Municipal Law

Question 1

All local laws, ordinances, By-laws and rules/regulations are in the?

Answer 1

Misdemeanor Class

Question 2

Basic law-making powers of the commonwealth are vested in the Legislature

Answer 2

Delegates the power to enact local laws and ordinances to local municipalities (City Counsel)

Question 3

Local Government receives authority to exercise police powers from

Answer 3

a. Mass constitution
b. Enabling Statute MGL. 40 sec 21

Question 4

MGL c. 272 s. 59: Provides police with right of arrest for violation of city ordinance

Answer 4

Violation must be in presence or from another PO (Collective Knowledge)

Question 5

Right of Arrest must be exercised with (PIC)

Answer 5

a. Prudence
b. Intelligence
c. Commonsense

Question 6

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

Answer 6

MGL takes precedence and easier to prove

Question 7

Willful Violation: 1st notify violator of act of violation of city ordinance (warning notice)

Answer 7

a. Oral – (1.1 or F.I.O as proof)
b. Written Citation
i. Money
ii. Warning
c. If person continues to violate ordinance in your presence ARREST may be made

Question 8

Juvenile Violations (including marijuana): no longer able to arrest, or apply for criminal complaint, against juveniles who violate a municipal law

Answer 8

Juvenile Violations (including marijuana): 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)

Question 9

Smoking prohibited in parks

Answer 9

Smoking prohibited in parks - Can’t smoke in public parks. This includes E-cigarettes and medical marijuana. NO- inhaling, exhaling, burning any lighted cigar, cigarette, other lighted or vaporized substance.

Question 10

Regulating Access – Roof Decks

Answer 10

a. 3 or more residential units
b. If no permit, must have a LOCK or ALARM
c. No permit or Lock/Alarm, Officer shall order the roof vacated and contact ISD

Question 11

Permits for street work issued by Commissioner of Dept. of Public Works

Answer 11

a. AND
i. Restoration of pavement
ii. Lighting sufficient to protect travelers and maintain safety
iii. Detail inspector
iv. May close streets
v. Shall require to hire a Boston Police Officer to
1. Protect safety and welfare of public
2. Free flow of traffic
vi. Comply with Americans w/ Disabilities Act (ADA)

Question 12

Restraining Dogs

Answer 12

LEASH NOT EXCEEDING 10 FEET IN LENGTH

Question 13

Dangerous / Vicious dog – only animal control officer can deem dog this

Answer 13

a. Has bitten or attacked any person
b. Attempt to bite or attack any person
c. Known tendency or disposition to attack, cause injury, or threaten safety to domestic animals

Question 14

While on Owner’s Property, Dangerous/Vicious Dog Must be

Answer 14

a. Securely confined indoors
b. Securely enclosed in locked pen
i. Dimension 5’x10’ (if no bottom secured to the sides, must be imbedded in the ground no less than 2 ft.)
c. AND Owner shall:
i. Display signs facing out from all sides
ii. Ensure sign can be read from public way or within 20 feet
iii. Symbol warning children who cannot read of the presence of a dangerous dog

Question 15

Dog Officer May Permit Dog Off Owner’s Premises if

Answer 15

a. MUZZLED
b. Approved lead or chain NOT EXCEEDING 3 FT
c. Under control of ABLE-BODIED ADULT

Question 16

Mandatory to Dispose of Feces Exception

Answer 16

a. HANDICAPPED PERSON
b. PERSON OVER 65 YEARS OLD