HomeMy WebLinkAboutOrd 3187 02/16/1982 RDINANf/ENO. 3187
AN ORDINANCE A~4ENDING ARTICLE III OF CHAPTER 23
ENTITLED "TRESPASS" OF THE VILLAGE CODE
PASSED AND ~L~PROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
T~ ] 6th DA~ OF February , 1982
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois the
17th day of February , A.D.
1982.
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2/8/82
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 23
ENTITLED "TRESPASS" OF THE VILLAGE CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
BECTION ONE: That the Village Code of the Village of
~ount Prospect, as amended, be and the same is hereby further
~mended by deleting therefrom in its entirety Section 23.308
~nd by substituting therefor the following Section 23.~308; so
that said Section 23.308 shall be and read as follows:
Sec. 23.308. Minor Offenders; Financial Responsibility
of Parent or Legal Guardian.
Ao
The parent or legal guardian of an unemancipated
juvenile who resides with such parent or legal
guardian is liable for actual damages for the
~ilfut or malicious acts of such huvenile which
caused injury or loss to a person or property.
g o
Said juvenile shall be deemed to have committed
the offense or offenses enumerated in this Article
with the knowledge, consent, acquiescense and
permission of the parent or legal guardian, in
violation of this Article.
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 dama~ges, 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
depreciated replacement 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 bonafide itemized
estimates of the damages incurred or an actual
bill for repair or replacement presented by the
victim. The defendant shall then have an
opportunity 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 penalities as it deems appropriate.
In cases of acutal or pecuniary loss or damage
to public property, the court, on petition of
the Village Presecutor, may in its judgment and
absolute discretion in addition or in lieu of any
restitution, reparation or fine as hereinabove
provided, direct and require that any juvenile
found guilty hereunder, perform appropriate
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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
Section 23.308 shall not apply.
B o
No parent or legal guardian of an unemancipated
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 service, with a certificate of
personal service returned to the Police
Department of the Village of Mount Prospect
prior to the filing of any lawsuit to recover
such damages.
Co
Nothing in this Section shall prevent the court
from ordering, as a part of reparations, that
the juvenile, in appropriate cases, be required
to perform the cleanup or repair of the damaged
property. "
SECTION TWO: That this Ordinance shall be in full force and
~ffect from and after its passage, approval and publication
in the manner provided by law.
~YES: Arthur, Farley, Floros, Miller, Murauskis
NAY S: None
qB SENT: Wattenberg
PASSED and APPROVED this 16th day of February
, 1982.
RTTEST:
Village Clerk
Village~ President