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

 

ARTICLE IV.  COUNTY VEHICLE LICENSES

 

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)

 

Sec. 9-408 License Decal not to be issued until all personal property taxes are paid.

 

            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.

 

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