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CITY OF WICHITA v. BASGALL4/28/1995
The opinion of the court was delivered by
Keith Basgall and Mark Green were each charged with the violation of a city ordinance relating to handicapped parking. The Wichita municipal court found the defendants not guilty based upon: (1) the fact that the access area in which defendants parked was not marked in conformity with state and federal requirements and (2) the portion of the ordinance defining access area was unconstitutionally vague. The City of Wichita appealed therefrom pursuant to K.S.A. 12-4601(b). The district court upheld the municipal court's determination as to both questions reserved. The matter is before us on the City's appeal of the two questions reserved pursuant to K.S.A. 1994 Supp. 22-3602(b)(3).
The facts are not in dispute and may be summarized as follows. On December 9, 1993, each of the defendants parked a motorcycle in the parking lot of a Wichita department store. Each vehicle was parked in a triangular area painted in a yellow striped pattern. The area so marked was adjacent to a duly marked handicapped parking space. The defendants were each issued a traffic citation alleging violation of § 11.52.020(25)(b) of the Code of the City of Wichita: Parking in Handicap Zone. This ordinance provides that it is unlawful:
" or any person to stop, stand or park a vehicle so that it blocks access to a designated handicapped parking space, access ramp or access area. For the purposes of this section, `access ramp' means that area of whatever dimension or configuration immediately adjacent to a designated disabled accessible parking space that is marked in any manner indicating it is to be used in conjunction with such designated disabled accessible parking space. `Access area' means that area of whatever dimension or configuration immediately adjacent to a designated disabled accessible parking space that is marked in any manner indicating it is to be used in conjunction with such disabled accessible parking space."
Other facts will be stated as necessary for the discussion of particular issues.
The questions reserved are as follows:
I. Can a municipality, by its home rule or police powers, adopt handicapped parking legislation which is broader than state or federal law?
A. Is the City's ordinance in conflict with state or federal law?
B. Have state and federal laws dealing with handicapped parking preempted this field of legislation?
II. Is the definition of access area contained in § 11.52.020(25)(b) of the Code of the City of Wichita unconstitutionally vague?
An appeal on a question reserved is permitted to provide an answer which will aid in the correct and uniform administration of the criminal law. We do not entertain a question reserved merely to demonstrate errors of a district court in rulings adverse to the State. Questions reserved presuppose that the case at hand has concluded but that an answer to an issue of statewide importance is necessary for proper disposition of future cases. State v. Craig, 254 Kan. 575, Syl. 1, 867 P.2d 1013 (1994); State v. Ruff, 252 Kan. 625, Syl. 4, 847 P.2d 1258 (1993); State v. Puckett, 227 Kan. 911, 912, 610 P.2d 637 (1980).
Whether or not this case has sufficient statewide importance to warrant entertaining the appeal is a close question. Ordinarily, the validity of a local ordinance has no such status. However, since other municipalities may now have or may adopt handicapped parking ordinances which may give rise to similar issues, we will entertain the appeal.
A city ordinance should be permitted to stand
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