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Search Observer-Reporter
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Ask the Officer: April 2008
Ask the officer
Sgt. Robert Lemons Jr.,
Washington police
community outreach
sgtlemons@officer.com
Previous Q&A:
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May2008
March 2008
February 2008
To report suspicious activity in Washington County, call 1-800-281-0070. The hotline is confidential and operates 24 hours a day.
Ask the officer
Sgt. Robert Lemons Jr.,
Washington police
community outreach
sgtlemons@officer.com
Previous Q&A:
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May2008
March 2008
February 2008
To report suspicious activity in Washington County, call 1-800-281-0070. The hotline is confidential and operates 24 hours a day.
Q. Is it legal to use a metal or clay fireplace/firebowl in my backyard in the City of Washington? 4/30/08
A. The City of Washington does have an ordinance against burning garbage and brush, etc. Open flames used for cooking are legal the last time I checked.
Q. in Pennsylvania, is it legal to use a GPS attached to the windshield of a vehicle? 4/29/08
A. I haven't seen any laws prohibiting the use of GPS units. Just make sure if you decide to use one, it doesn't block your view from inside the vehicle.
Q. I am an adult woman who has a neighbor who has made vulgar faces at me. (I will not elaborate.) This man stares at me and other neighbors while driving down our road, and while standing in his own yard, he glares at us when we are outside. Is there something we can do? We are afraid he will do something worse because it gives us the creeps. What can we legally do? 4/28/08
A. Someone looking at you isn't really a crime. If he continues to make obscene faces or says anything obscene to you, then that action might constitute a harassment charge. You can go to your local magistrate and file a private criminal complaint if his actions continue. It would then be up to the district attorney to accept the complaint.
A. The City of Washington does have an ordinance against burning garbage and brush, etc. Open flames used for cooking are legal the last time I checked.
Q. in Pennsylvania, is it legal to use a GPS attached to the windshield of a vehicle? 4/29/08
A. I haven't seen any laws prohibiting the use of GPS units. Just make sure if you decide to use one, it doesn't block your view from inside the vehicle.
Q. I am an adult woman who has a neighbor who has made vulgar faces at me. (I will not elaborate.) This man stares at me and other neighbors while driving down our road, and while standing in his own yard, he glares at us when we are outside. Is there something we can do? We are afraid he will do something worse because it gives us the creeps. What can we legally do? 4/28/08
A. Someone looking at you isn't really a crime. If he continues to make obscene faces or says anything obscene to you, then that action might constitute a harassment charge. You can go to your local magistrate and file a private criminal complaint if his actions continue. It would then be up to the district attorney to accept the complaint.
Q. If the speed limit on your road is posted at 45 mph and there is one person who continually flies up and down your road, can anything be done? 4/27/08
A. File a complaint with your police department. They might not be aware of the problem.
A. File a complaint with your police department. They might not be aware of the problem.
Q. How long do points remain on a driver’s record, specifically 3 points for going over the speed limit? 4/26/08
A. You need to drive for 12 months without another violation, then the points will be taken off.
Q. When you come to a traffic light and there is a sign and a separate traffic light saying "Right turn light," are you allowed to right turn on red if it is clear to do so?4/25/08
A. Unless there is a sign stating "no turn on red," you are allowed to proceed if done in a safe manner.
Q. What is the fine for not wearing a seat belt when you're driving? 4/23/08
A. The fine would be $10 plus other costs. The total would be $60.
Q. Are radar detectors illegal in Pennsylvania, and if so, what will happen if you get caught with one? 4/22/08
A. No, they are not illegal in Pennsylvania.
Q. I live in the Windsor Highlands neighborhood, and I own a paint ball gun. Is it fine if I shoot it in my backyard at targets? 4/19/08
A. You would have to check with South Strabane Township, since that is where you reside, to see if there are any township ordinances against that activity.
Q. What should I do if a police officer comes up behind me in a 25-mph zone? Should I stop and let him pass, speed up or let him ride my bumper? This has happened to me twice on the same road. If I speed up, would that allow him to pull me over? 4/18/08
A. You should continue to travel the speed limit. If the officer needs to go around responding to a call he will activate his lights and siren. At that point, you need to pull off the road so he can pass.
Q. If I were pulled over this morning for failing to stop at a stop sign and found out that my plates were suspended, what would happen to me? 4/17/08
A. You possibly could get a citation for the stop sign violation, and one for unregistered vehicle.
Q. What if someone got bitten in your house when you have signs posted about your dog? 4/16/08
A. The person could file civil against you for any injuries they receive even if you have asign posted. You can get more info on this by contacting your county's animal control for info on any criminal charges that could be filed.
Q. If I have an adult who does not wear a seat belt in the passenger seat and I get stopped, who will get the fine, the driver or the passenger? 4/15/08
A. The driver is responsible for passengers in his or her vehicle.
Q. If you know that someone is operating a vehicle with altered stickers, whom should you contact? 4/14/08
A. The police department that covers the area where the violation is occurring.
Q. You replied to a previous question about parking in front of a driveway, and you stated that the City of Washington has an ordinance to prohibit parking within eight feet of a driveway. Who would be contacted to enforce this ordinance. 4/13/08
A. The City of Washington police when the violation occurred.
Q. I know there is public intoxication. Is there any law about being intoxicated in view of minors, specifically one's own children? 4/12/08
A. Section 5505 PA Crimes Code: person is guilty of a summary offense if he or she appears in any public place under the influence of alcohol or controlled substance to the degree that he may endanger himself or others, or annoy persons in his vicinity.
Q. If I get pulled over and my passenger has drugs on him, do I get in trouble? What if drugs are found in my car, but they are the passenger's? 4/11/08
A. If drugs are found on your passenger you should be OK. If drugs are found in your vehicle, there is case law when it comes to constructive possession. If it is within your reach, you can be charged even if it isn't yours.
Q. In your "Ask The Officer" column in the Observer-Reporter, you sometime reference the Pennsylvania Vehicle Code or the Pennsylvania Crimes Code. Is there an online copy of these codes that we can look at the actual code? If there is, could you provide a link to the referenced code in the "online" version of your column? 4/10/08
A. If you go to any search engine and type in Title 18 PA Statutes or PA Crimes Code you should be able to obtain what your asking about. The vehicle code is Title 75 or PA Vehicle Code.
Q. How high can an external magnet CB/scanner antenna be? What are the laws regarding the use of a scanner to pick up traffic/weather frequencies in the vehicle? 4/9/08
A. This question refers back to height of loads. As long as the top of the antenna isn't above 13 feet 6 inches, you would be legal. The item has to be secured to the vehicle so it won't shift to project off the side or fall off.
Q. I have noticed that very loud and annoying pipes are common on motorcycles lately. Are they legal? 4/8/08
A. As long as they conform with inspection requirements, they would be legal.
Q. If I leave the beer store and my adult passenger opens a can of beer and I get pulled over, who gets the fine? 4/7/08
A. The driver of the vehicle is responsible for any violations that happen with or in the vehicle, since the driver is in control.
Q. What is the law regarding window tint? 4/6/08
A. You can't have tint on the front driver's side or passenger's side windows. Tint installed by the manufacturer is legal. This tint is usually on the rear windows.
Q. How far from a stop sign can you park? 4/5/08
A. You cannot block the view of a stop sign, which is usually at the corner of an intersection. The law states you can't park within 20 feet of an intersection.
Q. If I got a DUI 20 years ago and had my record cleared, and I got one now, would it be my first or second offense? 4/4/08
A. According to the latest law that I have seen, the state will go back 10 years. So it would be your first offense.
Q. What is the height limit on any vehicle including loads on vehicles? 4/3/08
A. Section 4922 Pennsylvania Vehicle Code: maximum height 13 feet 6 inches.
Q. What is the grading of a violation of having a weapon on school property? 4/2/08
A. Section 912 Pennsylvania Crimes Code: The grading is a misdemeanor of the first degree.
Q. What is the law when it comes to leaving children in a vehicle by themselves? 4/1/08
A. Section 3701.1, Leaving an unattended child in a motor vehicle: Any driver or person in control of a vehicle may not permit a child under 6 years of age to remain in a vehicle out of the person's sight and under circumstances that endanger the health, safety or welfare.
A. You need to drive for 12 months without another violation, then the points will be taken off.
Q. When you come to a traffic light and there is a sign and a separate traffic light saying "Right turn light," are you allowed to right turn on red if it is clear to do so?4/25/08
A. Unless there is a sign stating "no turn on red," you are allowed to proceed if done in a safe manner.
Q. What is the fine for not wearing a seat belt when you're driving? 4/23/08
A. The fine would be $10 plus other costs. The total would be $60.
Q. Are radar detectors illegal in Pennsylvania, and if so, what will happen if you get caught with one? 4/22/08
A. No, they are not illegal in Pennsylvania.
Q. I live in the Windsor Highlands neighborhood, and I own a paint ball gun. Is it fine if I shoot it in my backyard at targets? 4/19/08
A. You would have to check with South Strabane Township, since that is where you reside, to see if there are any township ordinances against that activity.
Q. What should I do if a police officer comes up behind me in a 25-mph zone? Should I stop and let him pass, speed up or let him ride my bumper? This has happened to me twice on the same road. If I speed up, would that allow him to pull me over? 4/18/08
A. You should continue to travel the speed limit. If the officer needs to go around responding to a call he will activate his lights and siren. At that point, you need to pull off the road so he can pass.
Q. If I were pulled over this morning for failing to stop at a stop sign and found out that my plates were suspended, what would happen to me? 4/17/08
A. You possibly could get a citation for the stop sign violation, and one for unregistered vehicle.
Q. What if someone got bitten in your house when you have signs posted about your dog? 4/16/08
A. The person could file civil against you for any injuries they receive even if you have asign posted. You can get more info on this by contacting your county's animal control for info on any criminal charges that could be filed.
Q. If I have an adult who does not wear a seat belt in the passenger seat and I get stopped, who will get the fine, the driver or the passenger? 4/15/08
A. The driver is responsible for passengers in his or her vehicle.
Q. If you know that someone is operating a vehicle with altered stickers, whom should you contact? 4/14/08
A. The police department that covers the area where the violation is occurring.
Q. You replied to a previous question about parking in front of a driveway, and you stated that the City of Washington has an ordinance to prohibit parking within eight feet of a driveway. Who would be contacted to enforce this ordinance. 4/13/08
A. The City of Washington police when the violation occurred.
Q. I know there is public intoxication. Is there any law about being intoxicated in view of minors, specifically one's own children? 4/12/08
A. Section 5505 PA Crimes Code: person is guilty of a summary offense if he or she appears in any public place under the influence of alcohol or controlled substance to the degree that he may endanger himself or others, or annoy persons in his vicinity.
Q. If I get pulled over and my passenger has drugs on him, do I get in trouble? What if drugs are found in my car, but they are the passenger's? 4/11/08
A. If drugs are found on your passenger you should be OK. If drugs are found in your vehicle, there is case law when it comes to constructive possession. If it is within your reach, you can be charged even if it isn't yours.
Q. In your "Ask The Officer" column in the Observer-Reporter, you sometime reference the Pennsylvania Vehicle Code or the Pennsylvania Crimes Code. Is there an online copy of these codes that we can look at the actual code? If there is, could you provide a link to the referenced code in the "online" version of your column? 4/10/08
A. If you go to any search engine and type in Title 18 PA Statutes or PA Crimes Code you should be able to obtain what your asking about. The vehicle code is Title 75 or PA Vehicle Code.
Q. How high can an external magnet CB/scanner antenna be? What are the laws regarding the use of a scanner to pick up traffic/weather frequencies in the vehicle? 4/9/08
A. This question refers back to height of loads. As long as the top of the antenna isn't above 13 feet 6 inches, you would be legal. The item has to be secured to the vehicle so it won't shift to project off the side or fall off.
Q. I have noticed that very loud and annoying pipes are common on motorcycles lately. Are they legal? 4/8/08
A. As long as they conform with inspection requirements, they would be legal.
Q. If I leave the beer store and my adult passenger opens a can of beer and I get pulled over, who gets the fine? 4/7/08
A. The driver of the vehicle is responsible for any violations that happen with or in the vehicle, since the driver is in control.
Q. What is the law regarding window tint? 4/6/08
A. You can't have tint on the front driver's side or passenger's side windows. Tint installed by the manufacturer is legal. This tint is usually on the rear windows.
Q. How far from a stop sign can you park? 4/5/08
A. You cannot block the view of a stop sign, which is usually at the corner of an intersection. The law states you can't park within 20 feet of an intersection.
Q. If I got a DUI 20 years ago and had my record cleared, and I got one now, would it be my first or second offense? 4/4/08
A. According to the latest law that I have seen, the state will go back 10 years. So it would be your first offense.
Q. What is the height limit on any vehicle including loads on vehicles? 4/3/08
A. Section 4922 Pennsylvania Vehicle Code: maximum height 13 feet 6 inches.
Q. What is the grading of a violation of having a weapon on school property? 4/2/08
A. Section 912 Pennsylvania Crimes Code: The grading is a misdemeanor of the first degree.
Q. What is the law when it comes to leaving children in a vehicle by themselves? 4/1/08
A. Section 3701.1, Leaving an unattended child in a motor vehicle: Any driver or person in control of a vehicle may not permit a child under 6 years of age to remain in a vehicle out of the person's sight and under circumstances that endanger the health, safety or welfare.
