Municiple Law Flashcards
(27 cards)
All city of boston ordinances are considered to be..
Misdemeanor offenses and violations must be committed in presence
In order to place an individual under arrest the offender must remain in..
willful violation of the ordinance
When a conflict between state law and local ordinace
The state law will ALWAYS take precedence
Any officers right of arrest must be excised with? (Think P.I.C)
Prudence, Intelligence, and common sense
Willful violation
When a person after being informed by the officer that he/she is committing a city ordinance violation continues to violate the ordinance.
Formal authority
The authority to make and enforce laws which is derived from the following:
1.U.S constitution
2.Massachusetts general constitution
3.the general court (state legislature)
4.mass general laws
5.city ordinances
Police power
The power of the state under which the legislature may enact laws regulating and restraining private rights and occupations for the general welfare and security of the public.
Local governments (cities and towns) receive the authority to exercise police powers from two sources:
1.Massachusetts constitution
2.massachusetts general law
The Enabling statute
Mgl c40 s 21 grants to the cities and towns the power to make and enforce local laws in certain areas.
Some of the reasons for which a city can enact ordinances are:
•protection of the public interest
•The welfare of the general public
•Maintenance of peace and good order
•Health
•Safety
•Morals
Compelling government interest
Legitimate objectives of government to protect the health, safety, morals and welfare of its citizens
Ordinances are local laws and therefore…
Statutory offenses take precedence
Mgl 272 s 59
Provides police with the right of arrest for any violation of a city ordinance,rule, or regulation which occurs in his presence.
The power to arrest must be exercised with…
Prudence, intelligence, and common sense
Officers are no longer able to arrest, or apply for a criminal complaint, against juveniles who violate a municiple law..
True or false
True
Responsibilities of a police officer at polling places (ivmr)
•Inspect each voting machine
•Verify by inspection that “protective counter” setting against the number provided by the voting machine custodian
•place a mark next to each voter who casts a ballot at such location
•report any machine malfunction, irregularity, or disturbance in or around the polling location, both to his station house and to the election commission.
No person shall smoke in any public place under control of the parks and recreation commission
True of false
True
Permits for street work shall specify…
1.Time
2.Place
3.The size and use of such opening, occupation or obstruction
Contractor receiving a permit for street work shall provide…
•Restoration of paving
•Light sufficient to protect travelers from injury
•provide suitable sanitary accommodations for his employees
•bpd officer on special duty
•maintain an accessible path of travel and be compliant with the ada requirements
No person owning or harboring a dog shall
Permit a dog to go upon any street or public place unless it is effectively restrained by a chain or leash no exceeding 10 feet in length
A dangerous or vicious dog is one who
Has bitten any person
Attempted to bite any person
Known tendency to attack or threaten the safety of domestic animals
While on an owners property, a dangerous or vicious dog must be…
Securely confined indoors
In a securely enclosed and locked pen
