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Home My WebLink AboutORDINANCES-1976-096-O-76it-2-7b r-1 96-0-76 AN ORDINANCE Prohibiting Vandalism To Property and Imposing Certain Penalties Therefor WHEREAS, acts of vandalism causing damage to real or personal property within the City 'of EvansAn have increased and such acts threaten the value.of property and welfare of residents of the City; and WHEREAS, it is 'in the best interest of the City that such acts be prosecuted by the City as a local offense and that penalties be imposed which are related to the nature of the act and the type of offender; and WHEREAS, numerous acts of vandalism have been committed by minors who upon a finding of guilty should be subject to penalties therefor; and WHEREAS, it is in the best interests of the City that parents .or legal guardians of minors found guilty of such acts should be held responsible for any monetary penalty, or order of restitution or reparation imposed upon a minor after a finding of guilty upon failure of the -minor to make such pay - went, restitution or reparation within the•time'specified by the court; and WHEREAS, parental responsibility for sirch payment, resti- tution or reparation as herein provided, will; tend to cause t 96-0-76 -2- increased parental supervision of minors and to reduce the incidence of juvenile vandalism, which will advance the welfare • . of the residents of the City; and WHEREAS, the City of Evanston will assist and will make counseling available to parents of vandals and/or the vandal so 1 that they can accept the obligations of making restitution and ameliorating the social behavior of the vandal; and WHEREAS, the City of Evanston is a home rule municipality within the terms of Article VII, section 6 of the Illinois Constitution and may exercise any power or function pertaining to'its government.and affairs: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE • CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Chapter 29 of the Code of the City of Evanston, 1957, as amended, be and is hereby further amended by the addition thereto of the sections 29-76.1 through -and including section 29-76.4 so that said sections shall read as follows: "Section 29-76.1 DEFINITIONS For the purposes, of this ordinance, the following definitions'shall apply: (a) 'Person' shall include any individual, firm, partnership, association, corporation, company or organization of any.kind. • (b) 'Property' shall include any real estate in- cluding improvements thereon, and tangible personalty. 96-0-76 -3- (c)- 'Legal guardian'�shall include 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. (d) 'Minor' shall be a person who has attained eleven (11) years of age but who has not yet reached eighteen (18) years of age. z (e) 'Parent' shall include the lawfu14mother or father of an unemancipated minor, whether by birth or adoption. "S.ection 29-7.6.2 OFFENSES Within the corporate limits of the City no person shall:. (a).::•„Knowingly or recklessly damage any property of another person without his consent; or (b) Knowingly and without authority enter into or ob- tain control over any motor vehicle, bicycle, air- craft or water craft or any part thereof belonging to another person without his consent. 0 "Section 29-76.3 PENALTY Every•person.found guilty of an offense under section .29-76.2 hereinabove shall be subject to either or both of the following penalties: (a) a fine not in excess of five hundred dollars ($500); (b) a period of conditional discharge not to exceed one' (1) year. (1) The.conditions of a conditional discharge shall include that the defendant: .(i) Not violate any criminal statute or quasi -criminal ordinance of any • jurisdiction; and (ii) Report to and appear in person be- fore -such person or agency as t directed by the court. • i 96.-0-7d i -4- • • • (2) The conditions of conditional discharge may, in addition, require that the defendant: (i) Work or pursue a course of study or vocational.:training. (ii) Undergo medical.or psychiatric treat- ment, professional counseling, or treatment for drug addiction or alco- holism; 1 (iii)_ Make restitution or�reparation in an amount not to exceed actual loss or damage to property and pecuni- ary loss; and - (iv) If a minor, to reside with his parent or in a foster home; attend school; attend a non-residential program for youth; -or contribute to his own support at home or in a foster home. j (3) 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 i to the expiration or termination of the period f of conditional discharge may impose an addition- al 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. (4) When a,pet.ition is filed charging a violation of a condition imposed for conditional discharge, the court: (i) 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 juris- diction or causing serious harm to others or when the offender fails to answer a summons. 11 96 -1 6'' -5- The issuance of such warrant or sum- mons shall stay the sentence of con- ditional 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. f (ii) Shall conduct a.hearing of the alleged violation. The.court may admit the offender to�bail pending the hearing. (iii) Shall receive evidence in open court with the right of confronta- tion, cross-examination and representation by counsel: The City has the burden of going for- ward with the evidence and proving the violation by the preponderance of the evidence. (iv) Shall not revoke a conditional dis- charge for failure to comply with conditions of a sentence which im- poses 'financial obligations upon the offender. unless such failure is due to his wilful refusal to pay. (v) May modify the conditions of a con- ditional discharge on motion`of the City or on its own motion or`at the request of the offender after notice to all parties and a hearing. (5) If the court finds that the offender has viola- ted a condition at any time prior to the ex- piration or termination of the period, it may continue the offender on the existing period, with or without modifying or enlarging the con- ditions, or may impose any.other penalty that was available at the time of the initial penalty. (6) A judgment revoking probation or conditional-:, discharge is a final appealable order. "Section 29-76.4 LIABILITY OF'PARENT OR LEGAL GUARDIAN OF MINOR OFFENDER • The parent or legal guardian of a minor defendant who resides with such parent or legal guardian may be held liable S 96-0-76 -6- for any fine or condition of .restitution or reparation im- posed by a court upon a minor for violation of this ordinance, provided that said minor has not paid said • fine or madeirestitution or reparation within the time ordered by the court, and further provided that said parent or legal guardian has been served with summons or notice to appear in the original cause and all proceedings j thereafter as provided by law." SECTION 2: If any provision of this ordinance or appli- cation thereof to any person or circumstance i shall be invalid, such invalidity shall not affect other provi- sions or applications of this ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this.ordinance are declared to be • severable. SECTION 3: This ordinance shall be'in full force and effect upon its passage, approval and publication in the manner provided by law. Introduced TIPrPmbar h , 1976 1 j Adopted December 13 , 1976 ATTEST: /s/ Maurice F. Brown . 1 City Clerk i j Approved as to form: i� I' ,t I Approved December 13 1976 �o„��r V�nncman Tr_ Mayor Tack M. Sieeel Corporation Counsel