§ 30-163. Harboring runaways.

(a)

Children in dwelling of another without permission. It is unlawful for any person over the age of 17 years of age to allow any unemancipated minor to remain overnight in his dwelling without the express permission and consent of the minor's parents, legal guardian, person in loco parentis or court. It is unlawful for any person over the age of 17 years of age to aid or encourage any unemancipated minor to remain away from his home or family without the express permission and consent of the minor's parents, legal guardian, person in loco parentis or court.

(b)

Penalties for violations of section. Violations of this section shall be subject to punishment as follows:

(1)

Fines. Any person who violates, disobeys, omits, neglects, permits or allows or refuses to comply with or who resists enforcement of any provision of this section, unless a different fine is provided for under a different subsection of this section, shall be subject to a fine of not less than $10.00 nor more than as provided in section 1-16 for each offense. Nothing in this subsection shall prevent the village from prosecuting for several violations of the same subsection on the same day or for each day of the violations, although the same may continue, and each of the violations shall be separate and distinct violations and subject to the penalties of this subsection.

(2)

Responsibility of corporations, firms or persons; joint liability. A corporation, firm or person may be prosecuted for the commission of an offense performed by an officer, agent or employee where the offense is committed while such person is acting within the scope of his office, employment or agency, or the commission of the offense is authorized, requested, commanded, performed, permitted, allowed or by neglect of the corporation, firm or person. An officer or any other person or agent who has a position of comparable authority for the formulation of policy or the supervision of subordinate employees in a managerial capacity is legally accountable for any offense committed in the name of or on behalf of the corporation, firm or person to the same extent as if it were performed in his own name and behalf and may be prosecuted for violations of this section. Prosecutions for violations of this section may be jointly, severally or in the alternative against any of the named persons in this subsection and the officer, agent or employee. Persons jointly liable for any violations may be prosecuted under one complaint.

(3)

Cumulative remedies. The remedies or penalties enumerated in this section are cumulative, and the village may prosecute in the alternative and, in the case of a nuisance, subject the person committing the nuisance to an immediate arrest without the notice to abate or other procedure and may, in addition, proceed for any other violation of any other subsection of this section or to enforce its remedy under any other ordinance, the federal and state statutes, or the common law.

(4)

Incarceration. The village may, as an alternative remedy, elect to proceed to prosecute any violation under any subsection of this section punishable by incarceration in a penal institution other than the penitentiary not to exceed six months. If the village so elects, the complaint shall state that a conviction may result in incarceration in a penal institution other than the penitentiary for a period not to exceed six months. All prosecutions under this subsection shall be in the circuit court by information or complaint sworn to charging the offense, and the prosecution conform to the rules of criminal procedure and a conviction shall require the village to establish the guilt of the defendant beyond a reasonable doubt. The court may, in lieu of imprisonment, assess a fine as set forth in this section.

(5)

Citations for violations. Whenever a police or peace officer or any officer charged with the enforcement of any provisions of this section is authorized to arrest a person without a warrant because of a violation of any provision of this section, such officer may, in lieu of the filing of a complaint in court, in the first instance issue to such alleged violator a citation:

a.

Warning. Advising the person that he has violated a specific subsection of this section and issuing him a warning to correct the violation within the time specified in the notice. There shall be no fine connected with this warning. If, however, that violator fails to correct the condition within the time specified in the notice, proceedings may be had under subsection (b)(5)b of this section; or

b.

Issuance and payment of citation. The citation may be issued and paid for as follows:

1.

Advising such person that he has violated a specific subsection of this section.

2.

Requesting him to make payment in an amount applicable to the alleged violation as set forth as settlement of the violation claim.

3.

Informing him that upon failure to so settle, a complaint will be filed in the county circuit court, charging him with such violation.

4.

Pursuant to the citation, the person so accused of the violation may settle and compromise the violation claim in respect to the violation by paying to the village the applicable amount as shown in the schedule as set forth in subsection (b)(5)c of this section, within a period to be specified in the citation, not more than seven days of the time the alleged offense was committed. Such payment shall be made in accordance with the instructions contained in the citation, at the office of the village collector, who shall issue a receipt for the money so received and promptly remit the amount to the village treasurer to be credited to the proper village fund.

c.

Schedule of payment. The violation claim described in the citation, issued pursuant to the terms in this section, may be settled, compromised and paid in the respective amounts as set forth in the following schedule:

1.

If the payment is made prior to the mailing by the village or by the officer of a final notice, $50.00 for the first offense or $100.00 for the second offense shall be accepted as settlement. Persons cited for a third offense of this section shall be processed by a complaint filed through the village prosecutor's office in the county circuit court.

2.

If payment has not been made prior to the mailing of such final notice, and in fact final notice has been mailed, the amount required for settlement shall be $75.00 for a first offense and $150.00 for a second offense.

3.

If payment is not made within the time prescribed in the final notice, and a notice to appear has been served and a complaint filed in the county circuit court, payment of any fine and costs shall be in such amounts as may be determined and established by the court, but not less than the amount provided for in subsection (b)(5)c.2 of this section.

4.

The payment of an amount as settlement will not excuse the person from curing the violation. Every day the violation continues shall be considered a separate and distinct offense.

d.

Failure to make payment. If the person to whom the citation is issued fails to settle and pay the violation claim within the prescribed time, or within a period of time specified in the final notice (if one is served upon him), then the officer is authorized to cause a notice to appear to be served upon the alleged violator and to file a complaint and prosecute the same in the county circuit court.

(Code 1978, § 10-4-3; Code 1997, § 50-166)

State law reference

Harboring a runaway, 720 ILCS 5/10-6.