Municipal law

Question 1

Right of Arrest
Ch 272 S59 Needs to be (“PICS”)…

Answer 1

i. Prudence
ii. Intelligence
iii. Common Sense

Question 2

Ordinance violations are always a

Answer 2

Misdemeanor, in presence and a willful violation of the ordinance

Question 3

Police authority derived from two sources…

Answer 3

a. MA Constitution
b. MA General Law
- Enabling statute (c.40 21)
- Home rule (c.43b)

Question 4

Many state laws and local ordinances are duplicated, you should use the state laws because…

Answer 4

a. Takes Precedence
b. Easier to Prove

Question 5

Can you arrest a juvenile for violating a municipal ordinance?

Answer 5

NEVER

Can’t bring them to court at all, can only cite ($) them

Question 6

Ordinance 7-4.14 SMOKING PROHIBITED IN PARKS

Answer 6

Can not smoke (or vape) in a public park or public place

Question 7

Ordinance 9-9.13

REGULATING ACCESS TO ROOF AREAS OF BUILDINGS WITH RESIDENTIAL UNITS

(3 elements)

Answer 7

i. 3 or more residential units (TRIPLE DECKAHHH)
ii. If no permit, must have a lock or alarm
iii. Officer shall order the roof vacated and contact ISD

Question 8

Ordinance 11-6.9

PERMITS FOR STREET WORK

(Think what is NEEDED for a detail)

Answer 8

The Commissioner of DPW issues the permit and…
i. Restoration of pavement
ii. Lighting sufficient
iii. Detail Inspector
iv. May close the street down
v. Shall require BPD to…
1. protect safety of public
2. and free flow of traffic
vi. Comply w/ ADA

Question 9

Ordinance 16-1.9 RESTRAINING DOGS

Answer 9

Leash not exceeding ten feet in length

Question 10

Ordinance 16-1.9B DANGEROUS OR VICIOUS DOG

Answer 10

Any dog that has…
i. Bitten/Attacked any person
ii. Attempted to bite/attack any person
iii. Known tendency to attack or threaten the safety of domestic animals

Question 11

In an owner’s property, the dangerous dog must be…

Answer 11

i. Be secured indoors
ii. In a securely enclosed or locked pen/structure (5x10 bottom imbedded)

Question 12

Dangerous Dog: The owner shall…

(think of posting)

Answer 12

i. Display signs on their property
ii. Signs must be visible 20 feet away
iii. Signs must have a symbol, visual representation

Question 13

Dangerous Dog: If taking out…

Answer 13

i. Muzzled
ii. Leash not exceeding 3 feet in length
iii. Controlled by an adult

Question 14

Ordinance 16-1.10A DOG FOULING

Answer 14

a. Must dispose of your dog’s feces
b. Does not apply to…
i. Handicapped person
ii. Over 65 years old

Question 15

What is municipal law?

Answer 15

State legislature (MGL)
Local municipalities

Question 16

Local municipalities

Answer 16

Cannot create laws or ordinance that affect legislation however may create law for their particular needs

Question 17

Municipal law enforcement

Answer 17

Arrest
Summons
Warning
Fines

Question 18

____% will NOT result in an arrest

Answer 18

99

Question 19

Enabling statue (6)

Answer 19

Protect public interest
Welfare of the general public
Maintain peace and good order
Health
Safety
Morals

Question 20

Home rules (43B)

Answer 20

Revise local laws

Can further restrict certain activities, but cannot undo or go against the state law that currently exists

Question 21

Alcohol ordinance

Answer 21

If violator demonstrates, they have knowledge of the law, then no warning – arrest

Question 22

Whoever remains in a street or elsewhere and willful violation of an ordinance….

Answer 22

Must warn violator first. If violation continues, arrest

Question 23

Profane/obscene language, or accosting behavior

Answer 23

Arrest.

May utilize statue “disturbing the peace” or “disorderly conduct”

Question 24

Prosecution: if no arrest

Answer 24

1. Seek complaint in District Court
2. Hearing date set and summons issued
3. Formal complaint will be issued or denied
   - denied = finished
   – Issued = arrangement and trial
   - Sentencing = if found guilty

Question 25

Criminal violation (options)

Answer 25

1. Arrest if certain criteria are met
2. Complaint/summons if violation occurs, but does not lead to arrest

Question 26

Civil violation (options)

Answer 26

Violator will be issued a citation (ticket)

21D ticket (enabling statue)

Question 27

Marijuana violations

Answer 27

Can only apply 21D to issue citations

Question 28

Police officers assigned to polling locations…

(think what are their responsibilities)

Answer 28

Inspect the voting machine to ensure no votes have been cast

Verify the counter is working

Place a mark with everyone who votes

Report any machine malfunction to the station house as well as the election commission and document it in 1.1 or FIO