Chapter 9.32
PARENTAL RESPONSIBILITY

Sections:

9.32.010    Failure to exercise parental responsibility.

9.32.020    Presumption.

9.32.030    Definitions.

9.32.040    Supervision.

9.32.050    Court or administrative adjudication appearance of parents.

9.32.060    Penalties.

9.32.070    Administrative adjudication.

9.32.010 Failure to exercise parental responsibility.

It shall be unlawful for the parent or legal guardian of an unemancipated minor residing with such parent or legal guardian to fail to exercise proper parental responsibility by allowing or permitting such minor to commit any violation of a village ordinance or state statute. (Ord. 2002-02 § 1, 2002; Ord. 94-5 § 1, 1994)

9.32.020 Presumption.

A parent or legal guardian shall be presumed to have allowed or permitted the minor to have committed a violation of a village ordinance or state statute under all of the following conditions:

A. The minor has been either adjudicated to be in violation of any ordinance or state statute as described in RMC 9.32.010; or

B. The minor has been charged with the violation of any ordinance or state statute as described in RMC 9.32.010 (except if found to be not guilty); or

C. The minor has incurred nonjudicial sanctions from any peace officer, police officer, or conservator of the peace resulting from an admission of guilt to an offense of an ordinance or state statute as described in RMC 9.32.010. (Ord. 2002-02 § 1, 2002; Ord. 99-51, 1999; Ord. 94-5 § 1, 1994)

9.32.030 Definitions.

The following terms shall have the meaning ascribed to them for the purposes of this chapter:

A. “Legal guardian” means a person appointed guardian or given custody of a minor by a court, but it does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act, as amended, in the state of Illinois.

B. “Minor” means any person who has not yet attained the age of eighteen. (Ord. 2002-02 § 1, 2002; Ord. 94-5 § 1, 1994)

9.32.040 Supervision.

It is the policy of the village of Riverdale to permit the village prosecutor to use the provisions of the Unified Code of Corrections, as amended, of the state of Illinois pertaining to supervision in order to further the ends of justice, restitution, and purposes of this chapter. (Ord. 2002-02 § 1, 2002)

9.32.050 Court or administrative adjudication appearance of parents.

It is the policy of the village that a parent or legal guardian of the minor be notified and required to appear in court whenever that minor is charged with a violation of an ordinance or state statute which requires a minor’s appearance in court or at administrative adjudication. (Ord. 2002-02 § 1, 2002; Ord. 99-51, 1999; Ord. 94-5 § 1, 1994)

9.32.060 Penalties.

Any person convicted of any violation of the provisions of this chapter shall be fined not less than twenty-five dollars, nor more than seven hundred fifty dollars for each offense, and in addition may be sentenced to probation or conditional discharge with the conditions being that the parent or legal guardian make restitution or reparation in an amount not to exceed actual loss or damage to property or pecuniary loss. The court or administrative hearing officer shall determine the amount and conditions of payment. Where the conditions of payment have not been satisfied, the court or administrative hearing officer may, at any time prior to the expiration or termination of the period of probation or of conditional discharge, impose an additional fine. The village attorney, at his discretion, shall seek to nonsuit and ask for dismissal of charge upon satisfactory termination of the conditions of conditional discharge as set forth by the trial judge or administrative hearing officer. In addition to and in lieu of penalties set forth above, a period of community service as ordered by the court or administration hearing officer may be imposed on the minor who violates any provision of this chapter. The court or administrative hearing officer is asked to be firm but flexible in the assigning of community service with intent to quickly modify negative behavioral traits. (Ord. 2002-02 § 1, 2002; Ord. 99-51, 1999; Ord. 94-5 § 1, 1994)

9.32.070 Administrative adjudication.

The village has adopted provisions providing for the administrative adjudication of certain village code violations. This chapter shall incorporate the provisions of Chapter 11.02 RMC providing for administrative adjudication as if the same were set forth herein. (Ord. 2002-02 § 1, 2002; Ord. 99-51, 1999)