Cremer v. Anchorage

In Cremer v. Anchorage, 575 P.2d 306 (Alaska 1978), the defendant was convicted of violating an earlier version of the Anchorage ordinance by driving in a large, privately owned parking lot while his driver's license was suspended. Cremer argued that the municipal driver's license ordinance was invalid under AS 28.01.010 because it was inconsistent with the state driver's license statute, which only regulated driving with a suspended license on public property. The Cremer court acknowledged that the ordinance and the statute were different. But the court said that "this slight discrepancy between the statute and the ordinance, i.e., the driving of motor vehicles on private property, is not of such a nature that the exercise of municipal power has been directly or indirectly prohibited by legislative action." The court concluded that the municipal ordinance was therefore not -- for the purposes intended under AS 28.01.010 -- inconsistent with the state statute. Because the ordinance was not inconsistent with the statute, the ordinance was valid.