Jail Time Sentence Overturned For Unmowed Lawn

[matcom]

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HARRISBURG, Pa. --A state appeals court Tuesday overturned a 30-day jail sentence given to a woman who didn't mow her grass. A three-judge Commonwealth Court panel said an Allegheny County judge should not have imposed jail time in the case of Shawna J. Johnson, whose property drew the ire of Wilkins Township officials in 2002 and 2003.

She was convicted by a district judge and later by a county judge of violating the township's property maintenance code by not cutting the grass, allowing dog feces and trash to accumulate on her porch and yard, and not cleaning her swimming pool.

The ordinance, however, did not authorize imprisonment for violations, wrote Commonwealth Court Judge Bonnie Brigance Leadbetter. The ruling vacated Johnson's 30-day jail term and sent the matter back to the county judge for a new sentence.

Johnson's lawyer, Allegheny County assistant public defender John Ciroli, called it "a very odd case" but noted state law permits townships to jail residents who have unkempt properties.

Johnson's husband also received a jail sentence for a similar violation, but he served the time and -- unlike his wife -- did not appeal, Ciroli said.

Although some townships can impose jail time for violators of maintenance ordinances, in practice such penalties are virtually unheard of, said Elam M. Herr, assistant executive director of the Pennsylvania Association of Township Supervisors. Jail time more commonly applies for code violations that involve health or public safety.

A phone message left with Wilkins Township attorney John Cambest was not immediately returned Tuesday.

http://www.boston.com/news/odd/articles/2005/07/12/jail_time_overturned_for_unmowed_lawn?mode=PF