been charged with any such violation (except if found to be not guilty); or has incurred nonjudicial sanctions from any peace officer or conservator of the peace resulting from an admission of guilt to any such offenses; and
(b) The 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 (Date) __________________ TO: (Parents’ Names) FROM: Village of St. Anne YOU ARE HEREBY NOTIFIED that (minor’s name) has been involved in a violation of the state statute concerning vandalism, battery, curfew, truancy, disorderly conduct, obscene conduct, trespass, possession or use of alcohol, liquor, cannabis, or controlled substances, or any other offense or willful or malicious acts to persons or property. If said minor is again involved in a violation of one of the above type state statutes, you may be found guilty of the offense of parental irresponsibility. Conviction for said offense can result in a fine of not less than $50 nor more than $500. You are hereby further notified that you must exercise proper parental responsibility over said minor by controlling his or her unlawful conduct. _____________________________________ (Signature) ______________________________________ (Title or Position) |
(c) Said minor, within two years of the receipt of said notice by the parent or legal guardian, has either adjudicated to have committed, has been charged with the violation (except if found not to be guilty) of, or has admitted to having committed any violation of any statute described above.
(C) Detention. A police officer may stop and detain a person whom the officer reasonably suspects to be violating this section for the purpose of verifying the person’s identity, age, school enrollment, and authority to be absent from school. The police officer shall immediately inform the person of the reason of the detention, and they will be released upon verification of the authorization to be absent from school. The person shall not be removed from the scene of the investigatory detention unless he or she refuses to provide the officer with the necessary information, or in the alternative and if practical, shall be taken to school authorities or a parent or legal guardian.
(Prior Code, § 6-1-27) (Ord. passed 3-12-2007) Penalty, see § 130.99