HomeMy Public PortalAbout2005_01_25_O002 Amending Chapter 10 of the TC re Due Date for Vehicle License FeesThe Town of
Leesburg,
rg ma
ORDINANCE NO.
AN ORDINANCE:
2005-0-2
PRESENTED
ADOPTED
January_ 25, 2005
January 25, 2005
AMENDING TOWN CODE ARTICLE II (VEHICLE LICENSES) OF
CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) BY CHANGING
THE DUE DATE FOR THE PAYMENT OF A LICENSE FEE ON ALL
MOTOR VEHICLES NORMALLY HOUSED, GARAGED, STORED,
OR PARKED WITHIN THE TOWN AND BY PROVIDING FOR
PARTICIPATION IN THE NORTHERN VIRGINIA DECAL
ENFORCEMENT COMPACT.
WHEREAS, the town's vehicle decals expire on April 15 (the "license year runs from
April 16 of one year to April 15 of the next year) and the town sends out annual renewal notices
on March 1; and
WHEREAS, the current process often produces long waiting lines and necessitates the
hiring of additional personnel and payment of overtime to regular employees; and
WHEREAS, staff recommends amending the Town Code, Article II (Vehicle Licenses)
of Chapter 10 (Motor Vehicles and Traffic) by changing the vehicle decal renewal due date from
April 15 to November 15, thereby simplifying the verification of personal property tax payment
prior to the issuance of a vehicle decal, allowing easier enforcement of actions against tax and
decal violators, eliminating long lines at Town Hall, and eliminating costs for extra personnel;
and
WHEREAS, this change would be implemented by shortening the next license year from
12 months to seven months (April 16 to November 15) for a pro-rated fee.
THEREFORE ORDAINED, that the Council of the Town of Leesburg in Virginia hereby
amends Article II, Chapter 10, of the Town Code, as follows:
AN ORDINANCE:
2
AMENDING TOWN CODE ARTICLE II (VEHICLE LICENSES) OF
CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) BY CHANGING THE
DUE DATE FOR THE PAYMENT OF A LICENSE FEE AND BY
PROVIDING FOR PARTICIPATION IN THE NORTHERN VIRGINIA
DECAL ENFORCEMENT COMPACT.
SECTION I. That Article II, Chapter 10 of the Town Code is hereby amended to
follows:
Sec. 10-40. Imposition of fee.
By and under the authority granted under Section 46A-6-5 46.2-752, Code of Virginia, the
town hereby imposes a license fee on all motor vehicles normally housed, garaged, stored
or parked within the town except vehicles used by a dealer or manufacturer for sales
purposes. Such fee is imposed upon every such motor vehicle, including but not limited
to, automobiles, trucks and motorcycles used or intended to be regularly operated upon
the highways in the town.
Sec. 10-41. Amount of fee; where fee paid and license purchased.
(a) The fee for such license for the license period commencing April 16, 2005 and
ending November 15, 2005, shall be fifteen dollars ($15.00). The fee for such license
period for motorcycles shall be nine dollars ($9.00). For the license period commencing
November 16, 2005, and for each license period thereafter, the annual license fee for
motor vehicles shall be twenty-five dollars ($25.00) and the annual license fee for
motorcycles shall be fifteen dollars ($15.00).
(b) The fee for licenses shall be one dollar ($1.00) for persons who are nonresidents
of the State in the military service of the United States and living within the State as a
result of military orders within the meaning of the Soldiers and Sailors Relief Act. Such
persons shall display proof of their military_ status by displaying an appropriate ID card or
similar identification and a registration card showing the vehicle to be registered solely in
the name or names of nonresident military_ personnel.
(c) The licenses shall be purchased from the office of the director of finance.
Sec. 10-42. Proration of fee.
In the event that any person makes application for a motor vehicle license under the
i arti · ~,' T ........
prov sions of this cie ......... ...... day ........ . , .............
before May 15 in any year, the full license fee prescribed herein shall be collected. If the
motor vehicle is subject to licensing under this section after May 15 but prior to July 1 in
AN ORDINANCE:
-3-
AMENDING TOWN CODE ARTICLE II (VEHICLE LICENSES) OF
CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) BY CHANGING THE
DUE DATE FOR THE PAYMENT OF A LICENSE FEE AND BY
PROVIDING FOR PARTICIPATION IN THE NORTHERN VIRGINIA
DECAL ENFORCEMENT COMPACT.
any year, one-half of the license fee prescribed herein shall be collected. If the motor
vehicle is subject to licensing under this section on or after July 1 of any year, the license
for the ensuing year shall be issued and the full license fee prescribed herein collected.
Sec. 10-43. Payment of personal property taxes prerequisite to licensing.
No vehicle upon which a license fee is imposed by this article shall be licensed under this
article unless and until the applicant for the license shall have produced, before the town
t,-easm~ director of finance or other agent appointed for the purpose, satisfactory
evidence that all personal prope taxes '..v.,- ~u .... u;~ ,.. ~.~ n ..... a u .... ~. ..... ~a
on any or all vehicles titled to the app]icant solely or jointly have been paid.
Sec. 10-44. Period of liCense; When available for purchase.
The period which a motor vehicle license provided for in this article shall cover shall be
from the sixteenth day of April °f each year through the fifteenth day of April of the
following year. However, the license required to be purchased for the licensure period
beginning April 16, 2005 shall be valid only until November 15, 2005. The repurchase of
licenses for the licensure period in each succeeding year thereafter shall be required on or
before October 5 of each succeeding year and the license shall be displayed on the
vehicle windshield before November 16 of each succeeding year~ Licenses shall be
available not later than the fifteenth day cf March July 1 for the ensuing year.
Sec. 10-45. Issuance of decal.
Upon applicatiOn to the town treasurer director of finance or other agent of the town
appointed for the purpose, for a motor vehicle license under the provisions of this article,
upon forms provided therefor, and upon the payment of the requisite fee therefor to the
.............. r director of finance or such agent, the ~ director or such agent shall
issue a license decal.
Sec. 10-46. Display of decal required for operation of motor vehicle.
(a) No person, whether or not the owner of title to any motor vehicle upon which the
license fee provided for by this article is imposed, shall operate such motor vehicle on or
over the streets of the town unless a license decal issued for the current license period is
displayed on such motor vehicle. License decals shall be attached to the front windshield,
adjacent to the inspection sticker, and no higher than three inches from the bottom.
(b) Any person Who operates a motor vehicle, required to display a license decal
under this article, on or over the streets of the town when such vehicle does not display a
AN ORDINANCE:
4
AMENDING TOWN CODE ARTICLE II (VEHICLE LICENSES) OF
CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) BY CHANGING THE
DUE DATE FOR THE PAYMENT OF A LICENSE FEE AND BY
PROVIDING FOR PARTICIPATION IN THE NORTHERN VIRGINIA
DECAL ENFORCEMENT COMPACT.
license decal for the current license period shall be guilty a ,..m. ;.c~__~,~_
...................... of a traffic
violation, punishable by a fine of not more than $100.00.
(c) Any person who, with fraudulent intent, alters, forges or misuses a decal issued
pursuant to subsection (a) hereof shall be guilty of a Class 1 misdemeanor. The owner of
a vehicle, who operates the vehicle while it displays an altered, forged, or mi~qused decal
shall be presumed to be responsible for such alteration, forgery or misuse.
Sec. 10-47. Enforcement of cross-jurisdictional decal requirements.
Pursuant to Section 46.2-752(K) of the Code of Virginia of 1950, as amended, and the
Regional Compact for Cross-Jurisdictional Motor Vehicle License Enforcement, and the
Northern Virginia Compact for Local Motor Vehicle License Enforcement:
(a) Any owner or operator of a motor vehicle who is required to display a valid local
license for that vehicle by any participating jurisdiction must display such license at all
times while such vehicle is operated or parked in the Town of Leesburg.
(b) Any vehicle exempt in all of the participating jurisdictions from imposition of the
license tax or fee under Secti°n 46.2-755(A) of the Code of Virginia of 1950, as
amended, is exempt from this section.
(c) A violation of this section shall constitute a Class 4 misdemeanor.
(1) When the operator is the owner of the cited vehicle, such violation shall be
discharged by payment of the reqUisite fine and presentation of satisfactory_
evidence that the required license has been obtained.
(2) When the operator is not the owner of the cited vehicle, the violation may
be discharged by payment of the requisite fine.
Sec. 10-48. Replacement of lost, etc. decals.
AN ORDINANCE:
5
AMENDING TOWN CODE ARTICLE H (VEHICLE LICENSES) OF
CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) BY CHANGING THE
DUE DATE FOR THE PAYMENT OF A LICENSE FEE AND BY
PROVIDING FOR PARTICIPATION IN THE NORTHERN VIRGINIA
DECAL ENFORCEMENT COMPACT.
If any license issued under this chapter is lost or mutilated due to error attributable to the
town, the person who is entitled thereto shall, within 30 days, make application to obtain
a substitute therefore upon furnishing information of such fact satisfactory to the director
of finance and upon payment of a fee of one dollar ($1.00) to the director or other
appointed agent. In the event that any license decal issued under the provisions of this
article shall be lost or mutilated or shall become illegible, the person who is entitled
thereto shall, within. 30 days, make immediat~ application for and obtain a substitute
therefor, upon furnishing information of such fact satisfactory to the ~
director of finance, and upon the payment of a fee of $10.00 to the t~a~eae,~-~ director
or other agent of the town appointed for that purpose.
Sec. 10-49. License not transferable; issuance of license for replacement vehicle.
Licenses issued under the provisions of this article shall not be transferable as between
persons or vehicles. When a vehicle is replaced during the license year, a fee of $1.00
will be charged for the issuance of a license for the remainder of the year. An affidavit
must be filed with the ~,,4r~asa~ director of finance, certifying that the original
license has been destroyed. The original receipt or the original license must be presented
for the issuance of a license for the replacement vehicle.
Sec. 10-50. Exemptions.
(a) There shall be exempt from the operation and requirements of this article all
vehicles exempted from the imposition of state, county, city and town license as
registration fees under the provisions ,,r ~.~;~.~ !, ~.~ -~ ~r,~ 46.1 Section 46.2-752,
Code of Virginia.
(b) The provisions of this article shall not apply to a motor vehicle owned and used
personally by a disabled veteran and upon which is displayed a special permanent plate in
accord with the provisions of Section 46A-t49A- 46.2-739, Code of Virginia.
(c) The fee for the motor vehicle license decal is waived for vehicles owned by the
volunteer fire company and rescue squad and for vehicles owned by members of the
Leesburg Volunteer Fire Company, Inc., and Loudoun County Volunteer Rescue Squad
who are listed by the Loudoun County Department of Fire and Rescue Services as active
members. For purposes of this section, "active member" shall mean any individual who
qualifies as an "Active Volunteer Member" under "Length of Service Plan for Volunteers
of Fire and Rescue Services." The application for a license by any such individual shall
be accompanied by certification from the Loudoun County Department of Financial
Services that the individual is an active member, as defined above. The exemption shall
be limited to one qualifying vehicle per member. No individual shall be issued more than
one license per year without fee under this section.
AN ORDINANCE:
6
AMENDING TOWN CODE ARTICLE II (VEHICLE LICENSES) OF
CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) BY CHANGING THE
DUE DATE FOR THE PAYMENT OF A LICENSE FEE AND BY
PROVIDING FOR PARTICIPATION IN THE NORTHERN VIRGINIA
DECAL ENFORCEMENT COMPACT.
Sec. 10-51. Application of revenue derived under article.
The revenue derived from all motor vehicle licenses under the provisions of this article
shall be applied to general municipal purposes.
Sec. 10-52. Enforcement of licensing and registration requirements on private property.
The police officers or other uniformed employees of the police department may, with the
consent of the landowner, patrol the landowner's property to enforce the state or town
motor vehicle registration and licensing requirements.
Police officers may patrol streets and roads within subdivisions of real property which are
maintained by the owners of the lots within any such subdivision, or any association of
such owners, upon the request or consent of such owners or association of such owners to
enforce the provisions ...... v ......... e,-- = ~ ................... e~ ........ ~
T~'*~ ...... a~ I .......... ~r,h~ ~ hca Section 46.2-752, Code of Virginia, as mended, ~d to the extent
tha said ~ section has been adopted as a p~ of this Code.
Sec. 10-52. Penalty.
Unless otherwise provided herein, whoever violates any of the provisions of this chapter
shall be fined not more than one hundred dollars ($100.00) for each offense. No
violation of this chapter by the owner of a vehicle shall be discharged by payment of the
fine, except upon presentation of satisfactory evidence that the license required by this
chapter has been obtained.
Failure to respond to a citation for a violation of this chapter may result in license
suspension, vehicle impoundment, vehicle immobilization or civil action.
SECTION II. That this ordinance shall be in effect upon passage.
PASSED this 25th day of January_ 2005.
ATTEST:
lei:k ot? Qouncil -- -
x'Krist~ C. l~mstattd, M~yor ' (
Town of Leesburg
O05decalamend