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O-840-94 04/25/94ITEM VI.C.6 VILLAGE OF LEMONT ORDINANCE NO. cF�6.) AMENDMENT TO PARENTAL RESPONSIBILITY LAW ORDINANCE NO. cf ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This c day of G -,-Sw , 1994. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will & DuPage Counties, Illinois, this 0S day of Q ,J2. , 1994. 1' AMENDMENT TO PARENTAL RESPONSIBILITY LAW ORDINANCE NO. BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that the Lemont Municipal Code Chapter 9.52 entitled "Minors - Parental Responsibility Law" be amended as follows: 9.52.010 DEFINITIONS. LEGAL GUARDIAN: Includes 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 "Juvenile Court Act" approved August 5, 1965, as now or hereafter amended, being 705 Illinois Compiled Statutes 405/1 -1 et seq., as amended. MINOR: A person who is above the age of eleven (11) years, but not yet nineteen (19) years of age. 9.52.051 RECOVERY OF DAMAGES. In addition to the penalty provisions of this Chapter, the parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the willful or malicious acts of such minor which cause injury to a person or property. A. Enforcement: The Village, or any county, township or any other political subdivision or department of the State of Illinois, or any person, partnership, corporation, association or any incorporated or unincorporated religious, educational or charitable organization is entitled to enforce the liability imposed by this Section. B. Limitations on Recovery of Damages: No recovery under this Section may exceed One Thousand Dollars ($1,000.00) actual damages for each person, or legal entity as provided in subsection C of this Section, 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 action under this Section for personal injury, only medical, dental and hospital expenses and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto may be considered. C. Effect on Other Actions: This Section 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. This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this Xday of , 1994. AYES NAYS PASSED ABSENT Barbara Buschman Alice Chin Keith Latz V William Margalus Richard G. Rimbo ✓ Ralph Schobert V Approved by me this a5iay of Attest: LENE SMO LEN, Village Clerk B: \ORDINANC \PARENTAL.RES A-xte-ry CHARLENE SMOT I.RN, Village Clerk , 1994. �i. �; arIFI : SNESKI, Village President EMERGENCY DIAL 9 -1 -1 LEMONT POLICE DEPARTMENT 416 MAIN STREET LEMONT,, ILLINOIS 60439 From the Desk of: CHIEF JOHN J. BLUIS BUSINESS 708 -257 -2229 March 15, 1994 TO : Steve Jones / Village Administrator SUBJECT : Amendment to Parental Responsibility Law I reviewed our Village ordinance that pertains to parental responsibility. I found that our ordinance does not have a section that holds the parent of a juvenile responsible for any monetary damages. The juvenile court system does not force any parent to make restitution and usually it is up to the victim to sue civilly to recover damage with the amendment of our ordinance, it will make the parent liable for any damages whether it be property or personal injury up to $1,000.00. I request that this amendment be put on the agenda either for the March or April Committee Of The Whole meeting which ever is convenient for the Board. ITEM VI.C.6 VILLAGE OF LEMONT ORDINANCE NO. Fq(-) AMENDMENT TO PARENTAL RESPONSIBILITY LAW ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This day of , 1994. in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will & DuPage Counties, Tlli Bois, this O. 5tA, day of , 1994. AMENDMENT TO PARENTAL RESPONSIBILITY LAW ORDINANCE NO. X)- ° BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that the Lemont Municipal Code Chapter 9.52 entitled "Minors - Parental Responsibility Law" be amended as follows: 9.52.010 DEFINITIONS. LEGAL GUARDIAN: Includes 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 "Juvenile Court Act" approved August 5, 1965, as now or hereafter amended, being 705 Illinois Compiled Statutes 405/1 -1 et seq., as amended. MINOR: A person who is above the age of eleven (11) years, but not yet nineteen (19) years of age. 9.52.051 RECOVERY OF DAMAGES. In addition to the penalty provisions of this Chapter, the parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the willful or malicious acts of such minor which cause injury to a person or property. A. Enforcement: The Village, or any county, township or any other political subdivision or department of the State of Illinois, or any person, partnership, corporation, association or any incorporated or unincorporated religious, educational or charitable organization is entitled to enforce the liability imposed by this Section. B. Limitations on Recovery of Damages: No recovery under this Section may exceed One Thousand Dollars ($1,000.00) actual damages for each person, or legal entity as provided in subsection C of this Section, 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 action under this Section for personal injury, only medical, dental and hospital expenses and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto may be considered. C. Effect on Other Actions: This Section 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. This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND � DUPAGE, ILLINOIS, on this o5 da y of , 1994. AYES IjA111 PASSED ABSENT Barbara Buschman ✓ Alice Chin ✓ Keith Latz William Margalus Richard G. Rimbo V Ralph Schobert Approved by me this c 5iday of Att - st: /, • • LENE SMOLLEN, Village Clerk B: \OR OINANC \PARENTAL.RES N, Village Clerk , 1994. WAS ESKI, Village President EMERGENCY DIAL 9 -1 -1 LEMONT POLICE DEPARTMENT 416 MAIN STREET BUSINESS 708 - 257 -2229 LEMONT, ILLINOIS 60439 From the Desk of: CHIEF JOHN J. BLUIS March 15, 1994 TO : Steve Jones / Village Administrator SUBJECT : Amendment to Parental Responsibility Law I reviewed our Village ordinance that pertains to parental responsibility. I found that our ordinance does not have a section that holds the parent of a juvenile responsible for any monetary damages. The juvenile court system does not force any parent to make restitution and usually it is up to the victim to sue civilly to recover damage with the amendment of our ordinance, it will make the parent liable for any damages whether it be property or personal injury up to $1,000.00. I request that this amendment be put on the agenda either for the March or April Committee Of The Whole meeting which ever is convenient for the Board.