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Boston Police - Nguyen & Ali > MUNI LAW LVL 2 V1 > Flashcards

MUNI LAW LVL 2 V1 Flashcards

1
Q

Who has law making powers

A

state legislature

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2
Q

What can the State Legislature not do?

A
  • Cannot enact laws or ordinances that affect general legislation;

However, May
enact laws that are consistent with their own welfare and peculiar to its needs

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3
Q

To whom does the state legislature delegate the power too?

A

Delegates the power to enact local laws
and ordinances to local municipalities

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4
Q

CH 272 S 59 ROA

A

Provides officers with a right of arrest for any violation of a city ordinance, by-law and/or rule or regulation

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5
Q

Willful violation

A

Implies that a warning must be given and ignored by the violator before an arrest can be made

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6
Q

What are Local Laws, Ordinances, By-laws and rules and regulations and when can they be arrestable if in violation?

A

Misdemeanors

Arrestable only in presence

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7
Q

What formal authority to make and enforce laws?

A
  • US Constitution
  • MA Constitution
  • General Court (State Legislature)
  • MA general laws
  • City Ordinances
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8
Q

Who has the authority to exercise police powers

A
  • MA Constitution
  • Enabling Statute (C 40 S 21 - City
    Ordinance)
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9
Q

Enabling Statute

A
  • MGL C 40 S 21
  • Power to make and enforce local laws - city ordinances
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10
Q

What are 5 important things related to Enabling Statute

OPEN RESPONSE

A

— Public interest
— Welfare of general public
— Maintain peace and good order
— Health
— Safety
— Morals

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11
Q

True or False?

Officers are no longer able to arrest, or apply for a criminal complaint against juveniles who violate a municipal law

Officers may still site, warn, otherwise enforce ordinance

A

True

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12
Q

Ordinances

Statutory offenses take ______ and ____ to prove

OPEN RESPONSE

A

precedence and easier

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13
Q

Drinking Alcohol in Public (16-12.28)

A

No person shall
- Drink any alcoholic beverage
- Possess an open container
- In any public area

Warning notice pertaining to open
container of alcohol:
If an individual demonstrates
- Prior knowledge of the law
- You may make an arrest
- Without first giving a warning notice

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14
Q

3 licenses you need for Pedicabs (16-12.39)

OPEN RESPONSE

A
  • Hackney license for vehicle
  • Hackney license for driver
  • Valid driver’s license
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15
Q

NUMBERING BUILDINGS

A

No person shall neglect or refuse to affix street number assigned

Nor shall a person affix to or inscribe on or suffer to remain on any building a street number other than the ones assigned

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16
Q

NOTICES AND PLACARDS

A

**Prior consent to post notices

  • No person shall post a notice, advertisement upon any post, pole,
    fence, wall or building in the city,
  • without permission from the owner

**Posting in Public places
- No person shall post upon a curbstone, sidewalk, tree, telephone pole, lamp-post, hydrant

  • In a public place or building belonging
    to the city
  • Without consent from major
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17
Q

CONSTRUCTION HOURS

OPEN RESPONSE

A
  • 7:00am - 6:00pm on weekdays
  • except in the interest of public safety or welfare; Need issuance of and pursuant to a permit
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18
Q

SOUND DEVICES IN MOTOR VEHICLES

A

unlawful to operate a loud amplification device in or on a motor vehicle that is either moving or standing in public way

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19
Q

Prosecution

A
  • 99% will not result in an arrest
    — Complaint
    — Hearing date
    — Formal complaint issued or denied
    — Denied = matter is finished
    — Issued = arraignment and trial
    — Sentencing if found guilty
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20
Q

Are juveniles ever charged criminally with an ordinance violation?

A

NO (Regardless of whether it is a straight offense in presence; or criminal complaint) NEVER

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21
Q

If making an arrest, such right of arrest shall be exercised with:

A
  • Prudence
  • Intelligence
  • Common Sense
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22
Q

Vicious Dog Definition

OPEN RESPONSE

A

Any dog that has bitten or attacked any person

Any dog that has attempted to bite or attack any person

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

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23
Q

What is the right of arrest for city ordinances?

A

Misdemeanor; In presence of the Officer

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24
Q

Five conditions for permits of street work

OPEN RESPONSE

A
  1. Restoration of Pavement
  2. Proper lighting
  3. Safe and convenient travel for vehicles and pedestrians and accessible paths of travel for people with disabilities (ADA compliant)
  4. Provide sanitary accommodations for employees
  5. BPD officer on special duty
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25
Roof deck permit requirement
Permit only applies to buildings that have three (3) or more residential units (TRIPLE DECKERRRRR) - Permit to occupy
26
LOUD AMPLIFICATION DEVICES IN PUBLIC
it is unlawful to operate a loud amplification device in a public way/place
27
LOUD AMPLIFICATION DEVICES IN OR ON RESIDENTIAL PREMISES
it is unlawful to operate a loud amplification device in a dwelling place or on the land
28
UNREASONABLE NOISE
No person shall make or cause unreasonable or excessive noise from whatever means or from whatever source
29
Excessive Noise
50 dBa 11:00pm - 7:00am 70 dBa at all other hours - absence of an applicable noise level standard; distance of 300 feet - loud amplification device: 100 feet
30
Automobile safety devices
the use, maintenance, installation or keeping of any device which does not automatically terminate within 5 minutes shall be unlawful
31
ARREST AND SEIZURE OF PROPERTY
Arresting officer may seize any loud amplification device or similar equipment - shall be inventoried and held - shall be returned - receipt shall include (Where, when, what reason and for what purpose; the device or equipment was seized/held - No receipt shall be redeemed and no such device or equipment shall be returned to any person unless and until all judicial proceedings have been completed - EXEMPTIONS: valid license or permit
32
ABANDONMENT OF AUTOMOBILES OPEN RESPONSE
No person shall place an automobile or any automobile parts upon public or private land for the purpose of abandonment No more than (1) Unregistered and/or uninsured vehicle upon a public or private land of 6 or fewer residential units - PENALTIES: 1st violation = warning to register, insure or remove within 10 business days of the violation
33
NON-EMERGENCY REPAIR OF VEHICLES
- Install or remove any MV part - Make any repair or servicing - use any fluid other than water
34
Hawkers & Peddlers (16-2) OPEN RESPONSE
>>Assigned him/her a number >>His name and residence recorded with inspector >>A recent photograph attached to license - If sold by weights and measures >>Certificate from the Sealer of Weights and Measures
35
Fruits and Vegetables OPEN RESPONSE
>>MUST BE LICENSED OR - Engaged in the pursuit of agriculture - Articles are product of the vendor’s labor or labor of his family
36
At what age are you authorized to be granted a license, and for how long ?
16 years old and up to one year
37
Crying of Wares (16-2.2) Where can you not cry your wares?
No person shall - Cry his/her wares To the disturbance of the peace In the neighborhood of, - Schoolhouses, or - Places for divine worship
38
Replica Firearms (16-5B) No person shall sell unless: OPEN RESPONSE
The entire exterior surface is colored white or some bright color Entirely transparent or translucent materials Barrel is closed with a Blase orange plug Name of manufacturer Does not have a laser pointer attached
39
Enforcement & Penalties for Replica Firearm
Persons under 18 - Confiscate replica from individual and notify parent/guardian (P/G may pick it up after 24 hours) Persons 18 and older - Confiscate and inform (May pick up after 24 hours) Second or subsequent offense - Forfeiture of firearm
40
Littering (16-12.8)
No person may litter: - Upon vehicle or on foot, and - Deposit, drop or throw, and suffer to remain there Driver of vehicle - shall not permit to drop or fall from such vehicle driver of vehicle can be fine for this
41
SALE OF DANGEROUS INSTRUMENTS OPEN RESPONSE
No person shall: sell, give, deliver - To any person under 18 - A knife with blade of 2” inches or more - Ice pick - Straight edge razor ** Peddlers or hawkers are prohibited from selling the listed dangerous instruments - EXEMPTIONS: sale, gift loan or delivery by a parent or adult who is an immediate family member of the minor
42
PROHIBITING AGGRESSIVE SOLICITATION
- causing person to fear imminent bodily harm or commission of a criminal act - causing person to be intimidated - using violent or threatening gestures or profane, offensive or abusive language - blacking or interfering with the safe or free passage of the person being solicited closely following
43
PROHIBITION AGAINST SALVIA DIVINORUM
- no person shall sell, offer or possess salvia divinorum
44
LASER POINTER OPEN RESPONSE
- prohibited sales to minors 18 years or younger - no student shall possess a laser pointer on school premises - unless for valid instructional, school-related or employment purpose under the supervision of a school staff person - or for a valid employment purpose under the supervision of the employer or agent - no person shall focus, point or shine a laser beam directly or indirectly on another person in public or MV
45
RUMMAGING
no person shall rummage in or through rubbish or interfere with any bundle of rubbish
46
PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS OPEN RESPONSE
- no person shall carry on person or under his control in a vehicle - 18 or under - under 2 inches - over 18 can not exceed over 2 1⁄2 - any blade in excess of 21⁄2 inches, ice picks, dirks or similar weapons >>except —--when engaged in hunting or fishing, trade or culinary activity —-- in going directly to and/or returning directly from such activities —-- transporting directly to or from a place of purchase, sharpening, or repair and if packages properly —- Packaged properly applies to going to/from activity not just to/from purchase/repair - Machete = 18 inches in length, blade at least 11⁄2 inches wide >Except carrying/transporting for purpose of cutting vegetation > Does not apply to person engaged in sale, purchase or repair ~~ Knife ordinance violations = seize knife; cite person
47
SALE AND USE OF SYNTHETIC CANNABINOIDS
Spice or K2 - no person shall possess, provide, sell, barter, produce, manufacture, distribute or to offer, display, market or advertise for sale
48
PROHIBITING TARGETED RESIDENTIAL PICKETING
targeted residential picketing between 9:00pm and 9:00am
49
AFTER HOURS PARTIES OPEN RESPONSE
residental dwelling after 11:00PM Money is collected Alcohol is served
50
AFTER HOURS PARTIES OPEN RESPONSE
- no person shall act as a bartender - no person shall collect money - no person shall act as a DJ (equipment may be confiscated and retrieved upon full payment - $20 per day for holding/stored) - no person shall purchase or procure alcohol - $300 for each violation ~ $300 for host - warning to landlord for first incident ~ $300 for landlord for 2nd violation and each and every violation thereafter
51
SALE AND/OR POSSESSION OF CRACK PIPE
no person shall sell or display for sale a crack pipe - no person shall possess a device used to smoke
52
DANGEROUS OR VICIOUS DOG Bitten/Attacked any person
On an owner’s property, the dangerous dog must... i. Be secured indoors ii. In a securely enclosed or locked pen/structure
53
DANGEROUS OR VICIOUS DOG The owner shall...
i. Display signs on their property ii. Signs must be visible 20 feet away iii. Signs must have a symbol, visual representation
54
DANGEROUS OR VICIOUS DOG If taking out...
Muzzled Leash not exceeding 3 feet in length Controlled by an adult
55
DOG FOULING
Must dispose of your dog’s feces HOWEVER Does not apply to... —- Handicapped person —- Over 65 years old
56
GRAFFITI REMOVAL
- shall remove within 30 days - Exemptions >> participate in the Graffiti Busters Program >> if owner does not have the financial ability to remove the graffiti
57
REMOVAL OF SNOW/ICE
- Snow cannot remain for more than 3 hours between sunrise and sunset - must make the ice level and cover it with sand, sawdust, or other appropriate material that will prevent slipping
58
PARKING IN MARKED BIKE LANE
Prohibited unless – to avoid conflict with other traffic and pedestrians – in compliance with the lawful direction of a Police Officer or officer traffic sign – Unless authorized to do so under existing regulations
59
TAXI CAB
taxi top lights - licensed as a hackney carriage - driver must be licensed a hackney driver by the commissioner
60
TAXI CAB OUTSIDE OF CITY ONLY ALLOWED TO:
- Drive through said city - pick up passengers if called by phone - pick up passengers if dispatched
61
BOSTON TRUST ACT
- Prohibits Boston Police Officers from assisting federal agencies with civil immigration enforcement - A BPD shall not >Detain an individual solely on the basis of a civil immigration detainer request >Make arrest based solely on ICE administrative warrants

Boston Police - Nguyen & Ali (28 decks)

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