Opinion No. (1998)

Good Law
California Attorney GeneralJuly 16, 1998California1,744 words

Opinion

Lead Opinion

DANIEL E. LUNGREN Attorney General ANTHONY Da VIGO Deputy Attorney General THE HONORABLE JAN GOLDSMITH, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: May a city prohibit the making of turns onto designated public streets in either business or residential areas within its jurisdiction during selected hours when no traffic safety issue is involved? CONCLUSION A city may prohibit the making of turns onto designated public streets in either business or residential areas within its jurisdiction during selected hours when no traffic safety issue is involved. ANALYSIS A city possesses and may exercise only such powers as are granted to it by the Constitution or by state statutes, together with those powers that arise by necessary implication from those expressly granted. ( Myers v. City Council of Pismo Beach (1966) 241 Cal.App.2d 237 , 240 ; 76 Ops.Cal.Atty.Gen. 289 , 291 (1993).) In AB Cattle Co . v. City of Escondido (1987) 192 Cal.App.3d 1032 , 1038 , the court summarized the following principles of municipal powers that we find to be applicable to the question presented: "`Under the police power granted by the Constitution, counties and…

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