Chapter 27 – Offenses

CHAPTER 27

OFFENSES

ARTICLE I – DEFINITIONS

27-1-1 MEANINGS OF WORDS AND PHRASES. For the purpose of this Chapter the words and phrases of the Illinois Compiled Statutes, Chapter 720, Sections 2-1 through 2-11; 2-13 through 2-16; 2-19 and 2-20, as approved, adopted and amended are hereby adopted by the Village, as fully as if set out herein. (See 65 ILCS Sec. 5/1-3-2)

27-1-2 CRIMINAL CODE ADOPTED. The Illinois Criminal Code, Illinois Compiled Statutes, Chapter 720, as passed, approved and amended by the Illinois General Assembly is hereby adopted by the Village; the provisions thereof shall be controlling within the corporate limits of the Village; provided, however, the penalties as provided by this Code shall apply. (See 65 ILCS Sec. 5/1-3-2 and 5/11-1-1)

ARTICLE II – GENERALLY

27-2-1 DISTURBING POLICE OFFICER. No person shall, by violent conduct, disturb any police officer in the discharge of his duties; nor shall any person assault, strike, or fight with any police officers in the discharge of his/her duties or permit such conduct in or upon any house or premises in the Village owned or possessed by him/her or under his/her management and control. Abusive or vulgar language in the presence of an officer does not constitute a crime unless the language is directed at the officer and provokes a breach of the peace. (See 65 ILCS Sec. 5/11-1-1)

27-2-2 IMPERSONATION OF OFFICER. No person in the Village shall falsely represent himself to be an officer of the Village or shall, without being duly authorized by the Village, exercise or attempt to exercise any of the duties, functions or powers of the Village officer, or hinder, obstruct, resist or otherwise interfere with any Village officer in the discharge of the duties of his office. (See 65 ILCS Sec. 5/32-5.1)

27-2-3 DISTURBING LAWFUL ASSEMBLIES. It shall be unlawful for any person to willfully interrupt or disturb any funeral assembly, funeral procession, school, any assembly met for the worship of God or any other assembly met for a lawful purpose by any offensive behavior, or by any disorderly conduct. (See 65 ILCS Sec. 5/11-5-2)

27-2-4 UNLAWFUL ASSEMBLY. It shall be illegal for persons to assemble unlawfully in the following situations:

(A) The use of force or violence disturbing the public peace by two (2) or more persons acting together and without authority of law; or

(B) The assembly of two (2) or more persons to do an unlawful act; or

(C) The assembly of two (2) or more persons, without authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence. (See 720 ILCS Sec. 5/25-1) (See 65 ILCS Sec. 5/11-5-2)

27-2-5 DISTURBING THE PEACE. No person shall disturb the peace of any individual or private family, or of any lawful congregation within the Village by any noise or amusement, or by vulgar or profane language, or by any disorderly or unreasonable conduct. (See 65 ILCS Sec. 5/11-5-2)

27-2-6 BARBED WIRE AND ELECTRIC FENCES. It shall be unlawful for any person to erect or maintain any electrically-charged fence or barbed wire or other such sharp, pointed fence below eight feet (8′) in height, except in an agricultural or conservation zone district.

27-2-7 ADMISSION FEES: FRAUDULENTLY AVOIDING PAYMENT OF. It shall be unlawful for any person to fraudulently enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict the free admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement.

27-2-8 SALE OF CIGARETTES OR TOBACCO TO MINORS. No minor under eighteen (18) years of age shall buy any cigar, cigarette, smokeless tobacco or tobacco in any of its forms. No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco or tobacco in any of its forms, to any minor under eighteen (18) years of age.

For the purpose of this Section, “smokeless tobacco” means any tobacco products that are suitable for dipping or chewing. (See 720 ILCS Sec. 675/1)

27-2-9 SMOKELESS TOBACCO.

(A) Definition. For the purposes of this Section, the term “smokeless tobacco” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.

(B) Sales of Smokeless Tobacco Products to Persons Under Eighteen (18). No person shall sell any smokeless tobacco product to any person under the age of eighteen (18).

(C) Distribution. No person shall distribute or cause to be distributed to any person under the age of eighteen (18), without charge or at a nominal cost, any smokeless tobacco product. (See 720 ILCS Sec. 680-1 et seq.)

27-2-10 UNLAWFUL CONDUCT ON A PUBLIC WAY.

(A) It shall be unlawful for a pedestrian to stand upon any sidewalk or public way, except as near as reasonably possible to the building line or curb line if such standing interferes with the use of said sidewalk by other pedestrians.

(B) It shall be unlawful to impede or interfere with another person’s use of a public way.

27-2-11 AID IN ESCAPE. It shall be unlawful to rescue or attempt to rescue or shall abet or encourage the rescue or escape of any person from the custody of any officer or other person legally having him in charge, or shall molest or interfere with any officer or other person so legally having him in charge, or shall, in any manner, aid, abet or encourage the rescue or the attempt to escape from any person legally committed thereto, or shall supply or attempt to supply any such person with any weapon or with any implement or means whereby an escape might be affected, or with any intoxicating liquors, drugs or other article(s) without the consent of the officer in charge. (See 720 ILCS Sec. 5/31-7)

27-2-12 ESCAPES. It shall be unlawful for any person convicted of any offense or in lawful custody to escape or attempt to escape from custody. (See 720 ILCS Sec. 5/31-6(C))

27-2-13 FALSE PRETENSES. It shall be unlawful for any person to obtain any food, drink, goods, wares, or merchandise under false pretenses, or to enter public places and call for refreshments or other articles and receive and refuse to pay for same, or to depart without paying for or satisfying the person from whom he received the food, goods, wares, and/or merchandise.

27-2-14 RENTING PREMISES FOR UNLAWFUL PURPOSES. It shall be unlawful for any person to rent, use, or allow to be used, any building or property owned by him, for any purpose whereby riotous or disorderly persons are gathered.

27-2-15 AID TO AN OFFENSE. It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission of such offense hereby defined.

27-2-16 POSTING BILLS. It shall be unlawful for any person to paste, post, paint, print or nail any handbill, sign, poster, advertisement, or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door, or gate without the consent, in writing, of the owner of the wall, door or gate; provided, however, that this Section shall not prevent posting by proper Village and County officials of election signs, polling place signs and other signs or placards necessary under the law to the conduct of elections, except they may not be attached to a tree.

27-2-17 INTOXICATION IN PUBLIC. No person shall, in the Village, be found in a state of intoxication or drunk in any street or other public place, or shall be found drunk lying or roving about the streets, alleys, or sidewalks of this Village or the private grounds of any of the inhabitants thereof, or being drunk as aforesaid, shall disturb the peace, order and quiet of the Village, or the peace and quiet of the citizens thereof by loud and unusual noises, disorderly conduct, indecent language or behavior or in any other manner. (See 65 ILCS Sec. 5/11-5-3)

27-2-18 BEGGING. No person shall beg or solicit alms within the Village without having obtained permission in writing from the Mayor. (See 65 ILCS Sec. 5/11-5-4)

27-2-19 CONCEALED WEAPONS. No person shall, within the Village, carry or wear under his clothes, or concealed about his person, any pistol or colt, or sling-shot, or cross knuckles or knuckles of lead, brass or other metal, or any switchblade knife or razor, bowie knife, dirk knife or dirk, dagger or any other dangerous or deadly weapon. This Section does not apply to the officers or members of the Police Department, nor to any sheriff or deputy sheriff or constable of this State, nor to any United States Marshal.

27-2-20 DISCHARGE OF FIREARMS OR BOW AND ARROW. It shall be unlawful to discharge any firearm, bow and arrow or air gun in the Village or so that the bullet, arrow, missile or projectile therefrom enters the Village without written permission from the Mayor, provided that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty; nor to prevent any citizen from discharging a firearm when lawfully defending his person or property; nor to prevent the discharge of bow and arrow by students upon school grounds while under the direct and immediate supervision of teachers or other school supervisory personnel.

27-2-21 GAMES IN STREET. No person shall, upon any Village street, fly any kite or play any game of ball or engage in any amusement or practice having a tendency to injure or annoy any person passing in the streets or on the sidewalks.

27-2-22 STORAGE OF EXPLOSIVES.

(A) Nitroglycerine; Dynamite, Etc. No person shall have, keep, possess, or store at or in any place within the Village, any nitroglycerine, dynamite or giant powder, or any form or combination of any of them.

(B) Blasting Powder, Etc. No person shall keep, possess or store any gun or blasting powder or any gun or explosive cotton at or in any one place in the Village in any quantity exceeding five (5) pounds. (See 65 ILCS Sec. 5/11-8-4)

27-2-23 THROWING ROCKS. No person in the Village shall throw or cast any rock or stone or any other missile upon or at any building, tree, or other public or private property, or at any person in any street, avenue, alley or public place.

27-2-24 DESTRUCTION OF PUBLIC PROPERTY. No person in the Village shall deface, destroy, or in any way, injure any public property, or any other apparatus of the Village.

27-2-25 FORTUNE TELLING. No person in the Village shall pursue the calling of a fortune teller or practice fortune telling, soothsaying, or the like and receive payment in any manner therefor.

27-2-26 ABANDONED REFRIGERATORS OR ICEBOXES. It shall be unlawful for any person to abandon or discard in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half (1 1/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch. The owner, lessee, or manager of such place, who knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition, shall be guilty of violating this Code. (See 720 ILCS Sec. 505/1)

27-2-27 HALLOWEEN CURFEW. It shall be illegal for any person to engage in Halloween practice, commonly called “Trick or Treat”, by calling at the homes or dwelling places within the Village, either masked or unmasked, except on a day designated by the Village Board and no later than 8:00 P.M. (See 65 ILCS Sec. 5/11-1-5)

27-2-28 CURFEW.

(A) Definitions. As used in this Section unless the context requires otherwise the following words or phrases shall mean:

(1) “Village curfew hours” means the period between 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 A.M. on the following day; and, from 12:01 A.M. until 6:00 A.M. on any Saturday or Sunday.

(2) “Court” means the Fourth Judicial Circuit, Clay County, Illinois.

(3) “Custodian” means (a) a person who under court order is the custodian of the person of a minor; or (b) a public or private agency with which the Court has placed a minor; or, (c) a person acting in the role of a parent by reason of a private agreement, arrangement, custom, or habit.

(4) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(5) “Establishment” means any privately owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.

(6) “Guardian” means (a) parent; or, (b) a person who under the court order is the guardian of the person of the minor; or, (c) a public or private agency with which the court has placed the minor.

(7) “Minor” means a person under the age of seventeen (17) years.

(8) “Parent” means a person who is a natural parent, adoptive parent, or step-parent of another person.

(9) “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public ways, sidewalks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

(10) “Responsible adult” means a person at least eighteen (18) years of age, authorized by a parent, guardian or custodian to have the care and custody of a minor.

(11) “Serious bodily injury” means 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.

(12) “Truancy curfew hours” means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.

(13) “Truant Officer” means any officer, appointee, employee or other agent of any school district or any federal, state or local governmental entity or any agency thereof performing the duties of a truant officer under the Illinois Compulsory Attendance Statute, Chapter 105, Act 5, Section 26-1 et seq. of the Illinois Compiled Statutes.

(14) “Truancy Review Board” means any agency or entity established by any school district or any federal, state or local governmental entity or any counseling or social agency or any combination thereof recognized by the City and/or the court as an agency which provides service to improve education performance and/or attendance.

(15) “Village limits” means any area within the geographical area of the incorporated municipality of the Village of Louisville, Clay County, Illinois.

(B) Curfew Restrictions.

(1) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during Village curfew hours.

(2) It is unlawful for any parent or guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during Village curfew hours.

(3) It is a defense to prosecution under Section 27-2-28(B)(1) or (2) or Section 27-2-28(D) (hereinafter) that the minor was:

(a) accompanied by the minor’s parent, guardian or responsible adult;

(b) on an errand at the direction of the minor’s parent, guardian or responsible adult, without any detour or stop;

(c) in a motor vehicle involved in interstate travel with the consent or authorization of a parent, guardian or custodian;

(d) engaged in, going to or returning home from an employment activity without any detour or stop;

(e) involved in an emergency;

(f) on the sidewalk abutting the minor’s residence;

(g) engaged in, going to or returning home from an official school, religious, training, childcare, or other recreational activity supervised by adults, sponsored by a religious, school, or other civic or non-profit organization, or another similar entity that takes responsibility for the minor;

(h) exercising First Amendment rights protected by the United States Constitution or the Constitution of the State of Illinois; or

(i) emancipated pursuant to law.

(C) Truancy Restrictions.

(1) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during truancy curfew hours.

(2) It is unlawful for any parent, guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during truancy curfew hours.

(3) It is a defense to prosecution under Section 27-2-28(C)(1) or 27-2-28(C)(2) or 27-2-28(D) (hereinafter) that the minor was:

(a) accompanied by or directed to be out by a parent, guardian, or responsible adult if engaged in an activity which would constitute an excused absence from the school which the minor would normally attend;

(b) involved in an emergency;

(c) going to or returning from a medical appointment without any detour or stop;

(d) engaged in, going to or returning home from an employment activity pursuant to a cooperative school vocation program without any detour or stop;

(e) in possession of valid proof that the minor is a student who has permission to leave the school campus;

(f) a bona fide participant in an alternative education or home schooling program;

(g) engaged in or subject to an authorized or excused absence from the school which the minor attends, including but not limited to lunch periods;

(h) exercising First Amendment rights protected by the United States Constitution or the Constitution of the State of Illinois; or,

(i) emancipated pursuant to law.

(D) Establishment Restrictions.

(1) It is unlawful for any owner, operator or any employee of an establishment to allow a minor to be present or to remain upon the premises of the establishment in violation of the curfew or truancy hours established in Section 27-2-28(B) and Section 27-2-28(C) above.

(2) It is a defense to prosecution, under this subparagraph if the owner, operator or employee of the establishment immediately upon discovery of a minor reasonably believed to be in violation of Section 27-2-28(B) or 27-2-28(C) notified a law enforcement agency that a minor was present on the premises of the establishment during curfew or truancy hours and refused to leave the establishment after being advised to do so by the owner, operator or employee.

(E) Enforcement Restrictions.

(1) Every member of the Clay County Sheriff’s Department or any other law enforcement authority with jurisdiction with the Village limits is hereby authorized as follows:

(a) For the first offense of any minor violating the provisions of this Article, to issue to the minor a citation, in writing, in the same form as described in paragraph (3) below. For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this Section (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, custodian or guardian of the minor unless paragraph (5) herein is applicable. A parent, custodian or guardian must take custody of the minor within one (1) hour of the time of notice or be subject to a charge of Twenty-Five Dollars ($25.00) per hour as hereinafter provided.

(2) Whenever a Law Enforcement Officer or Truant Officer witnesses or has knowledge based on reasonable grounds of a violation of this Section by any person, such person may be issued a citation. A complaint may be made to a Law Enforcement Officer or Truant Officer by any person.

(3) A citation issued hereunder shall be in writing and shall:

(a) state the name of the person being cited and the person’s address if known;

(b) set forth the specific paragraph of this Section that was violated, the date of the violation and a brief description of the violation;

(c) be signed by the issuing Law Enforcement Officer, Truant Officer or complaining party.

In each instance where a citation is issued to a minor for violation of this Section, a minor’s parent, custodian or guardian shall be provided a copy of the citation notifying the parent, custodian or guardian of the charge made against the minor.

(4) A minor cited for a violation under this Section must attend a court hearing or Truancy Review Board hearing as noted on the citation and must be accompanied at the hearing by his or her parent, guardian, custodian or other adult person having the legal care and custody of the minor. If any such person fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a Notice or a Rule to Show Cause to the person directing the minor and that said person to appear at the continued hearing with the minor. Failure of the minor or said person to thereafter appear shall subject said minor or person to sanctions for contempt of court as determined by the court.

(5) Every member of the Sheriff’s Department or any other law enforcement authority with jurisdiction with the Village limits is hereby authorized to temporarily detain any minor violating the provisions of Section 27-2-28(C) of this Section, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.

(6) Nothing in this Section shall be construed as a limitation upon a law enforcement officer’s authority to take custody of a minor as may be allowed otherwise by law.

(F) Penalty.

(1) Any person who violates any provision of this Section shall upon conviction thereof be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00); and a separate offense shall be deemed to have been committed upon each day on which such violation occurs or continues.

(2) In lieu of or in addition to a fine, a minor may be ordered to attend counseling or to perform ten (10) hours of court approved community service during times other than the minor’s hours of school attendance and/or the minor’s parents, guardian, custodian or other adult person having legal care or custody of the minor may be ordered to attend a parenting class or series of parenting classes or other counseling approved by the court or recommended by the Truancy Review Board or to attend any program directly related to improving school attendance and/or performance.

(3) In addition to any penalty imposed pursuant to paragraph (1) or (2) above, the minor’s parents, guardian, custodian or other adult person having legal care or custody of the minor may be ordered to pay all amounts imposed as civil liability under Section 27-2-28(G) hereinafter.

(G) Civil Liability. If a minor is detained for a period of time in excess of one (1) hour which requires the supervision of the minor by personnel of the Clay County Sheriff’s Office or other law enforcement office, the parent, guardian, custodian or other adult person having the legal care or custody of the minor shall be jointly and severally liable for the costs therefore at the rate of Twenty-Five Dollars ($25.00) per hour for each hour the minor is in custody in excess of the initial hour. The parent, guardian, custodian or other adult person having the legal care or custody of a minor who has committed any offense of this Section shall be assessed and billed for the costs. The costs shall be recoverable in any action enforcing any provision of this Section or in a separate civil action. In addition, the failure to pay the costs shall constitute a violation of this Section and subject the violator to the penalties described within paragraph (F) above. Furthermore, in any legal action taken under this Section to enforce the same, the liable party shall be responsible for all court costs and any reasonable attorney’s fees incurred by the Village in prosecuting the same and/or collecting the fines, costs, and attorney fees associated therewith.

(Ord. No. 547; 08-12-04)

27-2-29 THEFT OF RECYCLABLES UNLAWFUL. It shall be unlawful for any person to collect, obtain, possess or pickup any recyclable item(s) from any receptacle or collection point where service is provided by an authorized waste hauler licensed by the municipality or from any specified recycling center within the Village limits unless said person is acting as an agent for the Village or acting as an agent for a waste hauler licensed by the Village.

27-2-30 THROWING OBJECTS FROM MOTOR VEHICLES. Pursuant to the police powers in 65 ILCS 5/11-1-1 it shall be unlawful for any person occupying or driving a motor vehicle, whether moving or not, to shoot, throw, cast, launch or drop any object, liquid or substance at any person, animal or structure, wherein the possibility of harm, injury or damage may occur as a result of these actions.

The driver and/or all passengers shall be, upon conviction, fined in accordance with the provisions of the Village Code and shall be liable for all damage, injury or harm caused by the activity. (See Section 27-3-2)

27-2-31 DEPOSITING OF SNOW AND ICE RESTRICTED. No person shall deposit or cause to be deposited any snow and ice on or against a fire hydrant or on any sidewalk, roadway, or loading or unloading areas of a public transportation system, except that snow and ice may be windrowed on curbs incident to the cleaning of sidewalks in business districts. (See 65 ILCS Sec. 5/11-80-13)

27-2-32 DISPOSAL OF REFUSE, RUBBISH AND GARBAGE. All refuse, rubbish, garbage, junk and other offensive matters shall be disposed of at a location and in a method that conforms to requirements of the Illinois Environmental Protection Act. No person shall store, deposit or permit to remain upon the ground or in any waterway, drainage ditch, or confined waters within the Village any refuse, garbage, rubbish, junk or other offensive matter that may attract or harbor flies, rodents, vermin and/or mosquitoes, that may create unsightliness or offensive odors, or that may create a health hazard or nuisance. No person shall burn any such refuse, rubbish, garbage, junk, or other offensive matter if such burning would be in violation of the requirements of the Illinois Environmental Protection Act, or would create a visibility hazard on any street, alley, public walkway, or on private property other than the property on which the burning is performed, or would become a nuisance, annoyance or discomfort to any other person by the reason of the emission of smoke, fumes, fly ash, dust, soot, noxious odor, or other atmospheric pollution or discharge. (Ord. No. 535; 07-10-03) (also see 25-3-1 et seq)

27-2-33 ANIMALS FASTENED OR LEFT AS OBSTRUCTION TO SIDEWALK. Whoever shall fasten or leave any team or any animal in such manner so that the same or any vehicle to which it may be attached shall be an obstruction to any sidewalk in said Village shall be subject to a penalty as set forth in Section 1-1-20. (1897 Code)

27-2-34 SKATEBOARDS.

(A) Definitions.

(1) “Skateboard” means a device without motive power, designed for transporting a person or persons, consisting of a platform on small wheels.

(2) “Roller skate” means a frame or shoe with small wheels attached, designed for transporting a person without motive power.

(B) Regulation. No person or persons shall ride any skateboard or roller skate or skates, on the public streets, alleys, or publicly owned property within the Village limits. (Ord. No. 409; 11-14-91)

27-2-35 NO WHEELED VEHICLES IN COMMUNITY COURTYARD. In regard to the Villages Community Courtyard (commonly known as the Pocket Park which is located on the corner of Chestnut and Church Streets), it shall be unlawful and shall also be considered a public nuisance for any adult or minor person to operate thereon any wheeled vehicle, implement, or toy, whether licensed or unlicensed and whether motorized or not, including but not limited to any skateboard, rollerskates, rollerblades, scooters, bicycles, motorcycles, golf carts, four wheelers , lawn mowers, childrens motorized riding vehicles and the like (hereinafter collectively referred to as vehicles), without prior permission from Village authorities. Such operation of any such vehicle on said premises and any resulting damages shall be a violation of the Section, regardless of the actual intent of the operator to cause damage or not. Parents, guardians and other persons responsible for a minor or disabled adult shall be responsible for the actions of the minor or disabled adult who violates this section. Any person who violates this section, and in the case of a minor or disabled adult violator, any parent, guardian or other person responsible for said minor or disabled adult, shall be jointly and severally liable for and subject to a fine of not less than $200.00 nor more than $750.00, plus restitution for all damages. However, this Section shall not apply to any disabled person operating a motorized or nonmotorized wheelchair or similar mobility device. (Ord. #670; 1/13/2011)

Comments are closed