A. Definitions: As used in this Section, the following words and terms shall have the meanings ascribed to them in this subsection:
LEGAL GUARDIAN: A person appointed guardian or given custody of a minor by a Circuit Court of this State or an appropriate court of any other jurisdiction, but does not include a person appointed guardian or given custody of a minor under the Illinois Juvenile Court Act 1 .
MINOR: A person who is above the age of eleven (11) years but has not yet attained the age of nineteen (19) years.
PARENT: The natural parents or adopted parent of a minor.
PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind, including governmental entities.
PROPERTY: Any real estate, including improvements thereon, tangible and intangible personalty.
B. Vandalism Prohibited: It shall be unlawful for anyone to wilfully or maliciously injure, deface, destroy or interfere with any property belonging to the Village, other governmental body, any private person, firm or corporation.
C. Parental Or Guardian Responsibility: 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 following described acts with the knowledge and permission of the parent or legal guardian, in violation of this Section, upon the occurrence of the events described in subsection C1 and 2 below:
1. An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting the destruction of property, or shall have incurred nonjudicial sanctions from another governmental agency resulting from an admission of guilt of violation of this or any other provision of this Code, law or statute which prohibits wilful and malicious acts causing injury to a person or property; and
2. Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with a certificate of personal service return, from the police department of the arresting governmental body following such adjudication or nonjudicial sanction and providing further that at any time within one year following receipt of said notice, said minor is either adjudicated to be in violation of any ordinance, law or statute as described herein or shall have incurred nonjudicial sanctions from another governmental agency resulting from an admission of guilt of violation of any ordinance or statute as described herein.
D. Damages And Penalties: Any person violating the provisions of this Section shall pay the actual damages resulting therefrom, but not exceeding the limit provided by section 5 of "An act to authorize recovery of damages from parents or legal guardians due to the wilful injury of a person or property by minor children" 1 , and in addition, shall be fined as provided in Section 1-4-1 of this Code for each offense. Damages shall be cumulative for each occurrence. When damages result to the personal property of more than one person, each said person shall be entitled to recover the same as provided for herein. Each occurrence shall give rise to a separate cause of action. Payments shall be made within ten (10) days after notification of liability as provided for herein. Parents and guardians shall be responsible individually and jointly. (Ord. 118, 10-10-1977; 1996 Code)
Notes
| 1 | 1. S.H.A. 705 ILCS 405/1-1. |
| 1 | 1. S.H.A. 740 ILCS 115/1 et seq. |