[Added 5-16-2024 by Ord. No. 2024-0516A[1]]
[1]
Editor's Note: This ordinance also renumbered former Art. XIV, Violations and Penalties, comprised of § 195-27, as Art. XV; this article was further renumbered to Art. XVI to accommodate the addition of Ord. No. 2024-0919.
A person is legally accountable for the conduct of another when:
A. 
Having a mental state described by the statute defining the offense, he or she causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state;
B. 
The section defining the offense makes him or her so accountable; or
C. 
Either before or during the commission of an offense, and with the intent to promote or facilitate that commission, he or she solicits, aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense. When two or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the act of all parties to the common design or agreement and all are equally responsible for the consequences of those further acts. Mere presence at the scene of a crime does not render a person accountable for an offense; a person's presence at the scene of the crime, however, may be considered with other circumstances by the trier of fact when determining accountability. A person is not so accountable, however, unless the section defining the offense provides otherwise, if:
(1) 
He or she is victim of the offense committed; or
(2) 
The offense is so defined that his or her conduct was inevitably incident to its commission; or
(3) 
Before the commission of the offense, he or she terminates his or her effort to promote or facilitate that commission, and does one of the following:
(a) 
Wholly deprives his or her prior efforts of effectiveness in that commission;
(b) 
Gives timely warning to the proper law enforcement authorities; or
(c) 
Otherwise makes proper effort to prevent the commission of the offense.
A. 
Purpose and intent. Minors are just as likely as adults to be involved in a wide range of unacceptable behavior including theft, vandalism, alcohol and drug use, breaking and entering, damage to property and disorderly conduct. A breakdown or loss of supervision and guidance by parents and legal guardians contributes to minors being involved in such conduct. The Village has an obligation to provide for the protection of the general public and for the reduction of the incidence of juvenile criminal activity. The Village seeks to provide such protection through enforcement of parental control over and responsibility for minors. Parental responsibility for the whereabouts and actions of minors is the accepted norm and legal sanctions to enforce such responsibility has demonstrated effectiveness in increasing such responsibility and decreasing juvenile delinquency.
B. 
For the purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively:
LEGAL GUARDIAN
A person appointed guardian, or given custody of a minor by a Circuit Court of the state, except a person appointed guardian or given custody of a minor under the Juvenile Court Act.
MINOR
A person who is not yet 18 years of age.
C. 
The parent or legal guardian of any unemancipated minor residing with such parent or legal guardian shall exercise reasonable and proper care and diligence with respect to their supervision over such minor's whereabouts and actions.
D. 
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 such minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian resulting in such parent or legal guardian being in violation of this section, upon the occurrence of the events described below:
(1) 
An unemancipated minor residing with such parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law, or statute prohibiting intentional, willful, malicious, or wanton acts which may cause or result in injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission or finding of guilt of a violation of any ordinance, law, or statute prohibiting intentional, willful, malicious acts which may cause or result in injury to a person or property; and
(2) 
Such parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned, from the Police Department of the Village following such adjudication or nonjudicial sanction; and
(3) 
If, at any time within one year following receipt of the notice set forth in Subsection D(2) above, such minor is either adjudicated to be in violation of any ordinance, law, or statute as described in Subsection D(1) above, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission or finding of guilt of a violation of any ordinance, law, or statute as described in Subsection D(1) above.
E. 
Any person convicted of any violation of the provisions of this section shall be fined not less than $150 nor more than $1,000 for each offense. In addition to any fine imposed hereunder, the offender shall be ordered to pay all of the costs and fees incurred by the Village in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.