Municipal law Flashcards
Right of Arrest
Ch 272 S59 Needs to be (“PICS”)…
i. Prudence
ii. Intelligence
iii. Common Sense
Ordinance violations are always a
Misdemeanor, in presence and a willful violation of the ordinance
Police authority derived from two sources…
a. MA Constitution
b. MA General Law
- Enabling statute (c.40 21)
- Home rule (c.43b)
Many state laws and local ordinances are duplicated, you should use the state laws because…
a. Takes Precedence
b. Easier to Prove
Can you arrest a juvenile for violating a municipal ordinance?
NEVER
Can’t bring them to court at all, can only cite ($) them
Ordinance 7-4.14 SMOKING PROHIBITED IN PARKS
Can not smoke (or vape) in a public park or public place
Ordinance 9-9.13
REGULATING ACCESS TO ROOF AREAS OF BUILDINGS WITH RESIDENTIAL UNITS
(3 elements)
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
Ordinance 11-6.9
PERMITS FOR STREET WORK
(Think what is NEEDED for a detail)
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
Ordinance 16-1.9 RESTRAINING DOGS
Leash not exceeding ten feet in length
Ordinance 16-1.9B DANGEROUS OR VICIOUS DOG
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
In an owner’s property, the dangerous dog must be…
i. Be secured indoors
ii. In a securely enclosed or locked pen/structure (5x10 bottom imbedded)
Dangerous Dog: The owner shall…
(think of posting)
i. Display signs on their property
ii. Signs must be visible 20 feet away
iii. Signs must have a symbol, visual representation
Dangerous Dog: If taking out…
i. Muzzled
ii. Leash not exceeding 3 feet in length
iii. Controlled by an adult
Ordinance 16-1.10A DOG FOULING
a. Must dispose of your dog’s feces
b. Does not apply to…
i. Handicapped person
ii. Over 65 years old
What is municipal law?
State legislature (MGL)
Local municipalities
Local municipalities
Cannot create laws or ordinance that affect legislation however may create law for their particular needs
Municipal law enforcement
Arrest
Summons
Warning
Fines
____% will NOT result in an arrest
99
Enabling statue (6)
Protect public interest
Welfare of the general public
Maintain peace and good order
Health
Safety
Morals
Home rules (43B)
Revise local laws
Can further restrict certain activities, but cannot undo or go against the state law that currently exists
Alcohol ordinance
If violator demonstrates, they have knowledge of the law, then no warning – arrest
Whoever remains in a street or elsewhere and willful violation of an ordinance….
Must warn violator first. If violation continues, arrest
Profane/obscene language, or accosting behavior
Arrest.
May utilize statue “disturbing the peace” or “disorderly conduct”
Prosecution: if no arrest
- Seek complaint in District Court
- Hearing date set and summons issued
- Formal complaint will be issued or denied
- denied = finished
– Issued = arrangement and trial
- Sentencing = if found guilty
Criminal violation (options)
- Arrest if certain criteria are met
- Complaint/summons if violation occurs, but does not lead to arrest
Civil violation (options)
Violator will be issued a citation (ticket)
21D ticket (enabling statue)
Marijuana violations
Can only apply 21D to issue citations
Police officers assigned to polling locations…
(think what are their responsibilities)
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
