MUNICIPAL LAW EXAM 5

Question 1

99% of the violations of city ordinances

Answer 1

Will not result in arrest

Question 2

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

Answer 2

• The US Constitution
• The MA Constitution
• The General Court (State
  Legislature)
• MA General Law (M.G.L)

Question 3

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

Answer 3

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

Question 4

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

Answer 4

Enabling Statue

Question 5

City can enact ordinances for the following reasons. 6 components

Answer 5

• Protect Public Interest
• Welfare of the general public
• Maintain peace and good order
• Health
• Safety
• Morals

Question 6

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

Answer 6

Provides police with right of arrest for violation of city ordinance

Question 7

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

Answer 7

• Prudence
• Intelligence
• Common Sense

Question 8

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

Answer 8

Utilize the statutes, precedence and easier to prove

Question 9

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?

Answer 9

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

Question 10

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

Answer 10

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

Question 11

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

Answer 11

True

Question 12

All city ordinances felonies or misdemeanors?

Answer 12

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

Question 13

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

Answer 13

• Complaint
• Hearing
• Issued or Denied
  If Denied, the matter is Dismissed
  If issued: Arraignment

Question 14

There are two types of enforcement?

Answer 14

• Criminal: Arrest and
  Complaint/Summons
• Civil: Citation (Ticket)

Question 15

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

Answer 15

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

Question 16

If an officer cannot arrest or apply for a criminal complaint, however, It does not prevent the officer?

Answer 16

From pursuing civil violations of municipal ordinances

Question 17

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

Answer 17

Issue a Civil Citation

Question 18

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

Answer 18

• Inspect
• Verify
• Mark
• Report

Question 19

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

Answer 19

3 or more residential units

Question 20

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

Answer 20

Time
Place
Size and use of such opening

Question 21

A company looking to get a permit for street work must ensure they have the following? (OPEN RESPONSE)

Answer 21

• Restoration of the pavement
• Proper Lighting
• Safe and convenient travel
• Sanitary accommodation
• Boston Police Officer on special
  duty

Question 22

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

Answer 22

10 Feet

Question 23

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

Answer 23

• Any dog that has bitten or
  attacked any person
• Attempted to bite or attack any
  person
• Known tendency to attack a
  domesticated animal.

Question 24

While on an owner’s or keeper’s property, a dangerous or vicious dog must be

Answer 24

Securely confined indoors
In a securely enclosed and locked pen

Question 25

While having a dog inside a private property, the owner or keeper shall: (OPEN RESPONSE)

Answer 25

- Display a sign/signs facing out from all sides warning that there is a dangerous or vicious dog on the property. - The sign/signs be visible Within twenty (20) feet. - The sign must have symbols warning children who cant read.

Question 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?

Answer 26

Any handicapped person Any individual over sixty-five (65) years of age

Question 27

Under what circumstances can a vicious dog's owner/handler walk the dog off premise? (OPEN RESPONSE)

Answer 27

- Dog has to be Muzzled - Restrained by Leash /chain cannot exceed 3 feet - Under control of Able-bodied adults

Question 28

272 section 59 gives BPD ROA for city ordinance these should be enforced with PICS (OPEN RESPONSE)

Answer 28

- Prudence - Intelligence - Common Sense