Municipal Law Flashcards
What is Municipal Law?
Laws made by cities to meet the needs of its citizens and improve the quality of life
(Quality of life laws)
What does State Legislature make?
MGL (Mass General Laws)
Can Municipal Laws effect MGL?
No, Local municipalities cannot create laws or ordinances that affect general legislature
Only can create Laws that better serve the people
What is Chapter 279 Section 59?
Provides Officers the Right to arrest
Under PICS
1. Prudence
2. Intelligence
3. Common Sense
What is the percentage of Municipal Law violations that do not result in an arrest?
99%
All Municipal Laws are MISDEMEANORS!
What is a Willful Violation, and when will you arrest?
To place a Person under arrest for a Municipal Violation
the Offender must REMAIN in WILLFUL VIOLATION
1. After Being Informed
2. Continues to violation (blows a puff after being warned)
3. An Arrest can be made
What Enforcement can you make from municipal Violations?
- Arrest
- Complaint/ Summons
- Citation (21D TICKET)
What must you give a person before arresting or citing them for a municipal Violation?
a WARNING
How do you determine whether an individual has knowledge of violating a Municipal Law, and can arrest?
- If the Officer INFORMS an individual that they are in VIOLATION
- Have Knowledge of an Alcohol related Ordinance, means you can arrest without warning (EX Alcohol in a paper bag)
- Person is in VIOLATION and using accosting behavior and or profane or obscene language
Where does Police Power come from?
- Massachusetts Constitution- Article 2, Section 1, Article 89 (right to self Government
- MGL
- Enabling Stature (MGL CH 40 S 21)
- Home Rule (MGL CH 43B)
What is MGL CH 40 S 21
The Enabling Stature
Grants cities and towns the power to make an enforce local laws in areas
MGL CH 40 S 21, what is the reason cities enact ordinances?
The Enabling Stature
1. Protection of the Public Interest
2. The Welfare of the General Public
3. Maintenance of peace and good order
4. Health
5. Safety
6 Morals
What is MGL 43B?
Home Rule
Allows cities and towns to adopt, amend, repeal and or revise LOCAL LAWS
What is the purpose of Local Laws?
To further Restrict certain activites, but the enactment of an ordinance we cannot undo, or go against a state law that currently exist
What is Compelling Government Interest
- Health
- Safety
- Morals
- Welfare of its citizens
What are Ordinances?
Local Laws and therefore STATUTORY OFFENSES take PRCEDENCE
What is MGL 272 S 59?
Provides an Officer with the Right of arrest for any violation of a city ordinance
For Prosecution of a Municipal Law, which DOES NOT result in an arrest, what MUST occur?
- Complaint
- Hearing
- Issued
- Denied
- Sentencing (if issued)
Can Officers arrest or apply a criminal complaint against juveniles who violate a municipal law?
NO,
the typical powers are
1. Arrest
2. Summons
IF Criminal
However in the case of a juvenile you must
3. 40 S21D (Civil Citation)
If you feel MGL would be better use than a municipal violation, can you use that violation instead?
YES, MGL takes precedent.
What is an Open container of marijuana?
A straight Joint, broken Seal
Can issue a 40 S 21D (civil citation)
500 Dollar Fine
What is the Duties of an Officer assigned to a Poll Station, Ordinance 2-6?
- INSPECT (Ensure no votes have been casted upon being set)
- VERIFY (number provided by voting machine)
- MARK (Peoples names of each voter that votes)
- REPORT- to Election Commission and Station House
What is a Roof Deck Permit?
No Person Shall Occupy a roof deck unless issued a permit to which the house/ building has
3 OR MORE RESIDENTIAL UNITS
Does not apply to 2 residential units and 1 store on the bottom, must be 3 or more!!!
What is Ordinance 11- 6.9? And what shall it specify?
Paid Details, construction company to occupy a street (street permits)
1. The Time
2. The Place
3. The size and use of such opening, occupation or obstruction
