ORDINANCE NO. 05-9( )
AN ORDINANCE TO AMEND CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE IV, COUNTY VEHICLE LICENSES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles and Traffic, Article IV, County Vehicle Licenses, is hereby amended and reordained as follows:
By Amending:
Sec. 9-400 Fee imposed
Sec. 9-401 Violations
Sec. 9-403 Application for license; payment of fee; issuance of decal, etc.
Sec. 9-404 License fees – Amounts
Sec. 9-405 License fees – Prorating
Sec. 9-406 License fees – Refunds
Sec. 9-407 License fees – Disposition
Sec. 9-408 License not to be issued until all personal property taxes are paid
Sec. 9-409 Duration
Sec. 9-410 Display of license decal, etc.
Sec. 9-411 Transfer of license decal, etc.
Sec. 9-412 Duplicate license decal, etc.
CHAPTER 9. MOTOR VEHICLES AND TRAFFIC
Sec. 9-400 Vehicle license tax Fee imposed.
There is hereby imposed by the board of supervisors levied
a license fee tax upon every person owning a motor vehicle,
trailer or semitrailer regularly housed or stored in the county
normally garaged, stored or parked in the county and used or intended to be
regularly operated upon the streets or highways in the county, except as
otherwise specifically provided in this article.
(Code 1967, § 12-90; Ord. of 2-14-90; Code 1988, § 12-21; Ord. 98-A(1), 8-5-98)
Sec. 9-401 Violations.
It shall be unlawful to fail to obtain and display a valid local
decal, as required by this article. Law enforcement officers may issue
citations, summonses, warrants, parking tickets or uniform traffic summonses for
violations. A violation of this ordinance article may not be
discharged by payment of a fine except upon presentation of satisfactory
evidence that the required license tax has been obtained paid.
The procedure for enforcement of this section 9-410 and penalties
for violation thereof shall be as provided in section 9-118, except that fines
as provided in section 9-118(f) shall be as follows:
If paid within ninety-six (96) hours...................................$25.00
If paid after ninety-six (96) hours..................................…$50.00
(Ord. of 8-8-90; Ord. of 6-9-93; Code 1988, § 12-21.1; Ord. 98-A(1), 8-5-98)
Sec. 9-402 Exempted vehicles-Generally.
A. The provisions of this article shall not apply to any vehicle exempted by the provisions of Virginia Code §§ 46.2-663 through 46-2.683 or Virginia Code § 46-2-755, nor shall the provisions of this article apply to any vehicle licensed pursuant to Virginia Code §§ 46.2-750 through 46.2-75l.
B. The provisions of this article shall not apply to any carrier operating under a certificate of public convenience and necessity issued by the state corporation commission for buses operated in special or chartered
party service or to any carrier operating under a certificate of public convenience and necessity issued by the state corporation commission or the Interstate Commerce Commission, or under a local franchise granted by any city or town pursuant to Virginia Code § 46.2-696.
(Code 1967, § 12-91; Ord. of 2-14-90; Code 1988, § 12-22; Ord. 98-A(1), 8-5-98)
Sec. 9-403 Application for license decal; payment of fee
tax; issuance of decal, etc.
A. Every person owning a motor vehicle, trailer, or
semitrailer, regularly housed or stored in the county normally
garaged, stored or parked in the county and used or intended to be regularly
operated upon the streets or highways in the county will be issued a vehicle
license by mail permanent vehicle decal for that vehicle provided
that:
1. The vehicle is currently licensed by
the county on December 31, 2005; and
2. All local taxes specified in section 9-408 have been paid.
The vehicle license shall be mailed to the vehicle owner in January. License
fees prescribed by section 9-404 for such vehicle license shall be included and
separately stated on the personal property tax bill and shall be paid by June 5
of each year.
B. Every person owning a motor vehicle, trailer or
semitrailer, regularly housed or stored in the county normally
garaged, stored or parked in the county and used or intended to be regularly
operated upon the streets or highways in the county and not issued a vehicle
license permanent vehicle decal for such vehicle pursuant to
paragraph (A) above, shall make application for and procure a county motor
vehicle license decal for that vehicle. The application for the
license decal required by this article shall be made to the
director of finance on forms providing for the name and address of the applicant
and a description of the motor vehicle for which the license decal
is to be issued. The license fee tax shall be paid to the director
of finance. Upon the payment of the license fee tax and of all local
taxes specified in section 9-408, the director of finance shall issue to the
applicant a license permanent vehicle decal or other indicia of
license for such motor vehicle.
C. The purchaser of a new vehicle or a new resident of the
county is required to obtain a county license decal within thirty
(30) days of the purchase date or the date the owner moved into the
county. New residents with a valid local license issued by a Virginia
locality will be given a prorated credit based on the expiration date of their
current license.
(Code 1967, § 12-92; Ord. of 2-14-90; Ord. No. 96-12(1), 12-11-96; Code 1988, § 12-24; Ord. 98-A(1), 8-5-98)
Sec. 9-404 License fees tax--Amounts.
A. On all motor vehicles, except as otherwise specifically
provided in this article, there shall be an annual license fee tax
based on gross vehicle weight. The fee license tax shall be
twenty-five dollars ($25.00) for vehicles with gross vehicle weights of four
thousand (4,000) pounds or less and thirty ($30.00) for gross weights in excess
of four thousand (4,000) pounds. Gross maximum loaded weight shall be
substituted for gross vehicle weight for motor vehicles not designed and used
primarily for the transportation of passengers.
B. On every motorcycle there shall be an annual license
fee tax of twenty dollars ($20.00).
C. On every trailer or semitrailer not designed and used for
transportation of passengers, there shall be an annual license fee tax
as follows:
Gross Weight Annual Fee
Tax
0 - 1,500 lbs. $ 9.50
1,501 lbs. and above $20.00
D. In the case of a combination of a tractor-trailer or
semitrailer, each vehicle constituting a part of such combination shall be
licensed taxed as a separate vehicle.
E. On every motor vehicle, trailer or semitrailer upon which
well-drilling machinery is attached or other "specialized mobile equipment" as
defined in Virginia Code § 46.2-700(B), there shall be an annual license fee
tax of sixteen dollars and fifty cents ($16.50).
F. Except as provided in section 9-403(B), the license tax prescribed herein shall be due and payable on or before June 5 of each year, and shall be included and separately stated on the personal property tax bill.
(Code 1967, § 12-93; 1-18-73; 6-7-89; Code 1988, § 12-25; Ord. 98-A(1), 8-5-98; Ord. 99-9(1), 11-10-99; Ord. 02-9(1), 11-6-02)
State law reference--Va. Code § 46.2-752.
Sec. 9-405 License fees tax--Prorating.
For new registrations only, the license fee tax
prescribed by this article shall be prorated monthly commencing with the month
in which such license fee tax first becomes due and payable.
Renewals, timely or otherwise, of previously registered vehicles, trailers or
semitrailers shall not be prorated. The license fee tax shall be
collected from and include that month on the basis of one-twelfth of the annual
license fee tax through each month remaining in the current
license year. The prorated license fee tax shall be rounded to
the nearest dollar. In no case, shall the amount of license fee tax
collected be less than two dollars ($2.00).
(Code 1967, § 12-94; 4-21-76; 6-7-89; Ord. of 3-20-91; Code 1988, § 12-26; Ord. 98-A(1), 8-5-98)
Sec. 9-406 License fees tax--Refunds.
Any person holding a current registration certificate and license
who has paid a license tax under this article who disposes of the
vehicle, trailer or semitrailer for which it was issued the tax was
paid and does not purchase another vehicle, trailer or semitrailer may
surrender the registration certificate and license permanent vehicle
decal or other indicia of license to the director of finance and may
request a prorated refund for the unused portion of the fee
license tax paid. The request for refund shall be accompanied by the
original license permanent vehicle decal or other evidence
satisfactory to the director of finance that the original license
decal has been destroyed. The director of finance shall refund to the
applicant one-half (1/2) of the total cost of the license if the application for
refund was made prior to the first day of July of the current license year or
one- third (1/3) of the total cost if the application for refund was made
subsequent to June thirtieth and prior to October first of the current license
year. No refund shall be paid when application is made after the thirtieth day
of September of the current license year. The director of finance shall
refund to the applicant one-twelfth (1/12) of the annual license tax for each
full month remaining in the current license year. The refund shall be
rounded to the nearest dollar. An amount of less than two dollars ($2.00) shall
not be refunded nor applied to any other fee, tax or amount due the County of
Albemarle.
(Code 1967, § 12-95; 4-21-76; 6-7-89; Ord. of 2-14-90; Ord. No. 96-12(1), 12-11-96; Code 1988, § 12-27; Ord. 98-A(1), 8-5-98)
Sec. 9-407 License fees tax--Disposition.
All license fees taxes collected pursuant to this
article shall be deposited by the director of finance in the general fund of the
county.
(Code 1967; § 12-96; 4-21-76; Ord. of 2-14-90; Code 1988, § 12-28; Ord. 98-A(1), 8-5-98)
No motor vehicle, trailer or semitrailer taxable under the
provisions of this article shall be licensed receive a permanent
vehicle decal unless and until the applicant for such license
decal shall have produced satisfactory
evidence that all personal property taxes on the motor vehicle, trailer or semitrailer to be licensed which have been assessed or are assessable against such applicant have been paid, and satisfactory evidence that any other delinquent manufactured home, motor vehicle, trailer or semitrailer personal property taxes owing by the applicant and which have been properly assessed or are assessable against the applicant have been paid.
(Code 1967, 12-97; 4-9-80; Ord. of 8-8-90; Code 1988, § 12-29; Ord. 98-A(1), 8-5-98)
Sec. 9-409 Duration.
The license tax year under the terms of this article shall
commence on the first day of January and shall expire on the thirty-first day of
December of the calendar year. The permanent decal shall be valid as long as
(1) the vehicle is normally garaged, stored, or parked in the county and owned
by the licensee, and (2) all license taxes assessed against the vehicle owner
pursuant to this article have been paid. Licenses for a preceding year
may be used without penalty during the month of January of a current license
year.
(Code 1967, § 12-98; Ords. (2) of 2-14-90; Code 1988, § 12-30; Ord. 98-A(1), 8-5-98)
Sec. 9-410 Display of license decal, etc.
Decals or other stickers issued pursuant to this article shall be
attached to the lower right-hand side of the windshield, or to such other
location as the director of finance shall direct on vehicles not equipped with
windshields displayed on the vehicle in accordance with state law and
regulation. A decal may not be attached to any motor vehicle, trailer or
semitrailer for which it has not been assigned.
(Code 1967, § 12-99; Ord. of 2-14-90; Code 1988, § 12-31; Ord. 98-A(1), 8-5-98)
Sec. 9-411 Transfer of license decal, etc. Decal for replacement
vehicle.
Any owner who sells or transfers a registered motor vehicle, trailer
or semitrailer, previously registered under the provisions of this article,
and acquires another vehicle of like class and weight may have the
license assigned to another vehicle of like design and titled in such owner's
name purchase a permanent vehicle decal for such replacement vehicle
upon application to the director of finance on forms prescribed by the director
of finance. The license prior decal, or evidence satisfactory to
the director of finance that the license prior decal has been
destroyed, must be returned with the application for transfer.
The fee for transfer a permanent vehicle decal for a replacement
vehicle shall be two dollars ($2.00).
(Code 1967, § 12-100; 4-9-80; 6-7-89; Ord. of 2-14-90; Code 1988, § 12-32; Ord. 98-A(1), 8-5-98)
Sec. 9-412 Duplicate license decal, etc.
In the event that any license decal issued under this
article shall be lost, stolen, mutilated or otherwise become illegible, the
owner of the vehicle, trailer or semitrailer shall make immediate application on
forms prescribed by the director of finance and obtain a duplicate or substitute
license decal. The fee for a duplicate license decal
shall be two dollars ($2.00). An owner shall be allowed to purchase one and
only one duplicate license for a specific vehicle, trailer or semitralier at two
dollars ($2.00). Additional duplicates must be purchased at the appropriate fee
for a new license.
(Code 1967, § 12-101; 6-7-89; Ord. of 2-14-90; Code 1988, § 12-33; Ord. 98-A(1), 8-5-98)
This ordinance shall be effective on and after January 1, 2006.