Request By:
Mr. Terry G. Cogswell
125 Berkley Drive
Florence, Kentucky 41042
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of October 18 in which you question the validity of a city ordinance prohibiting the parking of trucks on city streets between the hours of 6:00 p.m. and 6:00 a.m.
Since you do not furnish us with a copy of the ordinance in question, we cannot comment as to its validity, however, we will cite to you the law governing the city's power to regulate traffic and parking generally.
The Supreme Court of Kentucky has pointed out in a number of cases that the city has complete control of its streets and no person can interfere with the city in the management of its streets. See
City of Falmouth v. Pendleton County Court, 308 Ky. 526, 215 S.W.2d 101 (1948). It has also been held that parking is a privilege of the public and is incidental to the use of a street for travel, but subject to the exclusive right of the city council to control the use of its streets. See
Blackburn v. City of Pineville, 313 S.W.2d 860 (1958);
Gibson v. City of Hardinsburg, 247 S.W.2d 31 (1952);
Triplett v. City of Corbin, 269 S.W.2d 188 (1954);
Allsmiller v. Johnson, 309 Ky. 695, 218 S.W.2d 28 (1949); and KRS 94.360.
In the case of
City of Louisville v. Louisville Automobile Club, 290 Ky. 241, 160 S.W.2d 663 (1942), the Supreme Court of Kentucky held that a city is vested with all reasonable police powers, including the regulation of parking vehicles on the streets of the city, and under such power has the right to provide means to enforce reasonable regulations. Next referring to the case of
Adams v. Burke, 308 Ky. 722, 215 S.W.2d 531 (1948), the Court said:
". . . It is of course clear that a municipality may reasonably regulate the use of its streets by any vehicles. It may designate what streets shall be used by particular classes of traffic, fix speed limits, set aside parking spaces, and pass other measures designed to protect its streets and provide for the safety of its citizens. Such regulation would constitute true 'control over the public ways' which is delegated to city legislative bodies by subsection (1), section 94.360, KRS, earlier referred to."
Next referring to § 24.643 of McQuillin, Vol. 7, Municipal Corporations, we quote the following:
"There is no absolute right to park a vehicle on streets, even though one leaves it to enter a building on business. On the contrary, parking in a city is a privilege and, therefore, is subject to regulation by proper city authorities. Nor has an owner of land abutting on a street any right as against a reasonable parking restriction. . . ."
Generally speaking, the city would have the power to prohibit trucks from parking on city streets other than momentarily for unloading purposes.
In answer to your last two questions which do not relate to the specific ordinance in question, the city council has the general police power to pass ordinances regulating the traffic and parking of vehicles without a vote of the people. As a matter of fact, there is no statutory authority for placing such a question on the ballot and to do so would be illegal.
In response to your last question, such an ordinance could be repealed by a majority vote, the same that was of course necessary for its initial enactment. Reference KRS 85.110.