Municipal Law Exam Six Flashcards
Are juveniles ever charged criminally with a ordinance violation?
NO (Regardless of whether it is a straight offense in presence; or criminal complaint) NEVER
Determining factors to arrest for ordinances (PICS)
Prudence
Intelligence
Common Sense
Vicious Dog Definition
- Any dog that has bitten or attacked any person
- Any dog that has attempted to bite or attack any person
- Any dog with a known, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of domestic animals
What is the right of arrest for city ordinances?
Misdemeanor; In presence of the Officer
Five conditions for permits of street work
- Restoration of Pavement
- Proper lighting
- Safe and convenient travel
- Provide sanitary accommodations for employees
- Accessible path of travel for people with disabilities (ADA compliant)
Roof deck permit requirement
Permit only applies to buildings that have three (3) or more residential units
Hawkers & Peddlers (16-2)
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
Crying of Wares (16-2.2)
No person shall
- Cry his/her wares
To the disturbance of the peace
In the neighborhood of,
- Schoolhouses, or
- Places for divine worship
Replica Firearms (16-5B)
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
Enforcement & Penalties for Replica Firearm
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
Littering (16-12.8)
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
Drinking Alcohol in Public (16-12.28)
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
Pedicabs (16-12.39)
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
What takes presedence, statute or ordinance?
Statute takes presedence
- easier to prove
Willful Violation
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
