Q: What consequences come with a city ordinance for urination on private property without the owner’s consent? I am currently underage but not a minor, and I was recently charged with an underage drinking citation. I am almost done my community service hours and soon I will pay to have it off my record. If I go to court with this citation, will he see my underage and give a harsher punishment? And can this citation be expunged as well?
A: Being cited for violating a municipal ordinance and being cited for a summary offense under PA crimes or motor vehicle code are entirely different things. A conviction for a summary non-traffic offense such as underage drinking, public drunkenness, harassment, etc. is reported to criminal record repositories and become part of a state and nationwide basis. They are found in the PA Crimes Code. A borough ordinance violation, does not become part of any criminal record repository and is not considered to establish a criminal history. City ordinances are not found in the PA Crimes Code. The ordinance violation, to my understanding, doesn’t leave the municipality records system and is not shared with any other database. If you are to appear before the same district justice on the new ordinance violation who heard your prior underage drinking, I would say to be careful. If you were sentenced, but have not completed or fulfilled the terms of the plea agreement on the underage drinking which hopefully results on a withdrawal for doing community service, the judge could vacate your plea agreement based on the new charge. I doubt if he can sentence you to more than a fine on the municipal ordinance-jail should not be an option on the municipal ordinance violation. I need more facts however to give a precise answer. I suggest you seek counsel.