HomeMy WebLinkAboutOrdinances - O-77-95 - 01/03/1977 - VANDALISM TO CITY PROPERTYORDINANCE NO. to -
61- r77-95
O R D I N A N C E
WHEREAS, acts of vandalism resulting in damage to real
or personal property within the City of McHenry have increased,
posing a threat to the value of property and the welfare of its
residents; and,
WHEREAS, it is in the best interests of the residents of
the City of McHenry that such acts be prosecuted by the City as
a local offense; that penalties therefor be imposed which are
related to the nature of the act and the type of offender; and
that parents or legal guardians of minors who allow such acts to
be committed by such minors be held responsible for the failure
to prevent the commission of such acts; and,
WHEREAS, the diligent pursuit of such interests will tend
to increase parental supervision of minors and reduce the incidence
of juvenile vandalism, thus advancing the welfare of residents of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. DEFINITIONS: For the purposes of this Ordinance,
the following definitions shall apply:
CERT. OF PUBLICATION
ATTACHED TO ORIGINAL.
Page 2
(A) "Person" shall include any individual, firm,
partnership, association, corporation, company
or organization of any kind.
(B) "Property" shall include any real estate in-
cluding improvements thereon and tangible
personal property.
(C) "Legal Guardian" shall include a person appointed
guardian, or given custody, of a minor by a Circuit
Court of this State, but does not include a person
appointed guardian, or given custody of a minor
under the Illinois Juvenile Court Act.
(D) "Minor" shall be a person who has attained eleve SL4E63
years of age, but who has not yet reached eighteen
years of age.
SECTION 2. OFFENSES: Within the City of McHenry, it shall
be unlawful:
(A) For any unemancipated minor to wilfully or maliciously
injure or cause to be injured, any person or any pro-
perty of another person without such persons consent.
(B) For any parent or guardian of any unemancipated minor
living with its parents or guardian to neglect to re-
strain such minor from committing any act prohibited
by Subsection (A) of this section. The commission of
any act prohibited by Subsection (A) of this section
by an unemancipated minor who is living with its
parents or guardian shall raise the presumption that
the parent or guardian has failed to exercise proper
parental responsibility and said minor shall be deemed
to have acted with the knowledge, permission or acqui-
escence of such parent or guardian. It shall be an
affirmative defense for the parent or guardian to prove
that such parent or guardian exercised his duty to re-
strain the unemancipated minor from committing the act
prohibited by Subsection (A) of this section complained
of in the pending action, but that such action on the
part of the parent or guardian to attempt to restrain
said minor, although exercised with due care, was un-
successful.
Page 3
SECTION 3. PENALTY:
(A) Every unemancipated minor found guilty of an
offense under Subsection (A) of Section 2 shall
be subject to a fine not less that $25.00 nor
more than $500.00 for each offense.
(B) Every person found guilty of an offense under
Subsection (B) of Section 2 shall pay a fine
not less than $25.00 nor more than $500.00.
SECTION 4. LIABILITY OF PARENT OR LEGAL GUARDIAN OF MINOR
OFFENDER:
The parent or legal guardian of an unemancipated minor de-
fendant who resides with such parent or legal guardian shall be
liable for actual damages for the wilful or malicious acts of
such minor which cause injury to a person or property, provided
that said parent or legal guardian has been served with Summons or
Notice to Appear in the original cause against such minor and all
proceedings thereafter.
No recovery under this section may exceed $500.00 actual
damages for each person, or legal entity, as provided in Illinois
Revised Statutes, Chapter 70, Section 54, for each occurrence of
such wilful or malicious acts by the minor causing injury, in
addition to taxable court costs. In determining the damages to be
allowed in an action under this Ordinance for personal injury, only
medical, dental and hospital expenses may be considered.
SECTION 5. Nothing herein shall preclude such additional
Page 4
civil remedies available to the person whose property has been
damaged by any such minor.
SECTION 6. SEVERABILITY: If any provision of this
Ordinance or application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given
effect without the invalid provision or application, and to this
end, the provisions of this Ordinance are declared to be severable.
SECTION 7. EFFECTIVE DATE: This Ordinance shall be in full
force and effect upon its passage, approval and publication in
accordance with State statutes.
PASSED: This 3rd day of January, 1977.
AYES: Bolger, Harker, Datz, Wegener, Smith, Hromec, Schaedel.
NAYS: None.
ABSENT: Pepping.
APPROVED: This 3rd day of January, 1977.
001
Mayor
ATTEST:
City Clerk