Municipal Law W5 Flashcards
Where do our powers come from?
Massachusetts Constitution
Massasachusetts General Laws
MGL 40 s 21
Enabling Statue
Protection of the public interest
The welfare of the general public
Maintenance of peace and good order
Health
Safety
Morals
MGL 43B
Home Rule
allows cities or towns to make or revise local laws as long as they are no inconsistent with the MA Constiution or MGL.
Many MGL’s are duplicated in city ordinances,
you should use the ordinances because…
a. Takes Precedence
b. Easier to Prove
What is an Ordinance?
local laws and therefore statutory offenses take precedence
True or False
Can not arrest a juvenile for violating a municipal ordinance,
True, you can only give civil citation
What MGL gives us our right of arrest?
MGL 272 S 59 gives our ROA for an ordinance violation
PICS
i. Prudence
ii. Intelligence
iii. Common Sense
When can you arrest?
In presence (or collective knowledge), can not arrest if not in presence
Ordinance violations are felony or misdemeanor?
Misdemeanors
Willful violation to arrest
i. 1st time: Notify acts in violation (oral or written/FIOE/1.1)
ii. 2nd time: Continue to violate the ordinance, arrest can be made
Ordinance 7-4.14
SMOKING PROHIBITED IN PARKS
Can not smoke (or vape) in a public park or public place
Ordinance 9-9.13
REGULATING ACCESS TO ROOF AREAS OF BUILDINGS WITH
RESIDENTIAL UNITS
no person may occupy a roof deck that has not been issued a permit by ISD
only applies if 3 or more residential units
Ordinance 11-6.9
PERMITS FOR STREET WORK
Time
Place
Size and use of such opening
Ordinance 16-1.9 RESTRAINING DOGS
Leash law
Leash not exceeding ten feet in length
Ordinance 16-1.9B
DANGEROUS OR VICIOUS DOG
has bitten or attacked any person
attempted to bite or attack any person
Known propensity, tendency, or disposition to attack, cause injury, or
threaten the safety of domestic animals
only the presence of the leash, fence or other means of restrain is preventing the dog from attacking
Ordinance 16-1.9B
On an owner’s property, the dangerous dog must…
Securely confined indoors
Securely enlosed and locked pen
Ordinance 16-1.9B
The owner or keeper shall
- Display a sign/signs facing out from all sides
- Visibile signs within 20 ft
- Symbol warning children who cannot read
Ordinance 16-1.9B
If taking out
muzzled
restrained by an approved lead
not exceeding 3 ft in length
control of an adult, able bodied person
Ordinance 16-1.10A DOG FOULING
Dispose of any feces
Handicapped person
exemptions Handicapped person or person over 65 years old
