As used in this article, unless the context otherwise requires, the
terms specified have the meanings ascribed to them:
LEGAL GUARDIAN
A person appointed guardian or given custody of a minor by a Circuit
Court of the state, but does not include a person appointed guardian or given
custody of a minor under the Juvenile Court Act, 705 ILCS 405/1-1, as amended.
MINOR
A person who is above the age of 11 years but not yet 19 years of
age.
It shall be unlawful for any parent or legal guardian of an unemancipated
minor who resides with such parent or legal guardian to fail to pay for actual
damages for the willful or malicious acts of such minor which cause injury
to a person or to property.
A parent or legal guardian of an unemancipated minor who resides with
such parent or legal guardian shall be liable for actual damages caused by
said minor and shall be presumed to have failed to exercise proper parental
responsibility, and said minor shall be deemed to have acted with the knowledge
and permission of the parent or guardian in violation of this article whenever:
A. Said minor shall be adjudged to be in violation of any
ordinance, law or statute prohibiting willful and malicious acts which cause
injury to a person or property.
B. Said parent or legal guardian shall have served upon
them a notice in writing that said minor has received a nonjudicial sanction
from the City of Crystal Lake Police Department or other governmental agency
as a result of an admission of guilt by said minor of a violation of an ordinance,
law or statute prohibiting willful and malicious acts which caused injury
to a person or property and subsequent to receipt of said notice said minor
is adjudicated to be in violation of an ordinance, law or statute or receives
a nonjudicial sanction from any governmental agency as a result of an admission
of guilt by said minor in violation of an ordinance, law or statute.
Recovery of damages shall be pursuant and limited to an amount provided
by the Parental Responsibility Law, 740 ILCS 115/5 (Limitation on damages;
damages allowed), as amended.
This article shall not affect the recovery of damages in any other cause
of action where the liability of the parent or legal guardian is predicated
on a common law basis.