People v. Delprete, 683 N.E.2d 815 (N.Y. 1997)

A municipal ordinance that prohibits non-residents from parking on public streets within a residential area, absent a resident parking permit, is an invalid exercise of police power and violates the Vehicle and Traffic Law § 1604 which prohibits localities from excluding persons from the free use of the highways.

Summary

The Village of Bellerose enacted a local ordinance requiring resident parking permits for vehicles parked in residential areas. Defendants, non-residents of the village, were ticketed multiple times for parking in the residential area without permits. They pleaded guilty in Village Justice Court, but later appealed. The Appellate Term reversed the convictions, finding the ordinance discriminatory. The New York Court of Appeals affirmed, holding that the ordinance unlawfully restricted the use of public highways by non-residents, exceeding the village’s authority and conflicting with state law.

Facts

Defendants Delprete and Speakerkits, non-residents of the Village of Bellerose, parked their vehicles within unmetered areas of the village’s