As used in this article, unless the context requires otherwise,
the following words and phrases shall have the following definitions:
COURT
The Vermilion County Circuit Court, Illinois.
CUSTODIAN
A.
A person who under court order is the custodian of the person
of a minor; or
B.
A public or private agency with which the court has placed a
minor; or
C.
A person acting in the role of a parent by reason of a private
agreement, arrangement, custom or habit.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, fire, natural disaster, automobile accident, medical emergency
or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
ESTABLISHMENT
Any privately owned place of business to which the public
is invited, including but not limited to any place of amusement or
entertainment.
GUARDIAN
B.
A person who under court order is the guardian of the person
of a minor; or
C.
A public or private agency with which the court has placed a
minor.
MINOR
A person under 17 years of age.
PARENT
A person who is a natural parent, adoptive parent, or step-parent
of another person.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
public ways, sidewalks and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and shops.
RESPONSIBLE ADULT
A person at least 18 years of age, authorized by a parent,
guardian or custodian to have the care and custody of a minor.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement or protracted loss
or impairment of the function of any bodily member or organ.
TRUANCY CURFEW HOURS
The period of the day when the school the minor would normally
attend is in session, on days when the school the minor would normally
attend is in session.
TRUANCY REVIEW BOARD
Any agency or entity established by any school district or
any federal, state or local governmental entity or any counseling
or social agency or any combination thereof recognized by the Village
and/or the court as an agency which provides service to improve education
performance and/or attendance.
TRUANT OFFICER
Any officer, appointee, employee or other agency of any school
district or any federal, state or local government, entity or any
agency thereof performing the duties of a truant officer under the
Illinois compulsory attendance statute (105 ILCS 5/26-1 et seq.).
Every member of the Police Department while on duty is hereby
authorized as follows:
A. For the first offense of any minor violating the provisions of this article, to issue to the minor a citation, in writing, in the same form as described in Subsection
C below. For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this article (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately, upon taking custody of the minor, reasonably attempt to communicate with the parent, custodian or guardian of the minor unless Subsection E herein is applicable. A parent, custodian or guardian must take custody of the minor within one hour of the time of notice or be subject to a charge of $25 per hour as hereinafter provided.
B. Whenever a police officer or truant officer witnesses or has knowledge
based on reasonable grounds of a violation of this article by any
person, such person may be issued a citation. A citation or complaint
may be made to a police officer or truant officer by any person.
(1) A citation issued hereunder this shall be in writing and shall:
(a)
State the name of the person being cited and the person's address,
if known;
(b)
Set forth the specific section of this article that was violated,
the date of the violation and a brief description of the violation;
(c)
Be signed by the issuing police officer, truant officer or complaining
party.
(2) In each instance where a citation is issued to a minor for violation
of this article, a minor's parent, custodian or guardian shall be
provided a copy of the citation notifying the parent, custodian or
guardian of the charge made against the minor.
C. A minor cited for a citation under this article must attend a court
hearing or Truancy Review Board hearing on the citation and must be
accompanied at the hearing by his or her parent, custodian, guardian
or other adult person having the legal care and custody of the minor.
If any such person fails to attend any court hearing with the minor,
and unless the interest of justice would otherwise be served, the
court may continue the hearing and shall issue a notice or a rule
to show cause to the person, directing said person to appear at the
continued hearing with the minor. Failure of the person to thereafter
appear shall subject said person to sanctions for contempt of court
as determined by the court.
D. Every member of the Police Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of §
260-72 of this article, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.
If a minor is detained for a period of time in excess of one hour which requires the supervision of the minor by personnel of the Police Department, the parent, custodian, guardian or other adult having legal care or custody of the minor shall be jointly and severally liable for the costs therefor. The parent, custodian, guardian or other adult having legal care or custody of the minor who has committed any offense under this article shall be assessed and billed for the costs; the costs shall be recoverable in any action enforcing any provision of this article or in a separate civil action. In addition, the failure to pay the costs shall constitute a violation of this article and subject the violator to the penalties described in §
260-75 above. In the event any action is filed, the liable party shall be responsible for all court costs and any reasonable attorney's fees incurred by the Village in collecting.