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Hughes v. City of Phoenix

Supreme Court of Arizona

June 24, 1946

HUGHES
v.
CITY OF PHOENIX et al

Appeal from Superior Court, Maricopa County; Harold R. Scoville, Judge.

Judgment affirmed.

Thomas O. Marlar, of Phoenix, for appellant.

Richard Minne, City Atty., and William C. Fields, Asst. City Atty., both of Phoenix, for appellees.

LaPrade, Judge. Stanford, C. J., and Morgan, J. concur.

OPINION

LaPrade, Judge.

[64 Ariz. 332] This appeal involves the validity of Ordinance No. 3907 of the City of Phoenix, the title of which reads as follows:

"Ordinance No. 3907.

"An ordinance prohibiting the parking or standing of motor vehicles within the city in violation of the ordinances of the city regulating the same, declaring such illegal parking to be a nuisance and a menace to the safe and proper regulation of traffic, providing for the removal of such vehicle and its retention by the chief of police until the payment of removal and storage charged; and declaring an emergency."

Section 1 of the act prohibits the parking of any vehicle in violation of the ordinances of the City of Phoenix regulating the standing, or parking, of vehicles.

Section 2 of the act provides, in part, that any unoccupied vehicle found violating any provision of the ordinances relating to parking is a nuisance and a menace to the safe and proper regulation of traffic, and authorizes the chief of police to seize and impound it. The removal charges provide for a fee of $ 4, plus fifty cents a day for each day the vehicle is kept in custody.

Page 298

Inferentially the appeal also questions the validity of the parking meter ordinace of the City of Phoenix, numbered 2546, ...


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