A. It shall be unlawful for any parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian to fail to pay for actual damages for the wilful or malicious acts of such minor which cause injury to a person or to property.
B. A parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian shall be liable for actual damages caused by said minor and shall be presumed to have failed to exercise proper parental responsibility and said minor shall be deemed to have acted with the knowledge and permission of the parent or guardian in violation of this chapter whenever:
1. Said minor shall be adjudged to be in violation of any said ordinance, law or statute prohibiting wilful and malicious acts, which cause injury to a person or property.
2. Said parent or legal guardian shall have served upon them a notice in writing that said minor has received a nonjudicial sanction from the police department or other governmental agency as a result of an admission of guilt by said minor of a violation of an ordinance, law or statute prohibiting wilful and malicious acts which caused injury to a person or property and subsequent to receipt of said notice said minor is adjudicated to be in violation of an ordinance, law or statute or received a nonjudicial sanction from any governmental agency as a result of an admission of guilt by said minor in violation of an ordinance, law or statute.
C. Recovery of damages shall be pursuant and limited to an amount provided by 740 Illinois Compiled Statutes 115/5, as amended.
D. This chapter shall not 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. (Ord. 04-10, 6-21-2004)