Chapter 2
MINORSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350
5-2-1: CURFEW:
5-2-1-1: DEFINITIONS:
5-2-1-2: OFFENSES; PENALTY FOR VIOLATION:
5-2-1-3: DETAINING CHILD:
5-2-2: VANDALISM, PARENTAL RESPONSIBILITY:
5-2-3: POSSESSION, SALE AND DELIVERY OF TOBACCO TO MINORS PROHIBITED:
5-2-4: SALE OR POSSESSION OF TOBACCO ACCESSORIES AND SMOKING HERBS BY MINORS PROHIBITED:
5-2-5: OFFENSES CONCERNING ALCOHOLIC LIQUOR AND MINORS:
5-2-6: INCITING VIOLATIONS BY MINORS:
5-2-7: IMPROPER SUPERVISION OF MINORS:
5-2-8: DISORDERLY ASSEMBLIES:
5-2-9: PENALTIES:
5-2-10: PARENTAL RESPONSIBILITY FOR UNPAID PENALTIES:

5-2-1: CURFEW:linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765546
5-2-1-1: DEFINITIONS:linklink

As used in this section 5-2-1:

CURFEW HOURS: Eleven o'clock (11:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until six o'clock (6:00) A.M. of the following day; and one minute after twelve o'clock (12:01) A.M. Friday or Saturday until six o'clock (6:00) A.M. of the following day.

EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

GUARDIAN: A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.

MINOR: Any person under eighteen (18) years of age.

OPERATOR: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

PARENT: A person who is: a natural parent, adoptive parent, or stepparent of another person; or at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

REMAIN: To linger or stay; or to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord. 04-4-3, 4-13-2004; amd. Ord. 06-11-25, 11-21-2006)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765547
5-2-1-2: OFFENSES; PENALTY FOR VIOLATION:linklink


A. A minor commits an offense if he remains in any public place or on the premises of any establishment within the village during curfew hours.


B. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the village during curfew hours.


C. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.


D. It is a defense to prosecution under this section that the minor was:

1. Accompanied by the minor's parent or guardian;

2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;

3. In a motor vehicle involved in interstate travel;

4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

5. Involved in an emergency;

6. On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence;

7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor;

8. Exercising first amendment rights protected by the United States constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

9. Married or had been married or is an emancipated minor under the emancipation of mature minors act, as amended.


E. It is a defense to prosecution under subsection C of this section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.


F. Before taking any enforcement action under subsection D of this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection D of this section is present.


G. Any person violating any provision of this section shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense except where a specific penalty is provided for in a specific section hereof or is limited by state statute. Each day's continued violation shall be deemed a separate offense. (Ord. 04-4-3, 4-13-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765548
5-2-1-3: DETAINING CHILD:linklink

Each member of the police force while on duty is hereby authorized to detain any person wilfully violating the provisions of section 5-2-1-2 of this chapter until the parent or legal guardian of the child shall take him or her into custody; but such officer shall immediately upon taking custody of the child communicate with the parent or legal guardian. (Ord. 259, 4-18-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765549
5-2-2: VANDALISM, PARENTAL RESPONSIBILITY:linklink


A. Definitions: As used in this section:

LEGAL GUARDIAN: A person appointed guardian, or given custody, of a minor by a circuit court of the state, but does not include a person appointed guardian, or given custody of a minor under the juvenile court act1.

MINOR: A person who is above the age of eleven (11) years, but not yet seventeen (17) years of age. (Ord. 259, 4-18-1977; amd. 1982 Code)


B. Violations: The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this section, upon the occurrence of the events described in subsections B1, B2 and B3 of this section:

1. An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property; and

2. Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned, from the police department of the village following said adjudication or nonjudicial sanction; and

3. If at any time within one year following receipt of the notice set forth in subsection B2 of this section, said minor is either adjudicated to be in violation of any ordinance, law or statute as described in subsection B1 of this section, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt or violation of any ordinance, law or statute as described in subsection B1 of this section. (Ord. 259, 4-18-1977)


C. Penalty: Any person violating any provision of subsection B of this section shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense except where a specific penalty is provided for in a specific section hereof or is limited by state statute. Each day's continued violation shall be deemed a separate offense. (Ord. 02-3-7, 3-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765550
5-2-3: POSSESSION, SALE AND DELIVERY OF TOBACCO TO MINORS PROHIBITED:linklink


A. No minor under eighteen (18) years of age shall buy or possess any cigar, cigarette, pipe, smokeless tobacco or tobacco in any of its forms within the corporate limits of the village.


B. No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, pipe, smokeless tobacco or tobacco in any of its forms, to any minor under eighteen (18) years of age within the corporate limits of the village.


C. Any person who violates any provision of subsection A or B of this section is guilty of an offense and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the first offense. For a second or subsequent offense, fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00). (Ord. 02-3-7, 3-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765551
5-2-4: SALE OR POSSESSION OF TOBACCO ACCESSORIES AND SMOKING HERBS BY MINORS PROHIBITED:linklink


A. Definitions:

SMOKING HERBS: All substances of plant origin and their derivatives, including, but not limited to: broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimsonweed and other members of the Datura gensus, passionflower and wild lettuce, which are processed or sold primarily for the use as smoking materials.

TOBACCO ACCESSORIES: Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines, and other items, designed primarily for the smoking or ingestion of tobacco products or of substances whose sale, gift, barter, or exchange is made unlawful by the Illinois Complied Statutes2. "Cigarette paper" shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the cigarette tax act3 or the cigarette use tax act4.


B. Sale To Minors/Possession By Minors: No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered or given away tobacco accessories or smoking herbs to any person under eighteen (18) years of age. No person under eighteen (18) years of age shall possess any tobacco accessories or smoking herbs within the corporate limits of the village.


C. Sale Of Cigarette Paper: No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away to any person under eighteen (18) years of age.


D. Sale Of Cigarette Paper From Vending Machine: No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away by use of a vending or coin operated machine or device to any person under eighteen (18) years of age.


E. Use Of Identification Card: No person under the age of eighteen (18) years in furtherance or facilitation of obtaining smoking accessories and smoking herbs shall display or use a false or forged identification card or transfer, alter or deface an identification card.


F. Warning To Minors: Any person, firm, partnership, company or corporation operating a place of business where tobacco accessories and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement: "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be printed on a white card in red letters at least one-half inch (1/2") in height.


G. Penalty: Any person who violates any provision of this section is guilty of an offense and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the first offense. For a second or subsequent offense, any person who violates any provision of this section shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00). (Ord. 02-3-7, 3-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765552
5-2-5: OFFENSES CONCERNING ALCOHOLIC LIQUOR AND MINORS:linklink


A. Definitions:

ALCOHOLIC LIQUOR: Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes.

IDENTIFICATION CARD: A written, printed or photostatic document issued by or represented to be issued by a public officer of a federal, state, county or municipal government, or subdivision or agency thereof, in the performance of his or her official duties and evidencing the age and identity of a person, including, without limitation, a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued by the United States armed forces to a member thereof.

LEGAL GUARDIAN: 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 Illinois juvenile court act of 19875.

MINOR: A person who has not yet reached eighteen (18) years of age.

PARENT: A natural or adoptive parent or a court designated guardian.

VEHICLE OR PREMISES: Any privately owned and operated motor vehicle, conveyance or vessel; any house or apartment; any hotel, motel or bed and breakfast room or any similar premises to which the general public is not normally admitted.


B. Prohibitions Regarding Minors: Subject to the exceptions set forth in subsection C of this section:

1. It shall be unlawful for any person to sell, give, deliver, dispense or furnish alcoholic liquor to any person under the age of twenty one (21) years.

2. It shall be unlawful for any person, after purchasing or otherwise obtaining alcoholic liquor, to sell, give, deliver, dispense or furnish such alcoholic liquor to any person under the age of twenty one (21) years.

3. It shall be unlawful for any person under the age of twenty one (21) years to purchase, obtain, receive, accept, have in his or her possession or control, sell, give, deliver, mix, dispense, serve, furnish or consume alcoholic liquor.

4. It shall be unlawful for any person under the age of twenty one (21) years within the village of Riverwoods to be under the influence of alcohol, or under the influence of cannabis listed in the cannabis control act, or under the influence of a controlled substance listed in the Illinois controlled substances act or under the influence of an intoxicating compound listed in the use of intoxicating compounds act. A person under the age of twenty one (21) years within the village of Riverwoods shall be considered to be under the influence of alcohol if the alcohol concentration in the person's blood or breath is more than 0.00 based on the definition of blood and breath units in section 11-501.2 of the Illinois rules of the road, 625 Illinois Compiled Statutes 5/11-100 et seq.

5. It shall be unlawful for any person under the age of twenty one (21) years to misrepresent his or her age to circumvent the provisions of this section, including, without limitation, presenting or offering to any person any identification card that is false, fraudulent, forged or not actually his or her own identification card.

6. It shall be unlawful for any person under the age of twenty one (21) years to possess or use any identification card that is false, fraudulent, forged or the identification card of another or to obtain an identification card by means of false information.

7. It shall be unlawful for any person to sell, give, deliver or furnish to any person under the age of twenty one (21) years any identification card that is false, fraudulent, forged, or of another person.

8. It shall be unlawful for any person to forge, alter or deface any identification card.

9. It shall be unlawful for any retail liquor dealer's licensee, or any officer, associate, member, representative, agent or employee of such licensee, to suffer, permit or allow any person under the age of twenty one (21) years to be or remain on such licensee's licensed premises, or in any room or compartment adjoining or adjacent to such licensed premises.

10. It shall be unlawful for any owner of, or other person having control over, any vehicle or premises to knowingly initiate, suffer, permit or allow one or more occupants, invitees, visitors, guests, trespassers or other persons under the age of twenty one (21) years to assemble or be assembled in such vehicle or premises in possession of any alcoholic liquor in violation of this section.

11. It shall be unlawful for any person to rent, or pay for, any hotel, motel or bed and breakfast room or facility from the proprietor or agent thereof for the purpose of, or with knowledge that, such room or facility shall be used for consumption of alcoholic liquor by any person under the age of twenty one (21) years.

12. It shall be unlawful for any parent or legal guardian of a minor to knowingly suffer, permit or allow such minor to violate any provision of this chapter.


C. Exceptions:

1. The possession, mixing, dispensing and serving, or consumption of alcoholic liquor by a person under the age of twenty one (21) years in the performance of a bona fide religious service or ceremony is not prohibited by this section.

2. The possession, mixing, dispensing and serving, or consumption of alcoholic liquor by a person under the age of twenty one (21) years under the direct supervision and approval of a parent or legal guardian in the privacy of such parent's or legal guardian's residence is not prohibited by this section; provided, however, that his exception shall not be extended to any other occupant, invitee, visitor or guest that is under the age of twenty one (21) years.

3. The possession and serving of alcoholic liquor by a person under the age of twenty one (21) years as an employee of any licensee under this code in such licensee's licensed premises is not prohibited by this section; provided, however, that this exception shall not extend to those persons under the age of nineteen (19) years nor shall this exception extend to the mixing or dispensing of alcoholic liquor, or to bartending, by any person under the age of twenty one (21) years.

4. The possession and delivery of any alcoholic liquor in its original package and not for consumption on the premises where sold by a person under the age of twenty one (21) years as an employee of any licensee under this chapter or pursuant to the order of his or her parent or legal guardian is not prohibited by this section.

5. The location or assembly of any person under the age of twenty one (21) years in any retail premises licensed under this chapter or in any room or compartment adjoining or adjacent to any such licensed premises is not prohibited by this section if such person is accompanied by his or her parent or legal guardian; or if such licensed premises derives its principal business from the sale or service of commodities other than alcoholic liquor; or if such person under the age of twenty one (21) years is an employee of any licensee under this chapter in such licensee's licensed premises whose duties do not include the mixing or dispensing of alcoholic liquor or bartending and, if under the age of nineteen (19) years, whose duties do not include the handling or serving of alcoholic liquors.

6. The action or omission to act of any person at the express lawful, or apparently lawful, direction of a law enforcement officer in the performance of his or her official duties is not prohibited by this section.


D. Presumption Of Knowledge:

1. Presence In Vehicle Or Premises: Whenever a person is present within any vehicle or premises of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier thereof at the time that a violation of the provisions of this section is occurring and has not informed the police thereof, it shall be prima facie evidence that such person had knowledge of such violation.

2. Failure To Control Access: An owner, lessee, permittee, bailee, legal possessor or occupant of any vehicle or premises shall be deemed to have permitted such vehicle or premises to be used in violation of this section if he or she knowingly authorizes such use or enables such use to occur by failing to control access to such vehicle or premises or to the alcoholic liquor maintained therein.

3. Parental Residence: Every parent or legal guardian of any minor whose residence is used by any occupant, invitee, visitor, guest or other person under the age of twenty one (21) years in a manner that constitutes a violation of this section shall be presumed to have permitted the conduct that constitutes the violation unless the contrary is established by a preponderance of the evidence.


E. Reliance On Identification Card: Proof that any person demanded, was shown and reasonably relied upon an identification card evidencing the identity of a person and that such person is of lawful age in any transaction prohibited by this section is an affirmative defense in any criminal prosecution therefor, in any prosecution for a violation of this section, or in any proceedings for the suspension or revocation of any license, or the imposition of any fine or penalty based thereon; provided, however, that it shall not be an affirmative defense if such person accepted the identification card knowing it to be false, fraudulent, forged or the identification card of another person. (Ord. 02-3-7, 3-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765553
5-2-6: INCITING VIOLATIONS BY MINORS:linklink

It shall be unlawful for any person, including a parent or legal guardian, to knowingly or wilfully cause, aid or encourage any minor to violate or attempt to violate the provisions of this chapter or to knowingly or wilfully act in such a manner as to directly tend to cause a minor to violate or attempt to violate such provisions of this chapter. (Ord. 02-3-7, 3-5-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765554
5-2-7: IMPROPER SUPERVISION OF MINORS:linklink

It shall be unlawful for any parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian to fail to make all reasonable, necessary and effective efforts to prevent such minor from violating the provisions of this chapter. If, after written notice is given by a member of the Riverwoods police department to any such parent or legal guardian of any such violation by such minor, there is a continued or repeated violation by such minor, such parent or legal guardian shall be guilty of a violation of this section unless such parent or legal guardian shall have first notified the Riverwoods police department in writing of his or her inability to prevent such continued or repeated violation and shall request the Riverwoods police department or the proper public authority to take the necessary legal proceedings toward having such minor declared and dealt with as a delinquent minor. (Ord. 02-3-7, 3-5-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765555
5-2-8: DISORDERLY ASSEMBLIES:linklink


A. It shall be unlawful for any person who occupies a residence within the village knowingly to authorize, permit or enable such residence to be used for a gathering of two (2) or more persons where any one or more of the persons is under twenty one (21) years of age and the following factors apply:

1. The person occupying the residence knows that any such other person under the age of twenty one (21) years is in possession of or is consuming any alcoholic beverage; and

2. The possession or consumption of the alcohol by the person under twenty one (21) years of age is not otherwise permitted by the laws of the state of Illinois.


B. It shall be unlawful for any owner of a residence within the village to knowingly authorize, permit, enable, cause, host, condone or suffer to occur any gathering at such residence in violation of subsection A of this section or any other disorderly assembly of persons at such residence that endangers the peace and safety of the residents of the village. For the purpose of this section, the term "owner" shall mean a person either leasing, residing in, or in any way exerting control over any real property within the village. Acts that are hereby declared to threaten the heath and safety of the residents of the village and that, when committed by persons in assembly, are hereby declared to constitute a disorderly assembly include, but are not limited to, the following:

1. Possession and consumption of alcoholic beverages by persons under the age of twenty one (21) years, intoxicated persons and others prohibited by village ordinance and/or Illinois statute from possession or consumption of alcoholic beverages.

2. Use or clear evidence of use of cannabis or other controlled substances prohibited by village ordinance and/or Illinois statute.

3. Illegal use or possession of fireworks as defined in 425 Illinois Compiled Statutes 35/1.

4. Fighting, battery, assaults or threats, or the throwing of objects capable of causing physical injury or property damage.

5. Depositing of trash, garbage or hazardous material upon public or private property, excepting trash or garbage other than household hazardous waste that is deposited in a proper receptacle approved for disposal of trash.

6. Trespass of person on parked vehicles by persons attending such assemblage upon private property.

7. Such circumstances and conditions which, taken as a whole, constitute a condition of encouraging and contributing to the delinquency of minors.


C. Upon being given notice by any member of the police department of the existence of any of the activities set forth in subsection B of this section, such owner shall immediately act to terminate the assemblage. Failure to do so shall constitute a further violation of this section. (Ord. 02-3-7, 3-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765556
5-2-9: PENALTIES:linklink

Any person violating any provisions of section 5-2-5, 5-2-6, 5-2-7 or 5-2-8 of this chapter shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense except where a specific penalty is limited by state statute. Each day's continued violation shall be deemed a separate offense. In addition to receiving punishment by monetary fines, any person violating any provisions of this chapter shall be subject to the following penalties:


A. A period of conditional discharge not to exceed one year.

1. The conditions of a conditional discharge shall include that the defendant:

a. Not violate any criminal statute or quasi-criminal ordinance of any jurisdiction; and

b. Report to and appear in person before such person or agency as directed by the court.

2. The conditions of conditional discharge may, in addition, require that the defendant:

a. Work or pursue a course of study or vocational training;

b. Undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism;

c. Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss;

d. If a minor, to reside with his parent or in a foster home; attend school; attend a nonresidential program for youth; or contribute to his own support at home or in a foster home; and

e. Perform court approved public or community service.


B. When a court orders restitution or reparation as a condition for a conditional discharge, the court shall determine the amount and conditions of payment. When the conditions of payment have not been satisfied, the court, at any time prior to the expiration or termination of the period of conditional discharge may impose an additional period of not more than two (2) years. Only the conditions of payment shall continue to apply during such additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the original conditions and to revoke the penalty of conditional discharge if the conditions of payment are violated during such additional period.


C. When a petition is filed charging a violation of a condition imposed for conditional discharge, the court:

1. May order a summons to the offender to appear; or order a warrant for the offender's arrest where there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons. The issuance of such warrant or summons shall stay the sentence of conditional discharge until the final determination of the charge, and the term of conditional discharge shall not run so long as the offender has not answered the summons or warrant.

2. Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing.

3. Shall receive evidence in open court with the right of confrontation, cross examination and representation by counsel. The village has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence.

4. Shall not revoke a conditional discharge for failure to comply with conditions of a sentence that imposes financial obligations upon the offender unless such failure is due to his wilful refusal to pay.

5. May modify the conditions of a conditional discharge on motion of the village or on its own motion or at the request of the offender after notice to all parties and a hearing.


D. If the court finds that the offender has violated a condition at any time prior to the expiration or termination of the period, it may continue the offender on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty that was available at the time of the initial penalty.


E. A judgment revoking probation or conditional discharge is a final appealable order. (Ord. 02-3-7, 3-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765557
5-2-10: PARENTAL RESPONSIBILITY FOR UNPAID PENALTIES:linklink


A. The corporate authorities hereby find that assemblies of unsupervised minors from time to time have been organized in violation of the village's curfew requirements and prohibitions against disorderly assemblies, and that such assemblies have been conducted in a manner that promotes unlawful intoxication and disorderly conduct within the village, thus resulting in damage to real and personal property within the village and posing a threat to the value of property within the village, and also threatening the general health, safety and welfare of the residents of the village, and the corporate authorities recognize the need to provide the means to eliminate such problems in order to prevent intoxication, quarreling, and disorderly assemblies and to ensure the safety of the property and residents of the village. The corporate authorities further find that increased parental responsibility is essential for the effective control and elimination of disorderly assemblies by unsupervised minors. Furthermore, the corporate authorities find that it is in the best interests of the village that such acts be prosecuted by the village as a local offense; that penalties therefor be imposed which are related to the nature of the act and the type of offender; and that parents or legal guardians of minors found guilty of such acts be held responsible for any monetary penalty or order of restitution or reparation imposed. The diligent pursuit of such interest will tend to increase parental supervision of minors and reduce the incidence of disorderly assemblies at which intoxication, fighting, noise, disturbances and other disorderly conduct is prevalent, thus advancing the welfare of residents of the village.


B. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian shall be liable for any fine, condition or restriction imposed by a court upon such minor for a violation of any provision of this code, but only if: 1) such minor has not paid the fine or made restitution or reparation within the time ordered by the court and 2) said parent or legal guardian has been served with summons or notice to appear in the original cause as provided by law. (Ord. 02-3-7, 3-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=74350#s765558


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: 705 ILCS 405/1-1 et seq.
Footnote 2: 720 ILCS 685 et seq.
Footnote 3: 35 ILCS 130 et seq.
Footnote 4: 35 ILCS 135 et seq.
Footnote 5: 705 ILCS 405/1-1 et seq.