Municipal Law Exam 5 Flashcards
Ordinance violations are felony or misdemeanor?
Misdemeanors
If an officer ever finds a conflict between state law and a local ordinance, the _____ will ALWAYS take precedence.
State Law
In the condition of such arrest, the violation must be committed ______
in presence
M.G.L Ch. 272 S 59
provides officers with the right of arrest
Right of Arrest must be exercised with…
(PICS)
Prudence
Intelligence
Common Sense
Many MGLs are duplicated by City Ordinances – why should you use MGL over city ordinance?
MGL takes precedence and easier to prove
Willful Violation
1st notify violator of act of violation of city ordinance (warning notice)
a. Oral – (1.1 or F.I.O as proof)
b. Written Citation
i. Money
ii. Warning
IF CONTINUED THEN ARREST
Who has law-making powers in MA?
The State Legislature
Police authority is derived from two sources…
MA Constitution
M.G.L
a) Enabling Statutes (c.40 s 21)
b) Home Rule (c.43b)
To successfully prosecute any violation of an ordinance which does not result in arrest, the following must occur:
Complaint
Hearing Date
Complaint will then be issued or denied
If denied, the matter is finished
If issued, arrangement, trial
Sentencing if found guilty
The Enabling Statute
Some of the reasons for which a city can enact ordinances are: (6 reasons
-Protection of the public interest
-The welfare of the general public
-Maintenance of peace and good order
-Health
-Safety
-Morals
Police officers assigned to polling locations by law, shall:
Inspect
Verify
Mark
Report
Permits for street work shall specify:
Time
Place
The size and use of such opening, occupation, or obstruction
No person shall occupy a roof deck from the city of Boston unless issued a permit by ISD (Inspectional service department) when:
3 or more residential units (Triple Decker)
Dangerous or vicious dog shall mean
PERSON
PERSON
ANIMAL
Any dog that has bitten or attacked a person,
Any dog that has attempted to bite or attack any person,
Any dog with a known tendency of attacking or threatening domestic animals
While on an owner’s or keeper’s property, a dangerous or vicious dog must be
Securely confined indoors
In a securely enclosed and locked pen or structure.
Restraining Dogs
restrained by a chain or leash NOT exceeding ______ in length
10’ feet
Dangerous or Vicious Dog
The owner or keeper shall display a sign/signs on the premise facing out from ____ sides of the premise warning that there is dangerous of vicious dog on the property.
ALL
(not 3 sides, not 4 sides, not 5 sides, but ALL sides)
Dangerous or Vicious Dog
The owner or keeper shall ensure that the sign/signs are visible and capable of being read from a public way or within _____ of it’s placement.
20’ feet
Dangerous or Vicious Dog
The owner or keeper shall also display a sign with _______ for children who cannot read of the presence of a dangerous or vicious dog.
a symbol warning
Who is exempted from dog fouling?
-A dog accompanying any handicapped person
-Any individual over 65 years of age
(65 years old has to pick up shit)
(66 years old doesn’t have to pick up shit)
Permits for street work…
(what you need)
Restoration of pavement
Lighting sufficient
Sanitary accommodations
Safe and convenient travel
BPD officer on special duty
Dog Officer May Be Permitted Dangerous Dog Off Owner’s Premises if:
MUZZLED
Approved leash or chain NOT EXCEEDING 3 FT
Under control of ABLE-BODIED ADULT
Criminal Enforcement
Arrest
Complaint Application/ Summons
Civil Enforcement
Citation
