Municipal Law Finals Flashcards
What does Ch 272 S59 provide regarding ordinance violations?
It gives the ROA for an ordinance violation.
Includes conditions for arrest and the need for prudence, intelligence, and common sense.
What is required for an arrest on an ordinance violation?
A willful violation is needed to arrest.
1st time: Notify acts in violation; 2nd time: Continue to violate, arrest can be made.
Are ordinance violations always considered misdemeanors?
Yes, ordinance violations are always a misdemeanor.
Can juveniles be arrested for violating a municipal ordinance?
No, juveniles cannot be arrested for violating a municipal ordinance; they can only be cited.
What is Ordinance 7-4.14 about?
It prohibits smoking (or vaping) in public parks or public places.
What are the requirements of Ordinance 9-9.13 regarding roof access?
You cannot be on a roof deck of a residential unit without a permit from IDS.
Requires 3 residential units, a lock or alarm if no permit, and an officer must vacate the roof.
What does Ordinance 11-6.9 require for street work permits?
The Commissioner of DPW issues the permit and ensures restoration of pavement, sufficient lighting, and may close the street.
Requires BPD to protect public safety and comply with ADA.
What does Ordinance 16-1.9 state about dog leashes?
Dogs must be on a leash not exceeding 10 feet in length.
What defines a dangerous or vicious dog under Ordinance 16-1.9B?
Any dog that has bitten, attempted to bite, or has a known propensity to attack.
Must be secured indoors or in a locked pen, and the owner must display visible signs.
What is required for dog fouling under Ordinance 16-1.10A?
Owners must dispose of their dog’s feces.
Exemptions apply to handicapped persons and those over 65 years old.
What is required to hawk or peddle fruits/vegetables?
You must obtain a license unless engaged in agriculture or the products are from your own labor.
What is the enforcement procedure for replica firearms under 18?
Confiscate and notify parents; they can pick up the firearm after 24 hours.
Cannot arrest a juvenile.
What are the penalties for defacement of property regarding paint or markers?
No one under 18 may carry or use non-water-soluble paint or markers with a point over half an inch.
What is the owner’s responsibility for graffiti removal?
Graffiti must be removed within 30 days or the owner may be exempt if Graffiti Busters is unavailable.
What are the rules for snow and ice removal?
Snow cannot remain for more than 3 hours; ice must be leveled and covered to prevent slipping.
What is prohibited regarding games of chance?
No person shall expose any table or device to play unlawful games in any street.
What are the rules regarding drinking alcoholic beverages in public?
No person shall drink or possess an open container in public without consent.
Can arrest if they know they are in the wrong.
What is prohibited regarding skateboards and similar devices?
No person shall ride a skateboard, roller blades, or stunt bicycles on public property, excluding streets or sidewalks.
What two things does a Pedicab operator need?
A Hackney License and a Valid Driver’s License.
What are the rules for parking in marked bike lanes?
No driver shall park in a marked bike lane except under certain conditions.
What is the rule regarding gypsy cab drivers?
They can be arrested without a warning if not authorized by Hackney.
What can taxicabs licensed outside Boston do?
They can drive through the city, pick up passengers called by phone, or dispatched.
What defines unreasonable noise?
Any noise plainly audible at a distance of 300 feet, or 100 feet if amplified.
What are the penalties for unreasonable noise-making automobile safety devices?
Car alarms audible at 200 feet that do not terminate within 5 minutes are unlawful.
Penalties escalate with repeated violations.
What is the regulation for construction hours?
Construction is prohibited except between 7:00am and 6:00pm on weekdays.
What is the rule regarding abandonment of automobiles?
No more than 1 unregistered/uninsured vehicle can be kept on residential land of 6 or fewer units.
Penalties include warnings and fines for subsequent violations.
What is prohibited regarding non-emergency vehicle repairs?
No person shall repair or service vehicles in public areas, except for minor repairs.
What is prohibited regarding the sale of dangerous instruments to minors?
No person shall sell or give knives, ice picks, or razors to anyone under 18, with exceptions for family.
What are the rules for carrying weapons?
No person shall carry knives with blades over 2.5 inches unless for specific activities or properly packaged.
What are the elements of an after-hours party?
Must be a residential dwelling, after 11pm, money collected, and alcohol served.
Hosts and workers can be fined for infractions.
What is the policy on aggressive solicitation?
We do not enforce aggressive solicitation.
What does the Boston TRUST Act state?
We do not act as agents of ICE and will not detain individuals based on immigration status.
