Request By:
Mr. Charles F. Fleming
Detective, Kentucky State Police
P.O. Box F
Kona, Kentucky 41829
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter stating that Kentucky Highway 15 in Letcher County passes through downtown Whitesburg. In the downtown area there is parallel parking on both sides of the street and the city has installed parking meters from which it collects the money deposited therein.
You present a series of questions as follows:
"My question is can the city of Whitesburg lawfully tow away vehicles that may be parked along this roadway since it is state property? Also, can the city force citizens of this county to pay the parking meters? One other question, if a citizen fails to pay the meters can the city tow away and impound the vehicles?"
KRS 94.360 provides in part that the city legislative body in cities of the second, third, fourth, fifth and sixth classes shall, by itself or through a department of public works or a superintendent of public works as provided by law, have and exercise exclusive control over the public ways, landings, wharves and public grounds of the city. In Allsmiller v. Johnson, 309 Ky. 695, 218 S.W.2d 28 (1949), the Court referred to earlier cases upholding the right of cities to install parking meters pursuant to their exclusive right to control the use of their streets. The Court further recognized that parking is generally considered as a privilege of the public and incidental to the use of a street for travel.
In City of Louisville v. Louisville Automobile Club, 290 Ky. 241, 160 S.W.2d 663 (1942), the Court said that the city is vested with all reasonable police power, including the power to regulate the parking of vehicles on the streets, which encompasses the authority to provide the means to assist in the enforcement of reasonable regulations. The Court, in Adams v. Burke, 308 Ky. 722, 215 S.W.2d 531, 534 (1948), stated in part as follows:
". . . 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."
The fact that a street in the city may be part of a state or federal highway that is maintained by the state would not normally affect the city's right to regulate traffic on that highway unless the state highway commissioner has, by official order, assumed the responsibility of regulating traffic on that street pursuant to KRS 189.233. If the Bureau of Highways has not taken over the regulation of traffic on that street, the traffic regulation of such street is left to the city. The city could then regulate parking, install parking meters and enforce parking violations through reasonable and appropriate ordinances. See OAG's 74-300 and 76-205, copies enclosed.
In connection with the towing away of vehicles on streets of the city, we direct your attention to McQuillin Mun. Corp. (3rd Ed.), Vol. 7, § 24.628, where it is stated in part that, "Unquestionably, a municipality may make provisions for the removal of motor vehicles abandoned or disabled in its streets so as to promote the free flow of traffic therein."
Thus, the city may regulate traffic on a city street, even though that street is part of a state highway, maintained by the state, unless the state highway commissioner has by official order assumed the responsibility of the regulation of traffic on that street pursuant to KRS 189.233. In the absence of the above-mentioned order, the city, pursuant to its control of the city streets, may regulate parking, install parking meters and enforce parking violations through the enactment of reasonable ordinances, including the towing away of vehicles.