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HomeMy WebLinkAboutORDINANCE - 2464 - 12/12/1995 - MINORS, PARENTAL RESPONSIBILITYORDINANCE NO. 2464 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 6 OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY ADDING THERETO OFFENSES RELATED TO THE USE OF ALCOHOL AND AMENDING SUBSECTION 3 TO PROVIDE FOR GENERAL PARENTAL RESPONSIBILITY FOR OFFENSES COMMITTED BY MINORS BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the title Offenses Related To Minors of Chap- ter 7 of Title 6 of the Village Code be and the same is hereby changed to Chapter 7, OFFENSES RELATED TO MINORS - GENERAL PARENTAL RESPONSIBILITY. Section 2: That Section 6-7-3, PARENTAL NEGLECT OF MINORS, be and the same is hereby deleted in its entirety and amended to read as follows: 6-7-3: GENERAL PARENTAL RESPONSIBILITY: A. Parental Responsibility: It shall be unlawful for any person, including a parent or legal guardian to, have a reasonable basis to believe or to knowingly or wil- fully cause, aid or encourage any unemancipated minor to violate or attempt to violate any federal or state law or municipal ordinance or to knowingly or wilfully act in such a manner as to directly tend or cause a child to violate or attempt to violate any federal or state law or municipal ordinance; or to fail to exer- cise sufficient control over any such unemancipated minor which results in the minor being convicted on two (2) or more occasions within any twelve (12) month period of any federal. or state law or municipal ordi- nance. B. Liability of Parent or Legal Guardian of Minor Of- fender: The parent or legal guardian of an unemanci- pated minor who has custody of such minor shall be liable for any fine, condition, or restitution or reparation imposed by a court upon a minor for a violation of any provision of the Village Municipal Code; provided, the minor has not paid the fine or made restitution or re- paration within the time ordered by the court; and fur- ther provided, that said parent or guardian has been served with summons or notice to appear in the original cause as provided by law. C. Presumption of Knowledge: Whenever a person is pre- sent within any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area 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 occurs there- in, it shall be prima facie evidence that such person had a reasonable basis to believe or had actual know- ledge of such violation. Section 3: That Chapter 7 of Title 6 of the Village Code is further amended by adding thereto the following Section 6-7-4 PUR- CHASE OR POSSESSION OF ALCOHOLIC BEVERAGES BY MINORS; LIABILITY OF PARENTS AND OTHERS. 6-7-4: PURCHASE OR POSSESSION OF ALCOHOLIC BEVERAGES BY MINORS; LIABILITY OF PARENTS AND OTHERS: A. It shall be unlawful. for any person under the age of twenty-one (21) years to purchase, receive, accept, have in his possession or control or imbibe any alco- holic beverages within the corporate boundaries of the Village or have consumed any amount of alcoholic bever- ages which can be determined by evidence of the minors physical condition or other first-hand knowledge of a police officer. B. It shall be unlawful for of twenty-one (21) years to age on any street, highway, to the public. WAS any person under the age possess any alcoholic bever- publ.ic place, or place open C. It shall be unlawful for any person, including par- ent or legal guardian, to suffer, permit or allow the violation of the provisions of this subsection in any motor vehicle, conveyance, house, apartment, room, shed, yard, or any other area of which such person is the owner, lessee, permittee, bailee or legal possessor or occupier thereof. D. It shall be unlawful for any person to knowingly permit a gathering of two or more persons at a residence which ile or she occupies, where any one or more of the persons is under eighteen (18) years of age and the fol- lowing factors or conditions are in existence: 1. the person occupying the residence knows that any and such person under the age of eighteen (18) is in possession of or is consuming any alcoholic beverage; and 2. the possession or consumption of the alcohol by the person under eighteen (18) is not other- wise permitted by this Chapter; and 3. the person occupying the residence knows that the person under the age of eighteen (18) leaves their residence in an intoxicated condition. For the purposes of this subsection where the residence has an owner and a tenant or lessee, there is a rebutt- able presumption that the residence is occupied only by the tenant or lessee. E. It shall be unlawful for any person to rent a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by per- sons under the age of twenty-one (21) years. F. It shall be unlawful for any person under the age of twenty-one (21) years to present or offer alcoholic be- verages to any liquor licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudul.ant, or not actually his own for the purpose of ordering, purchasing, attempt- ing to purchase or otherwise procure or attempt to pro- -3- cure, the serving of any alcoholic beverage, or who has in his possession any false or £raudulant written, printed or photostatic evidence of age and identity. G. It shall be unlawful for any person to sell, give, or furnish to any person under the age of twenty-one (21) years any false or fraudulant written, printed, or photostatic evidence of age and identity of such person. H. Nothing contained herein shall be applicable to per- sons under the age of twenty-one (21) years who are en- gaged in or acting in the fol.lcwing manner: 1. participating in a religious ceremony; 2. possession for the purpose of making a delivery of an alcoholic beverage in pursuance of the order of their parent or guardian or in pursu- ance of his employment; 3. when at the direction of a law enforcement of- ficer. Section 4: That Chapter 7 of Title 6 of the Village Code is further amended by adding thereto the following penalty provision: 6-7-5: PENALTY: Any person violating any of the pro- visions of this Chapter shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for offense unless a se- parate offense is otherwise set forth in any subsection herein. Section 5: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication accord- ing to law. -4- VOTE: AYES: _ 6 NAYS: D ABSENT: p PASSED this 12th day of December 1995. APPROVED this 12th day of December 1995. 022-111629 "N Dennis J. Gallitano VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PUBLISHED this _18th day of December 1995 in pamphlet form. C67C