For the purpose of this Article II, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A person appointed guardian or given custody of a minor by
a Circuit Court of the state or by the appropriate court of another
jurisdiction, but shall not include a person appointed as guardian
or given legal custody of a minor under the Juvenile Court Act.
A person who is above the age of 11 years but not yet 19
years of age.
[Amended 7-27-2016 by Ord. No. 16-16]
The natural or legally adoptive father or mother of any minor
child.
Each act of willful and malicious destruction of property
against different property owners or against the same property owner
on different occasions shall constitute a separate act of willful
and malicious destruction of property.
It shall be unlawful for any person to willfully and maliciously
injure, deface, destroy, interfere, or otherwise destroy or damage
any property belonging to another, whether public or private, within
the Village. Any person committing the above act or acts shall be
guilty of the offense of willful and malicious destruction of property.
A.
In the absence of evidence to the contrary, the parent or legal guardian of a minor child residing with the parent or legal guardian or over which the parent or legal guardian has control shall be presumed to have failed to exercise proper parental responsibility and the minor shall be deemed to have acted with the knowledge and permission of the parent or guardian in violation of § 131-16 whenever the minor shall:
[Amended 7-27-2016 by Ord. No. 16-16]
(1)
Be adjudicated to be in violation of any ordinance, law, or statute
prohibiting willful or malicious acts causing injury to property;
or
(2)
Have incurred nonjudicial sanctions from another governmental agency
or body resulting from an admission of guilt or violation of any ordinance,
law, or statute which prohibits willful or malicious acts causing
injury to a person or property.
B.
However, any parent or legal guardian of any minor committing the act of willful and malicious destruction of property and held responsible under the provisions of this section shall first be given written notice by registered or certified mail, return receipt requested, or by personal service with a certificate of such service sent or delivered by the Police Department or other Village officials, as the Village Board shall from time to time direct. The notice shall inform the parent or legal guardian of the acts of the minor in violation of any ordinance, law, or statute prohibiting wilful or malicious acts causing injury to property which caused the presumption of failure to exercise proper parental responsibility. The notice shall be given to the parent or legal guardian prior to any fine or damages assessed under this Article II being imposed.
All money collected under this Article II as damages shall be paid to or for the benefit of the owner or owners of the property damaged or destroyed or to the person who suffered the damage or loss sustained by the act of willful and malicious destruction of property involved.
