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LEVEL 2: STUDY GUIDE > MUNICIPAL LAW > Flashcards

MUNICIPAL LAW Flashcards

30 POINTS (61 cards)

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1
Q

99% OF THE VIOLATIONS OF CITY ORDINANCES WILL NOT __________

A

Will not result in arrest

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2
Q

The state Legislature (M.G.L) makes laws. The authority to make and enforce laws is derived from?

A
  1. The US Constitution
  2. The MA Constitution
  3. The General Court (State Legislature)
  4. MA General Law (M.G.L)
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3
Q

What are the two sources from which police authority is derived from?

A

MA Constitution: Right to local self government
MA General Law: Enabling statute (M.G.L chapter 40s 21)

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4
Q

What is M.G.L Chapter 40s 21?

A

Enabling Statute

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5
Q

City can enact ordinances for the following reasons. 6 components.

POTENTIAL OPEN RESPONSE!

A
  1. Protect Public Interest
  2. Welfare of the general public
  3. Maintain peace and good order
  4. Health
  5. Safety
  6. Morals
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6
Q

What is M.G.L Chapter 272 s 59?

A

Provides police with right of arrest for violation of city ordinance

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7
Q

Such right of arrest must be exercised with? P.I.CS

OPEN RESPONSE!

A
  1. Prudence
  2. Intelligence
  3. Common Sense
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8
Q

Many M.G.L.s are duplicated by City Ordinances- Why should you use M.G.L over city ordinance?

MULTIPLE CHOICE!

A

Utilize the statutes, precedence and easier to prove

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9
Q

Although the first interaction of violation of city ordinance will not result in arrest. When will an arrest be made for violation of city ordinance? MULTIPLE CHOICE!

A

If they continue to violate the ordinance upon having knowledge of it.

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10
Q

Can a person covering a can of beer with a brown bag be arrested for violation of city ordinance, why?

SCENARIO BASED QUESTION!

A

Violator demonstrated they have some knowledge of the law. Prior knowledge

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11
Q

True/False: A violator of an ordinance is also displaying accousting behavior, or using profane or obscene language can result in arrest?

A

True

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12
Q

All city ordinances felonies or misdemeanors?

A

City ordinances are all misdemeanor. Violation must occur In presence. After being informed by the officer.

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13
Q

Prosecution: If no arrest are made, the following must occur:

A

A complaint must be sought in district court
A hearing date will be set and a summons issued to establish the merit of the complaint
Formal complaint will then either issued or denied
If denied, the matter is finished
If issued: * Arraignment * Trial * Sentencing (If found guilty)

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14
Q

There are two types of enforcement?

A
  1. Criminal
    -Arrest
    -Complaint/Summons
  2. Civil
    -Citation (Ticket)
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15
Q

Regarding Juveniles Violating City Ordinance. What can’t an officer do in this situation?

TRUE/FALSE QUESTIONS!

A

NO LONGER ABLE TO ARREST; OR APPLY FOR A CRIMINAL COMPLAINT AGAINST JUVENILE

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16
Q

If an officer cannot arrest or apply for a criminal complaint, however, It does not prevent the officer? TRUE/FALSE QUESTION!

A

From pursuing civil violations of municipal ordinances

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17
Q

Officers are no longer able to arrest or apply for a criminal complaint against juveniles who violate the marijuana law but are allowed to?

A

Issue a civil citation

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18
Q

Relating to police officers in attendance at polling places. In addition, performing the duties otherwise set forth by law, shall?

A

Inspect each voting machine prior to the opening of the poll

Verify by inspection that “protective counter”

Place a Mark next to the name of each vote who cast a ballot

Report any machine malfunction, irregularity, or disturbance in or around the polling location.

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19
Q

When does the regulation of access to roof areas of buildings apply to residential units?

TRICKY TRUE/FALSE QUESTION!

A

Only applies if 3 or more residential units.

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20
Q

What are the three types of permits for street work issued by the Department of Public Works?

A
  1. Time
  2. Place
  3. The size and use of such opening
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21
Q

These conditions can only be granted upon?

OPEN RESPONSE!

A
  1. Restoration of the pavement
  2. Proper Lighting
  3. Safe and convenient travel
  4. Sanitary accommodation
  5. Boston Police Officer on special duty
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22
Q

Restraining Dogs, the leash should not exceed ___ in length?

MULTIPLE CHOICE!

A

10 feet

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23
Q

How can you identify a dangerous or vicious dog? Only animal control officers can deem this behavior.

OPEN RESPONSE!

A
  1. Any dog that has bitten or attacked any person
  2. Any dog that **has attempted to bit or attack any person
  3. Any dog with a Known propensity, tendency or disposition to attack a Domesticated Animal
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24
Q

Owners who decide to take their dangerous or vicious dog outside must consider…

OPEN RESPONSE!

A
  1. Muzzled
  2. Leash /chain cannot exceed 3 feet
  3. Under control of Able-bodied adults
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25
While having a dog inside a private property, the owner or keeper shall: OPEN RESPONSE!
**Display a sign/signs on his/her premises facing out from all sides** of the premises **warning that there is a dangerous or vicious dog on the property.** Ensure that the **sign/signs be visible and capable of being read from a public way or within twenty (20) feet** of its placement. **Display sign for children's to read**
26
It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any street, sidewalk or other public area. There are two exceptions to this statement, what are they? OPEN RESPONSE!!
1. Any handicapped person 2. Any individual over sixty-five (65) years of age
27
Abandonment of Automobiles: No person shall place, store, or keep more than 1 unregistered and/or uninsured motor vehicle upon public or private land zoned for residential purposes of ____ residential units MULTIPLE CHOICE OR OPEN RESPONSE!
more than 1 unregistered and/or uninsured motor vehicle upon public or private land zoned for residential purposes of 6 or fewer residential units.
28
How many days does a person have to register, insure, or remove a vehicle?
**Within 10 business days** Every violation afterwards shall be subject to a $300 fine each week it remains uncorrected.
29
Non-Emergency repair of vehicles: No person shall in or on any public area, do the following: POTENTIAL MULTIPLE CHOICE OR TRUE/FALSE
Install/remove parts Repair/Service Put parts, fluids (except water), or containers on such lands
30
SALE of Dangerous instruments: No person shall, to any person.. Any of the following. Under 18, Sell, Give, Deliver. OPEN RESPONSE!
1. Knife with a blade length of **2 inches or more** 2. Ice Pick 3. Straight Edge Razor
31
For the question above, there are exemptions:
If given by a parent or adult (who is an immediate family member) to include siblings/grandparents
32
Laser Pointer: No person 18 AND under shall possess a laser pointer on school premises, except
For a **Valid instructional School-related or employment purposes,** **Direct supervision** of school staff/authorized instructor or parent
33
Carrying of Weapons Prohibited: No person, except as provided by law, shall: Carry on person; OR carry under his control in a motor vehicle any knife with a blade in excess of ______ inches MULTIPLE CHOICE!
Any knife with a blade in **excess of 2.5 inches**
34
What are the exceptions to when you can carry a prohibited weapon? OPEN RESPONSE!?
**Hunting, fishing, or recreational or Culinary Employment** **Going to/from such activity** OR Transported from purchase, sharpening, repair, etc. and **packaged properly** as not to allow easy access
35
What are all the elements needed for an After Hours Party? OPEN RESPONSE!!
Unpermitted or unlicensed gathering Residential Dwelling After 11:00 PM Money Collected Alcohol Served
36
A Host fined for each and every infraction: OPEN RESPONSE!
Being Host: $300 Procuring Alcohol: $300 Serve Alcohol (bartender): $300 Bouncer (collect $): $300 DJ: $300 AND seize equipment
37
True/False: A 40-year-old man can purchase a laser pointer and use it
False
38
Police have seized/confiscated equipment from DJ and are being held in the station. How much will the DJ be charged daily for seized equipment?
$20 per day storage fee
39
Boston Trust Act: Can not do or work as ICE. Such as, immigration status, HOWEVER?
This shall not prohibit Boston Police Officers from doing their jobs!
40
In an aggressive manner in a public area. No person shall solicit when the person being solicited is: Bus stop, Parking garage or parking lot, Sidewalk café, In line to be admitted into a commercial establishment; or In a crosswalk
**Within 10 feet of any bank or ATM during business hours of operation**
41
No person without written consent from_____ post a notice, advertisement upon a curbstone, sidewalk, tree, telegraph pole, lamp-post or hydrant? MULTIPLE CHOICE!
THE MAYOR!
42
What is the amount of Dba for a quiet conversation? MULTIPLE CHOICE!
50 Dba
43
What is the amount of Dba for a passenger car driving down the street? MULTIPLE CHOICE!
70 Dba
44
In the absence of an applicable noise level standard, any noise audible at a distance of?
300 feet
45
In the case of loud amplification devices or similar equipment, noise plainly audible at a distance of?
100 feet
46
Unless there’s an emergency, what is the time for construction workers to work in public?
7:00 AM to 6:00 PM
47
It shall be unlawful for any person to engage in targeted residential picketing between the hours of?
9:00 PM to 9:00 AM
48
True/False: A person cannot operate with a loud amplification device in a motor vehicle regardless if it is moving or not?
True
49
True/False: A person can have music in their dwelling because it is their private property and can be heard by the other neighbors in the area?
False
50
Who is exempt from having loud amplification noise? MULTIPLE CHOICE!
Law Enforcement Vehicle
51
It is unlawful to drive skateboard on public malls and private area except:
Street and sidewalk
52
No vehicle (including police cruiser) shall park in a bicycle lane. However, there are 3 exceptions OPEN RESPONSE!
When necessary **to avoid conflict** with other traffic or pedestrians; In compliance with the **lawful direction of a police officer** or official traffic signs; Unless authorized to do so under existing regulations **(Posted signs)**
53
Each and every owner shall remove graffiti from real and personal property within ___ days of the time the owner knows…
30 days
54
An owner may be exempt from the requirements to remove graffiti provided that…
Graffiti Busters is no longer in operation and; Owner lack the financial ability to remove the graffiti **(Owner is broke)**
55
No person shall sell, offer to sell, possess, use, display or give away, any replica firearm on public property unless:
The exterior is colored white, bright red, orange, yellow… Transparent or translucent Blasé orange plug or permanently affixed Stamped thereon, the name of manufacturer or trade name Does not have a laser pointer attached
56
What should police officers do if any individual under 18 years of age is carrying a replica firearm?
Confiscate and contact/notify parents. They can pick up firearms after 24 hours.
57
No person shall hawk or peddle any fruits or vegetables until he has obtained a license. UNLESS?
He is engaged in the pursuit of agriculture The product of the vendor’s labor or labor of his family
58
No person hawking, peddling, selling, or exposing for sale any articles, shall cry his ware to the disturbance of the peace in the neighborhood of?
**Schoolhouses or** of place for **divine worship (Church)**
59
When should a person remove snow and ice?
Cannot be allowed for more than 3 hours between sunrise and sunset and after snowfall has ended
60
What are the 3 things needed to operate a pedicab in Boston?
License for the vehicle License for the operator Valid driver’s license
61
No taxicabs be allowed to dispatch taxicabs within the city of Boston. Unless;
Driving through the city Accepting a passenger if summoned by telephone Accepting a passenger by radio dispatch from the business

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