Loading...
HomeMy WebLinkAboutOrd 3405 03/06/1984ORDINANCE NO. 3405 AN ORDINANCE TO AMEND ARTICLE IV ENTITLED "OFFENSES AGAINST PROPERTY" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 6th DAY OF MARCH , 1984. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the 9th day of MARCH , 1984. l104R ORDINANCE NO. 3405 AN ORDINANCE TO AMEND ARTICLE IV ENTITLED "OFFENSES AGAINST PROPERTY" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Article IV entitled "Offenses Against Property" of Chapter 23 of the Village Code of Mount Prospect, Illinois (1981) is hereby amended as follows: A. By adding a new Section 23.404 entitled "Vandalism" to read as follows: "Sec. 23.404. Vandalism. It shall be unlawful for any person to commit any of the following acts within the corporate limits of the Village of Mount Prospect: Willfully, maliciously, recklessly or knowingly damage, deface, or destroy any property of another person without his consent; or Willfully, maliciously, recklessly or knowingly start a fire on the land of another person without his consent; or Willfully, maliciously, recklessly or knowingly deposit on the land or in a building of another, without his consent, any stink bomb, or other offensive smelling compound and thereby interfere with the use and occupancy by another of the land or building; or Be 4. Willfully, maliciously, recklessly or knowingly and without authority enter into any building, = ~ house trailer, motor vehicle, aircraft of water- 'craft, or any part thereof of another person without his consent. Any person convicted Of a violation of any provision of this Section shall be fined not less than twenty- five dollars ($25.00) or in excess of five hundred dollars ($500.00) for each offense." By adding a new Section 23.405 entitled "Minor Offenders; Financial Responsibility of Parent or Legal Guardian" to read as follows: "Sec. 23.405. Minor Offenders; Financial Responsibility of Parent or Legal Guardian. The parent or legal guardian of an unemancipated juvenile who resides with such parent or legal guardian is liable for actual damages for the willful or malicious acts of such juvenile which cause injury or loss to the property of the public or any person. De Ee Said juvenile shall be deemed tO have committed the offense or offenses enumerated in this Article with the knowledge, consent, acquiescence and permission of the parent or legal guardian, in violation of this Section. The said parent or legal guardian shall be liable for restitution or reparation in an amount equal to the actual loss or damage to the property and/or pecuniary loss imposed by a Court upon the minor defendant for violation of this Article. When the Court orders restitution or reparation, the Court shall determine the amount of and conditions for payment. If the parties have not agreed on the amount of damages, the Judge shall conduct a separate hearing on that issue. The measure of liability shall be the cost of repairing partially damaged property or the deprecigted replace- ment cost of property damaged beyond repair. The amount of the actual loss or damage shall be presumed to be that amount represented by not less than two (2) bonafide itemized estimates of the damages incurred or an actual bill for repair or replacement presented by the victim. The defenant shall then have an opportun- ity to rebut the cost set forth in the aforesaid documents. If thereafter the conditions of payment have not been satisfied, the Court may, upon the motion of the Village and within the limits hereinabove set forth, impose such additional penalties as it deems appropriate. In cases of ~actual or pecuniary loss or damage to public property, the Court, on petition of the Village Prosecutor, may in its j~dgment and absolute discre- tion in addition or in lieu of any restitution, repara- tion or fine as hereinabove provided, direct and require that any juvenile found guilty hereunder, perform appropriate and reasonable services to or for any departments of the Village including but not limited to maintenance of parks, office or janitorial work. In cases where this Section is imposed as a penalty and subsequently satisfied, the provisions of this Section regarding parential responsibility shall not apply. No parent or legal guardian of an unemanclpated juvenile who resides with such parent or legal guardian shall be held liable for damages as provided for in this Section, unless he or she is made a party defendant. A parent or legal guardian shall be made a party defendant by having received a written notice setting forth the charges against such unemancipated juvenile either by certified or registered mail, return receipt requested, or by personal s~vice, with a certificate of personal service returned to the Police Department of the Village prior to the filing of any lawsuit to recover such damages. Nothing in this Section shall prevent the Court from ordering, as part of reparations, that the juvenile, in appropriate cases, be required to perform the cleanup or repair of the damaged property." - 2 - SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in accordance with law. PASSED and APPROVED this 6th day of March , 1984. AYES: Arthur, Farley, NAYS: None ABSENT: None Floros, ATTEST: Village Clerk Murauskis, Van Geem, Wattenberg Village President