G52-76 Ordinance No. G52-76
AN ORDINANCE
PROHIBITING ACTS OF VANDALISM AND IMPOSING PENALTIES AND RESPONSIBILITY
WHEREAS, acts of vandalism resulting in damage to real and personal
property committed by juveniles have increased; and
WHEREAS, such acts of vandalism have assumed such proportions as to
represent a serious threat to the value of the property and the welfare of
residents of the City of Elgin; and
WHEREAS, the City of Elgin finds that increased parental responsibility
for actions of their children is essential to promote the reduction in
incidents of juvenile vandalism thereby reducing property loses; and
WHEREAS, the City of Elgin is a home rule unit within the meaning of
Article VII, 6 and 6a of the Illinois Constitution, and may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, the protection of property and reduction of criminal acts are matters
within the authority of the government of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 10.65 entitled "VANDALISM' be and is hereby
added to the Municipal Code of the City of Elgin, 1976, as amended, and
shall read as follows:
CHAPTER 10.65 VANDALISM
10.65.010. Definitions. As used in this chapter the following
terms shall have the meanings recited herein:
(a) "Person" shall mean any individual, firm, partnership,
association, corporation, company, or organization of any
kind, State of Illinois, or any governmental unit.
(b) "Property" shall include any real estate including improve-
ments thereon, and tangible personalty.
(c) "Parents"shall include the lawful father or mother of an
unemancipated minor, whether by birth of adoption.
(d) "Legal Guardian" shall include a person appointed guardian,
or given custody, of a minor, by a Circuit Court of this state
or similar court in any other state, but does not include a
person appointed guardian or given custody of a minor under the
Illinois Juvenile Court Act.
(e) "Minor" shall include the natural person who has attained
11 years of age and who has not yet reached 18 years of age.
10.65.020. Acts of Vandalism. It shall be unlawful for any
minor to commit any of the following acts within the corporate
limits of the City of Elgin:
(a) Willfully, recklessly, or knowingly damage, deface, or
destroy any property of another without his consent.
(b) Knowingly and without authority enter into or obtain control
over any motor vehicle, bicycle, building, house, trailer, aircraft
or watercraft or any part thereof of another person without his
consent.
10.65.030. Parental Responsibility.
(a) The parent or legal guardian of an unemancipated minor who
resides with such parent or legal guardian shall be liable for
acts of vandalism committed by said minor.
(b) A minor shall be deemed to have committed the offenses
enumerated in this chapter with the knowledge, consent, acquiescence
and permission of such minor's parent or legal guardian. Such legal
guardian shall be liable for the payment of any fine, requirement
of restitution or reparation which may be imposed by a court upon
the minor defendant for a violation of this ordinance. Parental X1)
responsibility under this section shall apply where a parent or
legal guardian has received written notice, either by certified or
registered mail, return receipt requested, or by personal service
of summons or notice to appear.
10.65.040. Penalty.
Any person convicted of any violation of the provisions of this
ordinance shall be fined not less than Twenty-Five ($25) Dollars
nor more than Five Hundred ($500) Dollars for each offense. Any
conditional discharge of any person charged with an offense of
this ordinance shall be conditioned upon the payment in full of
any property damage by the minor and his parents or guardian."
Section 2. That this ordinance shall be in full force and effect from
and after its passage in the manner provided by law and its publication in
pamphlet form by authority of the City Council.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: December 8, 1976
Passed: December 8 , 1976
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk