Request By:
Terry G. Cogswell
125 Berkley Drive
Florence, Kentucky 41042
Opinion
Opinion By: Robert F. Stephens, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of November 3, in which you present Ordinance No. 0-35-78 amending a previous ordinance for the purpose of regulating the parking of vehicles licensed as a truck, housecar or trailer, or van or similar type vehicles, on the city streets and public rights-of-way of the city. This ordinance, in effect, prohibits such vehicles from parking at any time on any street or any public right-of-way within the city. You question the validity of this ordinance.
After reviewing the ordinance, we believe that it is valid and non-discriminatory as it appears to be based on a reasonable classification. First, referring to McQuillin's Municipal Corporations, Volume 7, Section 24.642, we cite the following:
"A parking ordinance must be uniform in operation and not oppressive or discriminatory. It, cannot, for example, entirely forbid parking in one district of a city and permit it in another district where traffic conditions are similar. But it can adopt a reasonable classification with respect to times, places or vehicles within its operation. Thus, a prohibition of parking in a certain street or at a certain place need not include all vehicles, in order to be valid, where there is a reasonable basis for the distinction, germane to a legitimate object of the regulation. " (Emphasis added.)
In OAG 77-655, we had a similar question presented concerning the validity of an ordinance prohibiting the parking of trucks on city streets between certain hours. In concluding that such a prohibition was valid, we made the following statement contained in said opinion:
"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 . . . ."
Under the circumstances and as indicated above, we believe that the ordinance in question restricting trucks, housecars and trailers is valid and non-discriminatory, being based on a reasonable classification.