Request By:
George B. Simpson, Esq.
514-1/2 Adams Street
Sturgis, Kentucky 42459
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter asking whether the City of Sturgis may give permission to the Sturgis Elementary School to temporarily close a public street during the daylight hours in order that the school children may have easier and safer access to a playground which is across the street from the school. The street separating the school and the playground is a main traffic artery in the city. The school officials propose the placing of large chains and wooden posts across the street during the school recess and lunch periods when the children are out on the playground.
Initially we direct your attention to KRS 94.360, providing in part that the legislative body in cities other than those of the first class shall have and exercise exclusive control over the public ways of the city. See OAG's 76-428, 76-205 and 72-313, copies enclosed. In
Adams v. Burke, 308 Ky. 722, 215 S.W.2d 531, 534 (1948), the Court said that the city 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."
In OAG 75-614, copy enclosed, we said that a board of education may legally make reasonable rules and regulations for the control and management of the schools, including rules for formulation and assignment of school safety patrols for street traffic instructional purposes inside the limits of the school's property. However, it is not within the authority of the school board to make and enforce traffic regulations either on roads and driveways within the public school property or territory outside the limits of the school property. The above-mentioned opinion further stated that a city may be petitioned or otherwise requested to exercise its statutory authority in the providing of traffic monitors at school intersections.
We would also direct your attention to the provisions of KRS 189.336, set forth in its entirely in OAG 75-614, dealing with the installation of flasher lights near schools and a reduced speed limit. Note particularly subsections (2) and (3) of KRS 189.336 providing that cities may authorize by ordinance the installation of flasher lights and other traffic control devices on highways in school zones and that the speed limit on highways where flasher lights are in operation shall be twenty-five miles per hour.
Thus, the city, pursuant to KRS 94.360, shall have exclusive control over the use of its streets. The school system has no authority to make and enforce traffic regulations on the city's streets and such authority cannot be delegated to the school by the city. While the city cannot authorize the temporary closing of the street during the daylight hours under the circumstances you have set forth, the city, under the provisions of KRS 189.336 and pursuant to its general powers of control over the city streets set forth in KRS 94.360, may adopt measures not only to protect the streets but also to provide for the safety of its citizens.