[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 11-27-1978 by L.L. No. 11-1978. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Bellerose finds that there have been many complaints by residents of the village with reference to acts of disorderly conduct on the part of minors which, in significant part, are occasioned by a failure of the parent or parents of the minor. The Board of Trustees desires, by this chapter, to provide a means to alert parents to their responsibilities to both the minor and society in general, and it is the intent of the Board of Trustees, in the adoption of this chapter, to accomplish effective parental control and supervision of minors.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person under the age of 18 years.
- Includes either or both parents of a minor, the legal guardian or guardians of such minor or any other person or persons having the care or custody of a minor committing a violation of the public peace. However, the term "parent" shall not apply to parents, legal guardians or other persons whose custody and control over such minor has been removed by court order, decree, judgment, military service or marriage of such minor.
- VIOLATION OF THE PUBLIC PEACE
- Includes any of the acts prohibited by Chapter 157 of the Code of the Incorporated Village of Bellerose and shall also include the following acts: defacing, damaging or destroying public property or the private property of another within the Incorporated Village of Bellerose; committing an assault or assault and battery upon another within the Incorporated Village of Bellerose; breaking and entering or entering without breaking into the property of another without the permission of the owner or person in control of that property; threatening another with the intention of extorting money or anything of value; possession of fireworks or any explosive devices prohibited by general law; possession of a concealed weapon; or violation of any of the provisions of any chapter of the Code of the Incorporated Village of Bellerose.
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage a minor to commit a violation of the public peace, as defined by this chapter, either by overt act, by failure to act or by lack of supervision or control of such minor.
Where a minor is apprehended for a violation of the public peace within the Incorporated Village of Bellerose and whether or not he is charged and brought before a competent court in connection with such apprehension, the apprehending authority or observing authority shall notify the Village Clerk, who shall forthwith serve written notice of the act on the parent of such minor. If at any time within one year of the giving of such notice such minor shall be apprehended and charged with a violation of the public peace, there shall arise a presumption that the parent of the minor allowed, permitted and suffered said minor to commit a violation of the public peace.
Any parent who shall violate the terms of this chapter shall, upon conviction thereof, be subject to punishment by a fine not to exceed $250 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.
It shall be no defense to a prosecution of a parent under the provisions of this chapter that the minor shall not have been convicted of the offense underlying the alleged violation of the public peace. It shall be sufficient, in the establishment of a violation of this chapter, for it to be shown that the minor committed a breach of the public peace for which he is not subject to punishment by reason of age or that the minor committed such breach of the public peace but was not prosecuted therefor or punished therefor by reason of an exercise of discretion on the part of the prosecuting authority.
The provisions of this chapter shall be cumulative, not exclusive, and the state or any other person shall have the right to proceed to enforce any other legally available remedies against a person found guilty under the provisions of this chapter.