Municipal Law Exam Six

Question 1

Are juveniles ever charged criminally with a ordinance violation?

Answer 1

NO (Regardless of whether it is a straight offense in presence; or criminal complaint) NEVER

Question 2

Determining factors to arrest for ordinances (PICS)

Answer 2

Prudence
Intelligence
Common Sense

Question 3

Vicious Dog Definition

Answer 3

1. Any dog that has bitten or attacked any person
2. Any dog that has attempted to bite or attack any person
3. Any dog with a known, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of domestic animals

Question 4

What is the right of arrest for city ordinances?

Answer 4

Misdemeanor; In presence of the Officer

Question 5

Five conditions for permits of street work

Answer 5

1. Restoration of Pavement
2. Proper lighting
3. Safe and convenient travel
4. Provide sanitary accommodations for employees
5. Accessible path of travel for people with disabilities (ADA compliant)

Question 6

Roof deck permit requirement

Answer 6

Permit only applies to buildings that have three (3) or more residential units

Question 7

Hawkers & Peddlers (16-2)

Answer 7

Division of Health Inspectors
- Assigned him/her a number
- His name and residence recorded with inspector
- A recent photograph attached to license
If sold by weights and measures
- Certificate from the Sealer of Weights and Measures
- Fruits and Vegetables
- MUST BE LICENSED OR
- Engaged in the pursuit of agriculture
- Articles are product of the vendor’s labor or labor of his family

Question 8

Crying of Wares (16-2.2)

Answer 8

No person shall
- Cry his/her wares
To the disturbance of the peace
In the neighborhood of,
- Schoolhouses, or
- Places for divine worship

Question 9

Replica Firearms (16-5B)

Answer 9

Prohibited if it can
- Reasonably be perceived to be considered a real firearm
No person shall sell unless:
- The entire exterior surface is;
- Colored white or some bright color
OR
- Entirely transparent or translucent materials
Must have:
- Blase orange plug, permanently affixed
- Name of manufacturer
- Does not have a laser pointer attached

Question 10

Enforcement & Penalties for Replica Firearm

Answer 10

Persons under 18
- Confiscate from individual and notify parent/guardian (P/G may pick it up after 24 hours)
Persons 18 and older
- Confiscate and inform (May pick up after 24 hours)

Second or subsequent offense
- Forfeiture of firearm

Question 11

Littering (16-12.8)

Answer 11

No person may litter:
- Upon vehicle or on foot, and
- Deposit, drop or throw, and suffer to remain there
Driver of vehicle
- shall not permit to drop or fall from such vehicle

Question 12

Drinking Alcohol in Public (16-12.28)

Answer 12

No person shall
- Drink any alcoholic beverage
- Possess an open container
- In any public area
Warning notice pertaining to open container of alcohol:
If individual demonstrates:
- Prior knowledge of the law
- You may make an arrest
- Without first giving a warning notice

Question 13

Pedicabs (16-12.39)

Answer 13

Unlawful Operation
- Without license for the vehicle from the BPD Hackney Division
- May need additional license from the Parks Commission
- Need a valid drivers license
- Routes and times of operation to be approved
- Pedicab approved by Police Commissioner
- Inspected/Approved by Hackney Carriage Unit

Question 14

What takes presedence, statute or ordinance?

Answer 14

Statute takes presedence
- easier to prove

Question 15

Willful Violation

Answer 15

Individual must first be notified that the act he/she is committing violates a city ordinance

If the individual;

• After being informed (by the officer),
• Continues to violate in the officer’s presence
• Arrest is allowed

Question 16

All city ordinances are______________________?

Answer 16

Misdemeanors

Question 17

Enabling Statute M.G.L Ch. 40 s. 21 (Acronym: PWPHSM)

Answer 17

Cities may enact for following reasons
- Protection of public interest
- The welfare of the general public
- Maintenance of the peace and good order
- Health
- Safety
- Morals

Question 18

What are the restrictions for local municipalities when it comes to making laws?

Answer 18

-Local municipalities CANNOT create laws or ordinances that affect general legislation

HOWEVER

They MAY create laws or ordinances that are consistent with their own welfare and particular needs.

Question 19

Who has law making powers in Massachusetts?

Answer 19

The State Legislature (Massachusetts General Laws)

Question 20

Does the State Legislature create local laws and city ordinances?

Answer 20

No, they delegate this power to local municipalities.