ORDINANCE NO.  08-9(1)

 

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, 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 I,In General, and Article IV, County Vehicle Licenses, is hereby amended and reordained as follows:

 

By Amending:

Sec. 9-118         Removal or immobilization of vehicles with outstanding parking violations – Enforcement of parking regulations; notice of violations; waiver of trial; contesting charges; penalties

Sec. 9-401         Violations

Sec. 9-403         Application for decal; payment of tax; issuance of decal

Sec. 9-406         License tax – Refunds

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

Sec. 9-409         Duration

 

By Repealing:

Sec. 9-410         Display of license decal, etc.

Sec. 9-411         Decal for replacement vehicle

Sec. 9-412         Duplicate license decal, etc.

 

CHAPTER 9.  MOTOR VEHICLES AND TRAFFIC

 

ARTICLE I.  IN GENERAL

 

Sec. 9-118  Removal or immobilization of vehicles with outstanding parking violations—Enforcement

                    of parking regulations; notice of violations; waiver of trial; contesting charges; penalties.

 

            A.         Police officers and other uniformed personnel designated by the chief of police to enforce the parking provisions of this code shall post a written notice of violation on the windshield of each vehicle found illegally parked.  Such notice of violation shall state that the recipient of the notice may elect to waive his or her right to appear and be tried for the offense or offenses indicated in the notice.   

 

            B.         Persons desiring to waive trial may do so by voluntarily remitting to the office of the director of finance the amount of the fine stipulated for each violation marked on the notice.  Such fines shall be levied in accordance with the schedule set forth in paragraph (E) of this section.  If the required amount is not received in the office of the director of finance or mailed and postmarked within forty-eight hours after the notice of violation is issued, the amount of the applicable fine shall be doubled.

 

            C.         Whenever the fines are paid by mail, the responsibility for receipt of the payment by the director of finance shall lie with the registered owner of the vehicle parked in violation.  Payment may be made by personal check; provided, that if such check is returned for insufficient funds, the vehicle owner shall remain liable for the parking violations, and shall likewise be subject to a service charge of twenty-five dollars ($25.00) for processing the returned check.

 

            D.         Any recipient of a notice of violation desiring to contest the charges cited in the notice shall appear at the office of the director of finance and, on forms provided by the director of finance, file a written request for administrative review and dismissal of the charges.  The facts of the request shall be reviewed and commented upon by a representative of the director of finance and a representative of the police department, who shall recommend whether the request should be approved or denied.  Acting on such request and recommendation, the attorney for the commonwealth or his assistant shall decide whether the charge shall be dismissed.  The recipient of the notice shall indicate on the request for review whether a hearing in court is demanded in the event the request for dismissal is denied.  If the request for review is made within forty-eight (48) hours of the violation, the recipient shall have an additional forty-eight (48) hours after denial of the request to remit the fine, before the amount thereof is doubled.

            E.         The schedule of fines shall be as follows:

 

            Offense

Paid before 96 hours

Paid after 96 hours

Parking on Sidewalk

$10.00

$20.00

Blocking Driveway

$10.00

$20.00

Park within 15 feet of fire hydrant

$10.00

$20.00

Park within bus zone

$10.00

$20.00

Park in crosswalk

$10.00

$20.00

Double Parking

$10.00

$20.00

Parking in Fire Lane

$25.00

$50.00

Parking in loading  zone

$10.00

$20.00

Parking in prohibited zone

$10.00

$20.00

Overtime parking

$5.00

$10.00

Parking within 50 feet of railroad crossing

$10.00

$20.00

Parking alongside or opposite street obstruction or excavation

$10.00

$20.00

Parking on bridge

$10.00

$20.00

Parking where prohibited

$10.00

$20.00

No County Decal

$25.00

$50.00

Handicapped Parking

$100.00

$200.00

 

            F.         Any vehicle owner who fails to respond to a notice of violation, either by paying the stipulated fines or by filing a request for review or hearing with the director of finance within ten days, shall be subject to summons and arrest pursuant to Virginia Code § 46.2-941.

 

(10-11-89; Ord. of 6-9-93; Code 1988, § 12-9.1; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 46.2-1225.

 

ARTICLE IV.  COUNTY VEHICLE LICENSES

 

Sec. 9-400 Vehicle license tax imposed.

 

            There is hereby levied a license tax upon every person owning a motor vehicle, trailer or semitrailer 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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

            State law reference--Va. Code § 46.2-752.

 

Sec. 9-401 Violations.

 

            It shall be unlawful for any owner or operator of a motor vehicle, trailer, or semitrailer to fail to obtain and display a valid local decal license, as required by this article.  Law enforcement officers may issue citations, summonses, or warrants, parking tickets or uniform traffic summonses for violations.  A violation of this article shall constitute a Class 4 misdemeanor.  may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license tax has been paid.  The procedure for enforcement of 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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

                State law reference--Va. Code § 46.2-752(G).

 

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)

 

            State law reference--Va. Code §§ 46.2-663 through 46.2-683, 46.2-696, 46.2-750, 46.2-751, 46.2-755.

 

Sec. 9-403 Application for decal; payment of tax; issuance of decal, etc New vehicles required to obtain a license.

 

            A.         Every person owning a motor vehicle, trailer, or semitrailer 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 permanent vehicle decal for that vehicle provided that:

 

                        1.         The vehicle is licensed by the county on December 31, 2005; and

 

                        2.         All local taxes specified in section 9-408 have been paid.

 

            B.         Every person owning a motor vehicle, trailer or semitrailer 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 permanent vehicle decal for such vehicle pursuant to paragraph (A) above, shall make application for and procure a county motor vehicle decal for that vehicle.  The application for the 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 decal is to be issued. The license tax shall be paid to the director of finance.  Upon the payment of the license tax and of all local taxes specified in section 9-408, the director of finance shall issue to the applicant a 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 decal vehicle license within thirty (30) days of the purchase date or the date the owner moved into the county. 

 

(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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

                State law reference--Va. Code § 46.2-752(I).

 

Sec. 9-404 License tax--Amounts.

 

            A.         On all motor vehicles, except as otherwise specifically provided in this article, there shall be an annual license tax based on gross vehicle weight.  The license tax shall be thirty-eight dollars and fifty cents ($38.50) for vehicles with gross vehicle weights of four thousand (4,000) pounds or less and forty-three dollars and fifty cents ($43.50) 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 tax of twenty-six dollars and fifty cents ($26.50).

 

            C.         On every trailer or semitrailer not designed and used for transportation of passengers, there shall be an annual license tax as follows:

 

                        Gross Weight                 Annual Tax

                        0 - 1,500 lbs.                   $19.50

                        1,501 lbs. and above         $30.00

 

            D.         In the case of a combination of a tractor-trailer or semitrailer, each vehicle constituting a part of such combination shall be 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 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; Ord. 05-9(2), 12-7-05, effective 1-1-06; Ord. 07-9(2), 12-5-07, effective 1-1-08 )

 

State law reference--Va. Code §§ 46.2-694(A), 46.2-694.1, 46.2-752, 46.2-1168.

 

Sec. 9-405 License tax--Prorating.

 

            For new registrations only, the license tax prescribed by this article shall be prorated monthly commencing with the month in which such license tax first becomes due and payable.  Renewals, timely or otherwise, of previously registered vehicles, trailers or semitrailers shall not be prorated.  The license tax shall be collected from and include that month on the basis of one-twelfth of the annual license tax through each month remaining in the current license year.  The prorated license tax shall be rounded to the nearest dollar.  In no case, shall the amount of license 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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

            State law reference--Va. Code § 46.2-752(A).

 

Sec. 9-406 License tax--Refunds.

 

            Any person who has paid a license tax under this article who disposes of the vehicle, trailer or semitrailer for which the tax was paid and does not purchase another vehicle, trailer or semitrailer may surrender the permanent vehicle decal or other indicia of license to the director of finance and may request a prorated refund of the license tax paid.  The request for refund shall be accompanied by the permanent vehicle decal or other evidence satisfactory to the director of finance that the original decal has been destroyed.  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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

            State law reference--Va. Code § 46.2-752(A).

 

Sec. 9-407 License tax--Disposition.

 

            All license 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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

Sec. 9-408 Decal License 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 receive a permanent vehicle decal license unless and until the applicant for such decal license 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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

            State law reference--Va. Code § 46.2-752(C).

 

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.

 

(Code 1967, § 12-98; Ords. (2) of 2-14-90; Code 1988, § 12-30; Ord. 98-A(1), 8-5-98; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

Sec. 9-410 Display of license decal, etc.  Reserved.

 

            Decals or other stickers issued pursuant to this article shall be 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.

 

            The display of a local decal or sticker shall not be required on any vehicle owned by a public service company, as defined in Virginia Code § 56-76, having a fleet of at least 2,500 vehicles garaged in the Commonwealth.

 

(Code 1967, § 12-99; Ord. of 2-14-90; Code 1988, § 12-31; Ord. 98-A(1), 8-5-98; Ord. 05-9(2), 12-7-05, effective 1-1-06; Ord. 07-9(1), 10-3-07)

 

Sec. 9-411 Decal for replacement vehicle.  Reserved.

 

            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 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 prior decal, or evidence satisfactory to the director of finance that the prior decal has been destroyed must be returned with the application.  The fee for 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; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

 

Sec. 9-412 Duplicate license decal, etc.  Reserved.

 

            In the event that any 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 decal.  The fee for a duplicate decal shall be two dollars ($2.00). 

 

(Code 1967, § 12-101; 6-7-89; Ord. of 2-14-90; Code 1988, § 12-33; Ord. 98-A(1), 8-5-98; Ord. 05-9(2), 12-7-05, effective 1-1-06)

 

           

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