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Level 2 > Municipal Law* > Flashcards

Municipal Law* Flashcards

1
Q

Boston Ordinances are what kind of offenses?

A

Misdemeanor offense in the officer’s presence

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2
Q

Local municipalities cannot _______ laws or ordinances that affect _______ ______

A

Enact
General legislation

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3
Q

Enabling Statue - MGL c40 s21

A

Grants to the city and towns the power to make and enforce laws in certain areas

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4
Q

The Enabling Statute: Reasons for which a city can enact ordinances are?
(6)

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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5
Q

Any officer’s right of arrest must be exercised with ________, _________, and _________.

A

Prudence, Intelligence, and Common Sense

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6
Q

Local governments receive the authority to exercise police powers from 2 sources:

A
  1. Massachusetts Constitution
  2. Massachusetts General Laws
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7
Q

True or False: When MA General Laws and city ordinances are duplicated, officers should utilize the MA General Laws because they take precedence over the city ordinance and are easier to prove.

A

True

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8
Q

Home Rule

A

Revise local laws

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

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9
Q

Ordinances

A

local laws where statutory offenses take precedence

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10
Q

___% of all violations of city ordinances will not result in an arrest.

A

99%

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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
-Complain is either issued or denied
-If denied; the matter is finished
-if issued; Arraignment, Trial, and Sentencing (if found guilty)

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12
Q

Can officers arrest juveniles who violate municipal laws?

A

NO
-Officers cannot arrest or apply for a criminal complaint for juveniles
-Can only pursue civil violations for juveniles (21D)

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13
Q

Police Officers duties at Polling Places

A

-INSPECT voting machines prior to the opening of polls
-VERIFY the “protective counter” setting on the machine
-MARK each voter’s name who casts a ballot
-REPORT machine malfunctions, irregularities, or disturbances to the station house and Election Committee

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14
Q

Roof Deck Permits

A

TRIPLE DECKAH
-only applies if 3 or more residential units; owner would need to obtain a permit from the Inspectional Services Department

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15
Q

Permits for Street Work shall specify:

A

-Time
-Place
-Size and use of such opening

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16
Q

Permits for Street Work will be granted if the following conditions are made:

A

-Restoration of the paving
-Proper lighting
-Safe and convenient travel
-Sanitary accommodations for employees
-A BPD officer on special duty

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17
Q

Leash Laws: In any street or public, space a dog must be on a chain or less not exceeding…

A

10 ft in length

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18
Q

A Dangerous or vicious dog shall mean:

A
  1. has bitten or attacked any person
  2. attempted to bite or attack any person
  3. a known tendency to attack or threaten the safety of domestic animals
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19
Q

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

A
  1. Securely confined indoors
  2. In a securely enclosed and locked pen
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20
Q

The owner or keeper of a dangerous dog shall display:

A
  1. A sign/signs facing out from all sides
  2. The sign must be visible within 20 ft
  3. Display a sign within a symbol warning children who cannot read
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21
Q

While OFF premise, a dangerous or vicious dog must be…

A
  1. Muzzled
  2. Restrained by an approved lead not to exceed 3 ft
  3. under the control of an adult, able-bodied person
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22
Q

True or False: An animal may be forever banned from the City of Boston if they are found on property not owned or controlled by its owner/keeper, or not restrained in a secure area on two separate occasions within a twelve-month period.

A

True

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23
Q

Dog fouling - Duty to Dispose

A

Dog owners have a duty to dispose of any feces and carry poop bags with them

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24
Q

What are the exceptions for the duty to dispose of dog fouling?

A

The regulation shall not apply to:
-A handicapped person
-Individual over 65 years old

25
Q

Hawkers and Peddlers
No person shall hawk or peddle any fruits or vegetables until he…

A

-Has been assigned a number by the Division of Health Inspections
-Has recorded his name and residence with the Inspector
-A recent photograph presented to the Division of Health to be attached to his license

*If a person hawks or peddles items that are sold by weight or measure, they must have a certificate from the Sealer of Weights and Measures

26
Q

Hawkers and Peddlers
A person selling fruits and vegetables must be…

A
  1. engaged in the pursuit of agriculture
  2. such articles are the product of the vendor’s labor or labor or labor of his family

~licenses to haw and peddle fruits and vegetables can be granted to a person 16 years of age or over; for the term of one year from the date of issue

27
Q

Crying of Wares
No person shall cry his wares…

A
  1. To the disturbance of the peace
  2. In schoolhouses or places for divine worship
28
Q

“Silly String”

A

No person shall sell or discharge silly string

29
Q

Replica Firearms
No person shall sell, offer to sell, possess, use, display or give away any replica firearm unless…

A
  1. Entire exterior surface is colored white or some bright color
  2. Transparent or translucent materials
  3. Barrel has a blasé orange plug, permanently affixed
  4. Name of the manufacturer is stamped
  5. Does not have a laser pointer attached
30
Q

Regulating Replica Firearms
What are the ages and enforcements if a person is found with a replica firearm?

A

-Under 18 years old: Confiscate and notify parents/guardians that they may pick up the replica firearm at the district station after 24 hours.

-18 years old and older: Confiscate and inform them that they can pick up the replica firearm after 24 hours.

~a second or subsequent offense is subject to a $50 fine.

31
Q

Sale of Spray Paint

A

-Can’t sell to anyone under 18 years old
-Only a parent/guardian can give permission for lawful use if they are 18 years and under

32
Q

Graffiti Removal

A

All building owners shall remove graffiti within 30 days.
Exceptions:
-participation in the Graffiti Busters Program
or
-If the Graffiti Busters program is no longer in operation and the owner lacks the financial ability to remove the graffiti

33
Q

Display of Permits

A

all licenses and permits posted must be clearly visible at all times

34
Q

Littering

A

No person shall litter in a public place, on a vehicle, or on foot
-If you are a driver of a vehicle, you can be fined for your passenger littering

35
Q

Throwing Snowballs

A

PROHIBITED

36
Q

Removal of Snow

A

-Must be done 3 hours between sunrise and sunset
-or after snowfall has ended

37
Q

Removal of Ice

A

-Ice must be leveled and covered with sand, sawdust or other appropriate materials that will prevent slipping

38
Q

Unlawful Games

A

Cannot play a game of hazard or chance (no gambling or dice)

39
Q

Drinking Ordinance:
Drinking of Alcoholic Beverages in Public

A

No Person Shall:
drink any alcoholic beverages, possess an open container while on or in a public way
or on private land w/out the consent of the owner

40
Q

Parental Responsibility for the Public Consumption of Alcoholic Beverages by Minors

A

A parent/guardian is liable for any willful act of the child

41
Q

Prohibiting Skateboarding on Certain Public Property

A

-Can’t skateboard on stairs, fountain areas, or any area under the care of the city
-Can’t ride on the street or sidewalks on certain parts of the city

42
Q

Pedi Cabs

A

Need:
1. Hackney License for the operator
2. Hackney License for the vehicle
3. Valid Driver’s License for the operator
4. Approved routes and times
5. Inspected by the Hackney Carriage Unit

43
Q

Parking in Bike Lanes

A

-Cannot stand or park any MV in a marked bike lane in the City of Boston
-Exceptions:
1. To avoid conflict with other traffic or pedestrians
2. With the lawful direction of police officer or official traffic sign
3. Authorized to do so under existing regulations

44
Q

Vehicles for Hire

A

Need:
-Hackney license for the operator
-Hackney license for the vehicle
-Taxi top lights

45
Q

Exceptions for Vehicles for Hire to drive through the city

A

-Can drive through the city to get to another town’s destination
-requested by telephone/an app
-requested by radio dispatch

46
Q

Unreasonable Noise

A

-Noise measured in excess of 50 dba between the hours of 11:00 pm - 7:00 am or in excess of 70 dba at all other hours (daytime)
-any noise plainly audible at a distance of 300 ft
-in the case of loud amplification devices or similar equipment- 100ft.

47
Q

Unreasonable Noise of Automobile (Car alarm)

A

Can’t install a car alarm device that does not automatically terminate within 5 minutes.

48
Q

Regulation of Constructions

A

Can only be performed between 7:00 am - 6:00 pm on weekdays
or
except in the interest of public safety and welfare (must have a permit stating the time of construction)

49
Q

Prohibition of Loud Amplification Devices

A

-Can’t have it anywhere, not in vehicles, public areas, or residential places
-Violation of this can allow for police officers to seize the loud amplification devices
-If there is an arrest, police officers shall give a receipt indicating: where the device was seized, when the device was seized, what reason the device was seized for, and for what purpose said device is being held for.
-Devices can’t be released until all judicial proceedings have been completed unless there is written permission from the registered owner to remove the device from the vehicle.

50
Q

Abandonment of Automobiles

A

-Cannot abandon automobile or parts on public or private land
-No more than 1 unregistered/uninsured automobile upon a public/private land of 6 or fewer residential units (more than 1, 6 or fewer)
-First violation, given a warning and must remove the vehicle within 10 business days
-Fee after the first warning: $300

51
Q

Non-Emergency Repair of Vehicles

A

Cannot use any fluid other than water

52
Q

Sale of Dangerous Instruments

A

Cannot sell or deliver to any person under 18 years old:
1. A knife having a blade of 2 inches or more
2. An icepick
3. Straight edge razor or razor blade

Exception:
-The sale, gift, or loan of any instruments by an immediate family member

53
Q

Laser Pointers

A

PROHIBITED
-Cannot aim or point it at a moving vehicle

Exceptions:
-on a school premise for valid instructional, school related, or employment purposes under the supervision of a school staff person or employer

54
Q

Prohibiting the Carrying of Knives or Similar Weapons

A
  1. Any knife or blade in excess of 2 1/2 inches or more
  2. ice picks
  3. dirks or similar weapons that are likely to penetrate a police officer’s vest
55
Q

Distribution Exceptions for Knives

A

-If involved in the sale, purchase or repair
-transportation to or from such entities or establishments like hunting, fishing, and culinary work
-must be properly packaged

56
Q

After Hours Party

A

Defined as…
1. Unpermitted or unlicensed gathering
2. At a residential dwelling
3. After 11:00 pm
4. money is collected
5. Alcohol is served

Fees:

57
Q

Unlicensed Picketing

A

Unlawful between 9:00pm-9:00am

58
Q

Boston Trust Act

A

Cannot arrest anyone solely based on their immigration status

Level 2 (9 decks)

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