I recently had a discussion with one of my fellow officers regarding Town By laws. This is pretty basic police 101, almost feel ashamed to ask, but I think I am right, I just want to confirm.
You get someone for a Town By law violation..... open container, noise violation, recreational vehicle violation, skateboards, etc.
Last I checked, you have the right of arrest for a violation of Town/City bylaw committed in your presense. Even if it is not involving an alcohol violation.
Case in point, you have a guy driving a four wheeler on the baseball field at the local high school (violation of town by law), can be locked up if in violation of by law.
Any comments???
Posted by: j809
I remember Pat Rogers telling us in the academy that all town by-laws are arrestable, however I don't know of any departments that do.
Posted by: PATS246
j809 thanks, I had Pat Rogers say the same thing, as does his books. Not saying that you are going to lock up every person for a foolish by law violation, but when it comes down to it can you arrest for violation of by law regardless.. I know that when alcohol is involved it is good all day. I was inquiring if it is arrestable if there is a violation of a bylaw involving something else than alcohol.
Posted by: lancegoodthrust
Yes, we do it all the time with solicitors who fail to register. We have a by-law saying that they have to come into the station, and get a permit. So when they don't they get arrested. It gets the message out to the others, don't come to our town. I am not sure of the Chapter and Section, there is also one about violating a by-law on a Sunday.
Posted by: DANIPD
I think it falls under Ch. 272 s. 59.
Posted by: T4567
i thought there was a recent court case that threw out that by-law. i was told that it is illegal for you to require solicitors to register at a police station.
Posted by: spd722
The supreme court case for the solicitors is the religous people, JW, and non-profit political parties such as the Seirra Club, Green Peace, they do not have to register and they do not have to follow any time restrictions. Kinda sucks, once we had a kid going door to door for one of these groups and we found out his name, warrant for B&E out for him. Another, girl for the Seirra Club, numerous warrants for drugs, drugs in a school zone, arrested on friday, spent all weekend in jail, 10,000 for bail.
Posted by: DC813
Chapter 101: Section 32 Arrest of hawkers, peddlers and door-to-door salespersons; prosecution
Section 32. The deputy director, inspectors of standards and, within their respective jurisdictions, sealers or deputy sealers of weights and measures, constables and police officers shall arrest and prosecute every hawker and peddler, and transient vendor, who they may have reason to believe is violating any provision of this chapter. The chief of police, a police officer, or other official designated by a city council of a city or a board of selectmen of a town, may arrest and prosecute a person who engages in the sale of goods door-to-door for future delivery who such official has reason to believe is violating the provisions of section thirty-four.
Chapter 272:
Section 59. Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence.
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