(A) 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 village ordinance or state statute concerning vandalism, battery, curfew, disorderly conduct, obscene conduct, trespass, graffiti, or possession or use of alcoholic liquor, cannabis, or controlled substances, or any other offense of willful or malicious acts to persons or property.
(B) Presumption. A parent or legal guardian shall be presumed to have allowed or permitted the minor to have committed a violation of a village ordinance or state statute under all of the following conditions:
(1) The minor has been either adjudicated to be in the violation of the provisions of § 131.17 above or § 131.20 below, or has been charged with any such violation (except if found to be not guilty); or has incurred non-judicial sanctions from any peace officer or conservator of the peace resulting from an admission of guilt to any such offense; and
(2) 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
TO: (Parents' Names)
FROM: Village of Tinley Park
You are hereby notified that minor's name has been involved with a violation of an ordinance or state statute concerning vandalism, battery, curfew, disorderly conduct, obscene conduct, trespass, graffiti, or possession or use of alcoholic liquor, cannabis, or controlled substances, or any other offense of willful or malicious acts to persons or property. If said minor is again involved with a violation of one of the above-type ordinances or 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 $25 nor more than $500. You are hereby notified that you must exercise proper parental responsibility over said minor by controlling his unlawful conduct.
(3) Said minor, within two years of the receipt of said notice by the parent or legal guardian, has been either adjudicated to have committed, has been charged with the violation (except if found not to be guilty) of, or has admitted to have committed any violation of any ordinance or state statute as described in (1) above.
(C) Notice. 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 the minor's appearance in court. To this end, it is hereby directed that a notice in substantially the following form be sent to the parents or legal guardians of the minor:
LEGAL NOTICE
TO: (Parents' Names)
FROM: Village of Tinley Park
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. You are further notified that one of the parents of said minor must appear in court 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. Failure to obey a subpoena can result in contempt of court, with a fine of imprisonment as the penalty.
(D) Subpoenas. The Village Prosecutor is hereby directed to have subpoenas issued whenever a parent or legal guardian of a minor does not appear in court after the first two times the case has been before the court.
(Am. Ord. 2006-O-021, passed 4-25-06)