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 Elmhurst
 Code of Ordinances
 Chapter 51. OFFENSES AGAINST PUBLIC PEACE, SAFETY AND MORALS

  § 51.52. Vandalism, financial responsibility of parent or legal guardian of minor offender.  

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  • (a)

    Should any aggrieved party desire a hearing relative to any actual damages sustained by reason of any act under Section 51.50 by any unemancipated minor, such person shall petition the 18th Judicial Circuit Court in the name of the City of Elmhurst for such hearing.

    (b)

    The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is financially responsible for actual damages of such minor child as defined in Section 51.50, provided such parent or legal guardian has been served with summons and a copy of petition for hearing.

    (1)

    Hearing on such petition shall proceed in the 18th Judicial Circuit Court in the same manner as other civil proceedings concerned with ordinance violations, except that the scope of such proceedings shall cover only the issues of:

    (A)

    Whether such unemancipated minor was arrested for a violation of this Section; and

    (B)

    Whether such unemancipated minor was found by a court to have committed such trespass; notwithstanding the fact that the court may not have entered a finding of "guilty" against the unemancipated minor.

    (2)

    In the event the court shall find that (a) an unemancipated minor was arrested for a violation of Section 51.50 and shall find that (b) such unemancipated minor was found by a court to have committed the violation, then the court shall find such parent or legal guardian responsible on such petition and shall order the parent or legal guardian to make restitution in an amount not to exceed one thousand dollars ($1,000.00) or the actual loss or damage to property and/or pecuniary loss, whichever is the lesser.

    (3)

    When the court orders restitution or reparation, the court shall determine the amount and conditions of payment. If thereafter the conditions of payment have not been satisfied, the court may, upon the motion of the City and within the limits hereinabove set forth, impose such additional penalties as it deems appropriate.

(2/22/77)