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Municipal Law > Exam 5 > Flashcards

Exam 5 Flashcards

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1
Q

If an officer ever finds a conflict between state law and a local ordinance, the _____ will ALWAYS take precedence.

A

State Law

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2
Q

All City of Boston ordinances are considered to be _______ offenses.

A

Misdemeanor

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3
Q

In the condition of such arrest, the violation must be committed ______

A

in presence

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4
Q

M.G.L Ch. 272 S 59

A

provides officers with the right of arrest

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5
Q

Right of Arrest must be exercised with (PIC)

A

Prudence
Intelligence
Common Sense

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6
Q

Many MGLs are duplicated by City Ordinances – why should you use MGL over city ordinance?

A

MGL takes precedence and easier to prove

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7
Q

Willful Violation

A

1st notify violator of act of violation of city ordinance (warning notice)
a. Oral – (1.1 or F.I.O as proof)
b. Written Citation
i. Money
ii. Warning

IF CONTINUED THEN ARREST

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8
Q

Who has law-making powers in MA?

A

The State Legislature

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9
Q

Police authority is derived from two sources…

A

MA Constitution
M.G.L
-Enabling Statutes (c.40 s 21)
-Home Rule (c.43b)

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10
Q

The Enabling Statute
Some of the reasons for which a city can enact ordinances are: (6 reasons)

A

-Protection of the public interest
-The welfare of the general public
-Maintenance of peace and good order
-Health
-Safety
-Morals

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11
Q

To successfully prosecute any violation of an ordinance which does not result in arrest, the following must occur:

A

Complaint
Hearing Date
Complaint will then be issued or denied
If denied, the matter is finished
If issued, arrangement, trial
Sentencing if found guilty

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12
Q

The marijuana law applies the ___ to all violations.

A

21D process

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13
Q

What can you do with juvenile Violations (including marijuana)

A

no longer able to arrest, or apply for criminal complaint,
against juveniles who violate a municipal law.
Officers can still issue civil citation (money fine)

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14
Q

Police officers assigned to polling locations by law, shall:

IVMR

A

Inspect
Verify
Mark
Report

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15
Q

Permits for street work shall specify:

A

Time
Place
The size and use of such opening, occupation, or obstruction

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16
Q

No person shall occupy a roof deck from the city of Boston unless issued a permit by ISD (Inspectional service department) when:

A

3 or more residential units (Triple Decker)

17
Q

Dangerous or vicious dog shall mean
PERSON
PERSON
ANIMAL

A

Any dog that has bitten or attacked a person,

Any dog that has attempted to bite or attack any person,

Any dog with a known tendency or disposition to attack, cause injury, or threaten the safety of domestic animals.

18
Q

While on an owner’s or keeper’s property, a dangerous or vicious dog must be

A

Securely confined indoors

In a securely enclosed and locked pen or structure.

19
Q

Restraining Dogs

restrained by a chain or leash NOT exceeding ______ in length

A

10’ feet

20
Q

Dangerous or Vicious Dog

The owner or keeper shall display a sign/signs on the premise facing out from ____ sides of the premise warning that there is dangerous of vicious dog on the property.

A

ALL

(not 3 sides, not 4 sides, not 5 sides, but ALL sides)

21
Q

Dangerous or Vicious Dog

The owner or keeper shall ensure that the sign/signs are visible and capable of being read from a public way or within _____ of it’s placement.

A

20’ feet

22
Q

Dangerous or Vicious Dog

The owner or keeper shall also display a sign with _______ for children who cannot read of the presence of a dangerous or vicious dog.

A

a symbol warning

23
Q

Who doesn’t the dog fouling ordinance fall under?

A

-A dog accompanying any handicapped person
-Any individual over 65 years of age

(65 years old has to pick up shit)
(66 years old doesn’t have to pick up shit)

24
Q

Permits for street work…

(what you need)

A

Restoration of pavement

Lighting sufficient

Detail inspector

Shall require to hire a BPD officer to
1. Protect safety and welfare of public
2. Free flow of traffic

25
Q

Dog Officer May Permit Dangerous Dog Off Owner’s Premises if:

A

MUZZLED

Approved leash or chain NOT EXCEEDING 3 FT

Under control of ABLE-BODIED ADULT

26
Q

Enforcement of Municipal Law

A

Arrest
Summons
Warning
Fines

27
Q

Criminal Violations

A

Arrest
Complaint Application/ Summons

28
Q

Civil Violations

A

Citation

Municipal Law (3 decks)

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