Municipal Law Flashcards
All local laws, ordinances, by laws, and rules/regulations are:
Misdemeanors
Ordinances vs Statutory Laws
MGLs are often duplicated by ordinances ; if possible charge with the MGL because they take precedence and are easier to prove
Violations
Must be in presence or from another police officer (collective knowledge)
MGL 272 s 59
Provides police with right of arrest for violations of city ordinances
Right of Arrest must be excersied with:
- Prudence
- Intelligence
- Common Sense
Willful Violations
- 1st give warning notice of violation; oral (1.1/FIO as proof) or written citation (money/warning)
- If person continues to violate in your presence, you may arrest
Juvenile Enforcement Actions
- Can NOT arrest or apply for criminal complaint
- Can issue civil citation (money fine)
Enforcement Actions
- Arrest
- Summons
- Warning
- Fines
Mandatory to dispose of dog waste unless:
- Handicapped person
- Over 65
Dog owners may permit dangerous dog off owners property if:
- Muzzled
- Approved lead not exceeding 3 feet
- Under control of able bodied person
Dangerous dog on property
- Securely confined indoors
- Securely confined in an enclosed and locked pen outside
Owners shall: - Display signs facing out from all sides
- Ensure sign can be read from public way or within 20 feet
- Symbol warning children who can’t read
Restraining Dogs
Leash not exceeding 10 feet in length
Dangerous Dog
- Has bitten or attacked any person
- Has attempted to bite or attack any person
- Known tendency to attack, cause injury, or threaten safety of domestic animals
Roof Decks
No person shall occupy a roof deck from COB without an issued permit by ISD when:
- Triple decker
If no permit:
- must have lock or alarm
With neither officers shall
- Order the roof vacated and contact ISD
After Hour Parties
- Residential dwelling
- After 11 pm
- Money collected
- Alcohol served