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1976-038ORDINANCE NO. 76 - &9' AN ORDINANCE PROHIBITING TRESPASS TO PROPERTY AND IMPOSING CERTAIN PENALTIES THEREFOR BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties and State of Illinois: SECTION 1. BACKGROUND Acts of vandalism resulting in damage to real or personal property within this Village have increased, posing a threat to the value of property and the welfare of residents. 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 interests will tend to increase parental supervision of minors and reduce the incidence of juvenile vandalism, thus advancing the welfare of residents of the Village. SECTION 2. 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 including improvements thereon, and tangible personalty. (c) "Legal guardian" shall include a person appointed guardian, or given custody, of a minor by any °court of record 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 nineteen (19) years of age. SECTION 3. OFFENSES Within the corporate limits of the Village 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 obtain control over any motor vehicle, bicycle, aircraft or water craft or any part thereof of another person without his consent. SECTION 4. PENALTY Every person found guilty of an offense shall be subject to either or both of the following penalties: 0 (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 before such person or agency as directed by the court. (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 treatment, or treatment for drug addiction or alcoholism; (iii) Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary 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. (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 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 v.iolated during such additional period. (4) When a petition 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 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 determina- tion of the charge, and the term of conditional discharge shall not run so long as the offender has not answered the summons or warrant. (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 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. (iv) Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which imposes financial -2- o 0 obligations upon the offender unless such failure is due to his wilful refusal to pay. (v) 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. (5) 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. (6) A judgment revoking probation or conditional discharge is a final appealable order. SECTION 5. LIABILITY OF PARENT OR LEGAL GUARDIAN OF.MINOR OFFENDER The parent or legal guardian of an unemancipated minor defendant who resides with such parent or legal guardian shall be liable for any fine or con- dition of restitution or reparation imposed by a court upon a minor for violation of this Ordinance, provided that said minor has not paid said fine or made restitu- tion 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 thereafter as provided by law. SECTION 6. SEVERABILITY If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect other provisions 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 7. EFFECTIVE DATE This Ordinance shall be in full force and effect upon its passage and publication in accordance with State Statutes. This Ordinance may be published in pamphlet form. PASSED this - day of 1976. AYES: NAYES: U ABSENT: O APPROVED: Village President ATTEST: VF 1,6-g e M—F -3- R 1 ORDINANCE NO. 76 AN ORDINANCE PROHIBITING TRESPASS TO PROPERTY AND IMPOSING CERTAIN PENALTIES THEREFOR BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties and State of Illinois: SECTION 1. BACKGROUND Acts of vandalism resulting in damage to real or personal property within this Village have increased, posing a threat to the value of property and the welfare of residents.. 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 interests will tend to increase parental supervision of minors and reduce the incidence of juvenile vandalism, thus advancing the welfare of residents of the Village. SECTION 2. 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" shal.1 include any real estate including improvements thereon, and tangible personalty. (c) "Legal guardian" shall include a person appointed guardian, or given custody, of a minor by any court of record - 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 nineteen (lg) years of age. SECTION 3. OFFENSES Within the corporate limits of the Village 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 obtain control over any motor vehicle, bicycle, aircraft or water craft or any part thereof of another person without his consent. - SECTION 4.- PENALTY Every person found guilty of an offense 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 before such person or agency as directed by the court. (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 treatment, or treatment for drug addiction or alcoholism; - (iii) Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary 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. (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 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. (4) When a petition 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 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 determina- tion of the charge, and the term of conditional discharge shall not run so long as the offender has not answered the summons or warrant. (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 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. (iv) Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which imposes financial i obligations upon the offender unless such failure is due to his wilful refusal to pay. (v) 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. (5) 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. (6) A judgment revoking probation or conditional discharge is a final appealable order. SECTION 5. LIABILITY OF PARENT OR LEGAL GUARDIAN OF MINOR OFFENDER The parent or legal guardian of an unemancipated minor defendant who resides with such parent or legal guardian shall be liable for any fine or con- dition of restitution or reparation imposed by a court upon a minor for violation of this Ordinance, provided that said minor has not .paid said fine or made restitu- tion 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 thereafter.as provided by law. SECTION 6. SEVERABILITY If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect other provisions 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 7. EFFECTIVE DATE This Ordinance shall be in full force and effect upon its.passage and publication in accordance with State Statutes. This Ordinance may be published in pamphlet form. PASSED this --r day of _... ' d 1976• i AYES: NAYES: O ABSENT: O _APPROVED: Village President ATTEST Village Clerk`.'"'_