municipal lvl 2 Flashcards
Who vests law-making powers?
State legislature
What authority does the state legislature delegate?
Power to enact local laws and ordinances to local municipalities
Can local municipalities enact laws that affect general legislation?
No, they cannot enact laws or ordinances that affect general legislation
What must be consistent with local laws enacted by municipalities?
Their own welfare and peculiar needs
What does CH 272 S 59 provide officers?
Right of arrest for any violation of a city ordinance, by-law, and/or rule or regulation
What does ‘willful violation’ imply?
A warning must be given and ignored by the violator before an arrest can be made
Under what condition can misdemeanors be arrestable?
Only in the presence of the officer
What must happen before an arrest for a willful violation of an ordinance?
The violator must be notified and given a warning
What documents provide formal authority to make and enforce laws?
- US Constitution
- MA Constitution
- General Court (State Legislature)
- MA general laws
- City Ordinances
What is the enabling statute for police powers in Massachusetts?
MGL C 40 S 21
What is one of the purposes of city ordinances?
Public interest
Can officers arrest juveniles for municipal law violations?
No, officers are no longer able to arrest juveniles for such violations
What must be proven to obtain a conviction for statutory offenses?
Elements of the ordinance have been violated
What is the outcome if a complaint is denied during prosecution?
The matter is finished
Are juveniles charged criminally with ordinance violations?
No, they are never charged criminally
What qualities should be exercised when making an arrest?
- Prudence
- Intelligence
- Common Sense
What defines a ‘vicious dog’?
- 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 to attack or threaten safety
What are the five conditions for permits of street work?
- Restoration of Pavement
- Proper lighting
- Safe and convenient travel for vehicles and pedestrians
- Accessible path of travel for people with disabilities
- Provide sanitary accommodations for employees
What is required for a roof deck permit?
Permit only applies to buildings with three or more residential units
What must hawkers and peddlers have according to the Division of Health Inspectors?
- Assigned number
- Name and residence recorded
- Recent photograph attached to license
What must be done if fruits and vegetables are sold?
Must be licensed or engaged in agriculture
What is prohibited regarding the crying of wares?
Crying wares to the disturbance of the peace near schoolhouses or places of worship
What are the sales restrictions for replica firearms?
Prohibited if it can be perceived as a real firearm
What must a replica firearm have to be sold legally?
- Entire exterior surface colored white or bright color
- Barrel closed with a blaze orange plug
- Name of manufacturer
- No laser pointer attached
What happens to replica firearms confiscated from persons under 18?
Confiscated and parent/guardian notified
What is the penalty for littering?
No person may litter upon vehicle or on foot
What is prohibited regarding drinking alcohol in public?
No person shall drink any alcoholic beverage or possess an open container in public areas
What is required for pedicabs?
Hackney license for vehicle and driver
What must be done regarding street numbers?
No person shall neglect or refuse to affix the assigned street number
What is required for posting notices and placards?
Prior consent from the owner is required
What are the construction hours?
7:00am - 6:00pm on weekdays
What is unlawful regarding sound devices in motor vehicles?
Unlawful to operate a loud amplification device in or on a motor vehicle in public
What constitutes disturbing the peace?
Causing or allowing unreasonable or excessive noise
What is the maximum allowable noise level at night?
50 dBa from 11:00pm - 7:00am
What happens to seized loud amplification devices?
They shall be inventoried and held until judicial proceedings are completed
What is required for the abandonment of automobiles?
No person shall abandon automobiles or parts upon public or private land
What is prohibited regarding the sale of dangerous instruments?
No person shall sell to anyone under 18 knives with a blade of 2 inches or more
What is considered aggressive solicitation?
Soliciting in an aggressive manner causing fear or intimidation
What is prohibited regarding salvia divinorum?
No person shall sell, offer, or possess salvia divinorum
What is prohibited regarding laser pointers?
No student shall possess a laser pointer on school premises unless for valid instructional purposes
What is prohibited regarding rummaging?
No person shall rummage in or through rubbish
What are the restrictions on carrying knives for individuals 18 or under?
Cannot exceed a blade length of 2 inches
What are the penalties for after-hours parties?
$300 for each violation, $300 for host, warning to landlord for first incident
What is prohibited regarding the sale and possession of crack pipes?
No person shall sell or display for sale a crack pipe
What is prohibited regarding synthetic cannabinoids?
No person shall possess, provide, sell, or distribute synthetic cannabinoids
What are the penalties for targeted residential picketing?
- 1st offense: $50
- 2nd offense: $150
- 3rd offense: $300
What must owners of dangerous dogs do?
- Secure the dog indoors
- Display visible signs on their property
What is required for dog fouling disposal?
Must dispose of dog feces, with exceptions for handicapped persons and those over 65
What is the timeframe for graffiti removal?
Shall remove within 30 days
What is the timeframe for snow removal?
Snow cannot remain for more than 3 hours between sunrise and sunset
What must a dog be when taken out in public?
Muzzled
This is a requirement for some dogs to ensure safety.
What is the maximum length of a leash for a dog in public?
3 feet
This regulation helps maintain control of the dog.
Who must control the dog when it is taken out?
An adult
This ensures responsible handling of the dog.
What must dog owners do regarding their dog’s feces?
Dispose of it
This is a requirement to maintain cleanliness in public areas.
Who is exempt from the dog fouling rule?
Handicapped person, Over 65 years old
These exemptions acknowledge the challenges faced by these individuals.
How long does one have to remove graffiti?
30 days
This regulation aims to keep public spaces clean and visually appealing.
What program provides an exemption for graffiti removal?
Graffiti Busters Program
This program assists in the removal of graffiti.
How long can snow remain on a property between sunrise and sunset?
3 hours
This rule ensures safety for pedestrians and vehicles.
What must be done to ice on sidewalks?
Make level and cover with sand, sawdust, or other material
This helps prevent slipping hazards.
When is parking in a marked bike lane prohibited?
Unless to avoid conflict with traffic and pedestrians, in compliance with police direction, or authorized by regulations
These conditions help maintain the safety and flow of traffic.
What are taxi top lights used for?
To identify licensed taxis
This helps passengers easily recognize taxis.
What must a taxi driver be licensed as?
A hackney driver
This ensures that drivers meet the necessary regulations.
What activities are allowed for taxi cabs outside of city limits?
Drive through city, pick up passengers if called by phone, pick up passengers if dispatched
These rules regulate taxi operations in and out of city areas.
What does the Boston Trust Act prohibit?
Boston Police Officers from assisting federal agencies with civil immigration enforcement
This law aims to protect the rights of individuals regarding immigration status.
What is a specific action that BPD shall not do under the Boston Trust Act?
Detain an individual solely on the basis of a civil immigration detainer request
This provision protects individuals from being held based on immigration status alone.
What is prohibited regarding arrests under the Boston Trust Act?
Make arrest based solely on ICE administrative warrants
This aims to prevent enforcement actions based on immigration enforcement warrants.
