A. Prohibition. It is unlawful for any person within the limits of the Village to knowingly or recklessly damage any property of another person without his or her consent or to knowingly and without authority enter into or obtain control over any motor vehicle, bicycle, aircraft or watercraft or any part of such conveyance of another person without his or her consent.
B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Legal guardian" means 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 Illinois Juvenile Court Act.
"Minor" means a person who has attained eleven (11) years of age but who has not yet reached eighteen (18) years of age.
"Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.
"Property" means any real estate including improvements on such real estate, and tangible property.
C. Penalties.
1. Every person found guilty of any offense declared to be unlawful by this section shall be subject to a fine of not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00)
2. When a court orders restitution or reparation as a condition for a conditional discharge, the court shall determine the amount and conditions of payment. When the conditions of payment have not been satisfied, the court, at any time prior to the expiration or termination of the period of conditional discharge, may impose an additional period of not more than two years. Only the conditions of payment shall continue to apply during such additional period. The court shall, however, retain jurisdiction, and failing satisfaction of the conditions of payment during such additional period may impose all of the incidents of the original sentence, modify or enlarge the original conditions, and revoke the penalty of conditional discharge.
3. When a petition is filed charging a violation of a condition imposed for a conditional discharge, the court:
a. May order a summons to the offender to appear, or order a warrant for the offender's arrest where there is danger of the offender fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons.
The issuance of such warrant or summons shall toll the sentence of conditional discharge until the final determination of the charge, and the term of conditional discharge shall not run so long as the offender has not answered the summons or warrant;
b. Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing;
c. Shall receive evidence in open court with the right of confrontation, cross-examination and representation by counsel. The Village shall have the burden of going forward with the evidence and proving the violation by the preponderance of the evidence;
d. Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which impose financial obligations upon the offender unless such failure is due to the offender's wilful refusal to pay;
e. May modify the conditions of a conditional discharge on motion of the Village or on its own motion or at the request of the offender after notice to all parties and a hearing.
4. If the court finds that an offender has violated a condition at any time prior to the expiration or termination of the period, it may continue the offender on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty that was available at the time of the initial penalty.
5. A judgment revoking probation or a conditional discharge is a final appealable order.
D. Liability of Parent or Legal Guardian of Minor Offender. The parent or legal guardian of a minor defendant who resides with such parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by a court upon a minor for violation of this section; provided that, such minor has not paid such fine or made restitution or reparation within the time ordered by the court; and further provided that, such parent or legal guardian has been served with summons or notice to appear in the original cause and all proceedings thereafter as provided by law.
(MC-1-2014, Amended, 2/18/2014: prior code § 45.16)