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Summary of Indiana Borough Ordinances and State Laws

University Police  (724) 357-2141 

 

  1. General Statement
    Students are expected, as citizens, to abide by the laws and regulations of the Borough of Indiana and the Commonwealth of Pennsylvania in addition to the rules of the university.  The following information is presented in an effort to make students aware of certain borough ordinances and state laws dealing with personal conduct.
     
    In 1972, the Pennsylvania legislature enacted a variety of laws lowering the legal age of the majority from twenty-one to eighteen.  These laws have a significant impact upon IUP students, since many of them are in the eighteen-to-twenty age group.  A minor in the Pennsylvania rules of court has been defined as "an individual under the age of eighteen years.”  With the exception of the drinking age, an eighteen-year-old in Pennsylvania is legally an adult.  Further information on the following ordinances and laws can be obtained from the Campus Police Office, Ground Floor, Administrative Annex.
     

  2. Local Ordinances

    1. Anti noise Ordinance
      There is a twenty-four-hour-a-day restriction on noise.  If noise (music, yelling, partying, etc.) can be heard fifty feet from where the noise originates you are in violation.

    2. Bicycles

      1. Please remember that bicycles are considered vehicles by Pennsylvania.  That means that all of the laws you normally associate with cars (stop signs, traffic lights, one-way streets, etc.) apply to operators of bicycles.

      2. When driving your bike at night, you must have a light on it that can be visible for 500 feet and a red rear reflector.

      3. You may not ride your bike on the sidewalk.  We know this is a convenient way to get around town, but the sidewalks are reserved for pedestrian travel.

    3. Disorderly Conduct

      1. Several ordinances specify actions covered by the general charge of disorderly conduct: loud, boisterous, or unseemly noises, use of indecent language, damaging public or private property, and prowling.

      2. On conviction before a magistrate, fines may range to $300 plus costs, depending on the offense.  Serious cases of disorderly conduct can be prosecuted as misdemeanors.

    4. Garbage and Recycling
      It is unlawful to place garbage bags or recycling containers out for collection more than twenty-four hours before the regularly scheduled time for their collection.

    5. Grass and Snow Care
      If you live off campus, check your lease.  You may be responsible for keeping your grass cut and clearing the snow from your sidewalk within twenty-four hours of the last snowfall.

    6. Leash Laws/Nuisance
      Indiana Borough's leash law requires dogs to be on a leash at all times while in the borough.  Indiana Borough's nuisance ordinance requires anyone walking a dog in the borough to clean up defecation from public or private property.

    7. Littering
      Littering in the borough is subject to a fine of not less than $50 or more than $300 plus costs.

    8. Open Container
      It is illegal in Indiana to possess any open container of an alcoholic beverage on any public property.  This includes streets, sidewalks, and parks.  Violation of this ordinance is punishable by a fine.

    9. Outdoor Fires
      It is unlawful to start a fire of any description out of doors. 

    10. Placement of Signs
      It is unlawful to place or post signs or any other such obstruction upon any public right-of-way.

    11. Playing on Public Streets
      It is unlawful to play ball on any public street, alley, or sidewalk.

    12. Property Inspection
      Indiana Borough reserves the right to inspect any non owner-occupied property between the hours of 8:00 a.m. and 8:00 p.m.

    13. Rollerblading
      It is unlawful to rollerblade or skateboard on any street in town.  Please use the sidewalk, but you must yield to pedestrians.  Rollerblading or skateboarding on any sidewalk located on Philadelphia Street between Fifth and Ninth streets is prohibited by ordinance. 

    14. Street Signs
      It is unlawful to deface or steal signs.  Theft of street signs and markings has caused serious accidents.

  3. Extracts from the State Crime Code

    1. Forgery
      Anyone who fraudulently signs another person's name to a document, such as a check, is guilty of forgery.  Forgery is a felony and is punishable by a fine between $10,000 and $25,000 or imprisonment not exceeding ten years, or both.

    2. Fireworks
      It is illegal to use fireworks in the Borough of Indiana.  Prosecution is usually under disorderly conduct.

    3. Library Theft

      1. A person who attempts to remove library property from the library is guilty of library theft.  If an individual conceals or attempts to conceal library property, he/she is guilty of this offense.  The individual does not have to leave the premises in order to be considered in violation; the law itself provides for a presumption of intent.  The penalties for violating this law range from a summary offense punishable by a fine to a felony offense punishable by imprisonment.

      2. In cases involving conviction for library theft, the defendant is required by law to be fingerprinted, and those fingerprints are subsequently turned over to the State Police.

      3. Retention of library property after notice to return is also a summary offense punishable by a fine and restitution of cost of materials and any other costs incurred by the library in the process of prosecution.  A person is guilty of this offense if he/she fails to return library property within thirty days of receiving a written notice from the institution.

      4. Complete copies of laws concerning library property can be reviewed at the university libraries or Campus Police.

    4. Liquor

      1. The age of majority has not been changed regarding liquor in Pennsylvania; therefore, the following laws are still in effect: A person is guilty of a misdemeanor of the third degree if he or she being under the age of twenty-one years knowingly and falsely represents himself to be twenty-one years of age to any licensed dealer or other person for the purpose of procuring or having furnished to him or her any intoxicating liquors.

      2. Maximum penalties: $2,500 fine and/or one year in jail.

      3. A person is guilty of a summary offense if he or she being less than twenty-one years of age, attempts to purchase, purchases, consumes, possesses, or transports any alcohol, liquor, or malt beverage.  Any fine under this section shall be decreed to be paid to the local government in which the offense was committed, for the use of the local government.  Maximum penalties: $300 fine and/or ninety days in jail

      4. A person is guilty of a misdemeanor of the third degree if he or she knowingly, willfully, and falsely represents to any dealer or other person any minor to be of full age for the purpose of inducing any such licensed dealer or other person to sell or furnish intoxicating liquors to a minor.  Maximum penalties: $2,500 fine and/or one year in jail.  Minimum fine: $300.

      5. The state Liquor Control Board operates under state laws.  Under these laws, it is a misdemeanor to unlawfully transfer an identification card for the purpose of falsifying age to secure malt or alcoholic beverages.  Also it is a misdemeanor for any person to sell, furnish, or give to any minor under twenty-one years of age any malt or alcoholic liquor.  Penalty: $100 to $300 fine and/or three months in jail.

    5. Manufacture of a False ID Card

      1. A person commits a misdemeanor of the second degree if he or she intentionally, knowingly, or recklessly manufactures, makes, alters, sells, or attempts to sell an identification card falsely representing the identity, birth date, or age of himself or herself. 

      2. Minimum penalty for first offense is $1,000 fine; there is a minimum fine of $2,500 for a second or subsequent offense.

    6. Carrying a False ID Card

      1. A person commits a summary offense for the first violation and a misdemeanor of the third degree for any subsequent offense if he or she, being less than twenty-one years of age, possesses an ID card falsely identifying that person by name, age, date of birth, or photograph as being twenty-one years of age or older or obtains liquor or malt or brewed beverage by using the ID card of another or by using an ID card that has not been lawfully issued to or in the name of that person who possesses the card. 

      2. Maximum penalty for the first offense is $300, and minimum fine for the second or subsequent offense is $500.

    7. Restriction of Operating Privileges
      In addition to any other fine or sentence imposed by a court, a person who is guilty of any of the offenses dealing with the possession, consumption, or transportation of alcohol or possessing, making, or displaying a false ID will have vehicle operating privileges suspended for a period of ninety days for the first offense, one year for the second offense, and two years for the third or subsequent offense.

    8. Drugs and Narcotics

      1. In June, 1972, Pennsylvania adopted the Uniform Controlled Substance, Drug, Device, and Cosmetic Act.  This act liberalized the Pennsylvania law in the field of drugs and narcotics and in many ways respects reduced the penalties for violations of the new law in this field.  The law reduced many drug violations to the class of misdemeanor.  One of the major exceptions is the distribution of drugs by a person over twenty-one years of age to a person under eighteen years of age, who is at least four years his junior.  This violation is the most heavily punishable under the act.

      2. The act provides that the possession of a small amount of marijuana only for personal use, or possession of a small amount with intent to distribute but not to sell, or the distribution of a small amount but not for sale carries a maximum sentence of thirty days and a maximum fine of $500.  A small amount is defined as thirty grams of marijuana or less or eight grams of hashish.

      3. Furthermore, the act provides that first offenders may receive probation without verdict, and if the probation conditions are satisfactorily carried out the proceedings will be dismissed.  In addition, if this procedure is used, the arrest and prosecution will be erased from the record.

    9. Retail Theft (Shoplifting)

      1. Any person committing the first offense of retail theft when the value of the merchandise is less than $100 is guilty of a summary offense.  Maximum penalties: $300 fine and/or ninety days in jail.

      2. Upon conviction of a second offense when the value of the merchandise is less than $100, the person shall be guilty of a misdemeanor of the second degree.  Maximum penalties: $5,000 and/or two years in jail.

      3. Upon commission of third or any subsequent offense, regardless of the value of the merchandise, the person shall be guilty of a misdemeanor of the first degree.  Maximum penalties: $10,000 and/or five years in jail.

      4. When the value of the merchandise shall be $100 or more, any person who shall commit the offense of retail theft, whether the same shall be a first or subsequent offense, shall be guilty of a misdemeanor of the first degree.  Maximum penalties: $10,000 and/or five years in jail.

      5. In all cases involving conviction of retail theft, the defendant is required by law to be fingerprinted, and those fingerprints are subsequently turned over to the Pennsylvania State Police.

  4. Types of Prosecution
    Violations of laws and ordinances are prosecuted under three classifications:

    1. Summary of Offenses

      1. Nearly all borough ordinances come under the Summary Offense Classification.  Summary offenses must be paid within ten days at the magistrate's office.  Most moving vehicle violations and others not cleared in the forty-eight-hour period are processed by a magistrate.  State law requires the magistrate to add costs to the penalty and determines the amount of the costs to be added. 

      2. Examples of summary offenses are most types of disorderly conduct, violations of the Motor Vehicle Code, and first offenses of shoplifting.

    2. Misdemeanors

      1. The State Crimes Code provides for three degrees of misdemeanors.  The degree determines the maximum sentence and fine, which may be imposed upon conviction, and, therefore, the seriousness of the crime.  A defendant charged with a misdemeanor is afforded the same procedural safeguards as a defendant charged with a felony.  The case will be heard by a magistrate at a preliminary hearing.  If a prima facie case is shown by the commonwealth, it will then be sent to trial and will be heard by a judge either with or without a jury at the option of the defendant.

      2. Examples are driving under the influence of alcohol, driving during suspension of operator's license, and furnishing liquor to a minor.

    3. Felony

      1. Cases involving crimes of the most serious nature are denoted as felonies.  There are three grades of felonies in Pennsylvania.  The degree determines the maximum sentence and fine, which may be imposed upon conviction.  A defendant charged with a felony will have his/her case heard by a magistrate at a preliminary hearing.  If a prima facie case is shown by the commonwealth, the case is then sent to trial and will be heard by a judge either with or without a jury at the option of the defendant.

      2. Examples are murder, rape, arson, burglary, theft, and forgery.

  5. Regulations on Telephone and Mail Service
    Students found guilty of the following infractions will be subject to disciplinary action.  Federal and state laws provide the following:

    1. Anyone with intent to defraud who gives information to the operator or agent of any telephone company, so that the charge thereof is made to the account of another without authorization, shall be liable to fine or imprisonment or both.  Further, federal and state laws prohibit the providing of false information with the intent to defraud the telephone company.  This would also apply to the use of a "phone card" by other than the authorized party.  This offense is punishable by fine and/or imprisonment.

    2. Students are warned that it is illegal to use fictitious names in order to receive articles through the United States mail.  Such actions are treated as theft.

 

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