§ 16-117. Parental responsibility for certain acts of minors.

(a)

Definitions. As used in this section, unless the context requires otherwise, the following definitions shall apply:

(1)

"Property" shall include any real estate, and the improvements thereon, and all tangible personalty.

(2)

"Parent" shall include the lawful father and mother of a minor child, whether by birth or adoption.

(3)

"Legal guardian" shall include a foster parent, a person appointed guardian of a person, or given custody, of a minor, except a person appointed guardian, or given custody of a minor, under the Juvenile Court Act of the State of Illinois.

(4)

"Minor" means a person who is above the age of 11 years, but not yet 19 years of age.

(5)

"Acts of vandalism" shall include, but shall not be limited to, any of the following acts:

a.

Maliciously, recklessly or knowingly damaging or destroying any property of another person without that person's consent; or

b.

Maliciously, recklessly or knowingly by means of fire or explosive device damaging, debasing or destroying any property of another person; or

c.

Maliciously, recklessly or knowingly starting a fire on land of another person without his consent; or

d.

Maliciously, recklessly or knowingly depositing on the land or on the building of another person, without his consent, any stink bomb or any offensive smelling compound which thereby interferes with the use and occupancy by another of the said land or building; or

e.

Maliciously, recklessly or knowingly and without authority entering into or obtaining control over any building, house trailer, motor vehicle, aircraft or water craft, or any part thereof, of another person without that person's consent.

(b)

Parental 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 acts described above with the knowledge and permission of the parent or guardian, in violation of this section, upon the occurrence of the events described in subsections (1), (2) and (3) 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 willful and malicious acts causing injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property; and,

(2)

Said parent or legal guardian shall have received a written notice thereof, by certified or registered mail, return receipt requested, or by personal service with certificate of personal service returned, from the chief of police of the city or his designated representative, following said adjudication or nonjudicial sanction; and

(3)

If at any time within one year following receipt of the notice set forth in (b)(2) above, said minor is either adjudicated to be in violation of any ordinance, law or statute as described in (b)(1) above, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described in (b)(1) above.

(c)

Any person convicted of any violation of the provisions of this section shall be fined not less than $25.00, nor more than $500.00, for each such offense.

(Ord. No. 389, §§ 1—3, 12-11-78)

Editor's note

Section 16-117 is derived from Ord. No. 389, §§ 1—3, which ordinance did not expressly amend this Code.