49-19
Cities
Cite as N.D. Op. Att'y Gen. 49-19
OPINION
49-19
March 10, 1949 (OPINION)
CITIES
RE: Courtesy Cards
Your letter of March 9, re use of so-called "courtesy cards" which
would permit out-of-town guests to occupy parking space on city
streets without said guest being liable for payment of fines, etc.,
has been received and sent to my desk.
You perhaps have in mind two or three opinions we gave regarding the
use of a "courtesy coin" in parking meters. This, of course, is not
the question here and your question has not been answered, so far as
I know.
So long as your city ordinance makes one parking longer than a
certain time in a certain place liable for a fine, it would seem that
no one in the city would have authority, by means of a "courtesy
card" or otherwise to make this ordinance inoperative. Certainly a
city has the right in regulating parking to prescribe reasonable
rules for parking and to prescribe the length of time a car may park
in a certain place and to make the one parking his car there for a
longer period liable to a fine for so doing. I believe, further,
that the city would have a right to provide in the ordinance
regulating parking for the issuance by the mayor, chief of police, or
some other official, of such so-called "courtesy cards." The holder
of such a card then would not be violating any provisions of the
ordinance. This is merely a suggestion, for I do not see how any
city officer could say that a penal ordinance should not apply to one
person while it applies to all others.
WALLACE E. WARNER
Attorney General