HomeMy Public PortalAbout2011_06_14_O014 Permanent DecalsThe Town of
Leesburg,
Virginia
ORDINANCE NO. 2011 -0 -014 ADOPTED
Sec. 32 -84. Amount of fee; where fee paid and permanent decal license purchased.
PRESENTED
June 14, 2011
June 14, 2011
AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 32, ARTICLE III OF THE
CODE OF THE TOWN OF LESBURG, VIRGINIA, 2009, AS
AMENDED AND SECTION 32 -91 OF APPENDIX B, FEE SCHEDULE
REGARDING VEHICLE LICENSES
WHEREAS, Code of Virginia §46.2 -752 and 46.2 -755 provide authority for Town of
Leesburg to access and collect vehicle license taxes and fees; and
WHEREAS, Town Council wishes to eliminate the requirement for annual removal and
application of decals while maintaining the revenue generated by annual license fees; and
WHEREAS, implementation of a permanent vehicle decal has identified the need for code
changes to clarify and give definition to various sections of Chapter 32, Article III of the code; and
WHEREAS, the Leesburg Town Council conducted a public hearing on June 14, 2011
regarding implementation of a permanent vehicle decal program.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That Chapter 32, Article III (Vehicle Licenses) of the Town of Leesburg
Code, be and the same is hereby amended to read as follows:
Sec. 32 -83. Imposition of fee.
By and under the authority granted under Code of Virginia, 46.2 -752, the town hereby imposes
a license fee on all motor vehicles, trailer or semitrailer 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, trailer or semitrailer including but not limited to,
automobiles, trucks and motorcycles used or intended to be regularly operated upon the
highways in the town.
Sec. 32-87. Duration
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AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 32, ARTICLE III OF THE
CODE OF THE TOWN OF LESBURG, VIRGINIA, 2009, AS
AMENDED AND SECTION 32 -91 OF APPENDIX B, FEE SCHEDULE
REGARDING VEHICLE LICENSES
(a) The annual license fee for motor vehicles and motorcycles shall be as established by the
town council.
(b) The fee for licenses 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 shall be as established by the town council. 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 of
nonresident military personnel.
(c) The license fee shall be paid and a permanent decal license shall be purchased from the
office of the director of finance.
Sec. 32 -85. Proration of fee.
In the event that any person makes application for a motor vehicle license under the provisions of
this article on or 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 any year, one -half of the license fee prescribed herein shall be collected. If
Sec. 32 -86. Payment of personal property taxes prerequisite to licensing obtaining a permanent
decal.
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 director of finance
or other agent appointed for the purpose, satisfactory evidence that all personal property taxes on
any or all vehicles titled to the applicant solely or jointly have been paid.
the cnsuing year.
The license fee year under the terms of this article shall commence from November 16 of each
year through November 15 of the following year. The permanent decal shall be valid as long as
(1) the vehicle is normally garaged stored or parked in the town and owned by the licensee, and
(2) all license fees and taxes accessed against the vehicle owner pursuant to this article have been
paid.
Sec. 32 -88. Display of permanent 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
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AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 32, ARTICLE III OF THE
CODE OF THE TOWN OF LESBURG, VIRGINIA, 2009, AS
AMENDED AND SECTION 32 -91 OF APPENDIX B, FEE SCHEDULE
REGARDING VEHICLE LICENSES
the town, unless a permanent license decal issued is displayed on
such motor vehicle. Permanent 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 permanent license decal
under this article, on or over the streets of the town when such vehicle does not display a
permanent license decal for the current license period shall be guilty 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 permanent decal issued
pursuant to subsection (a) of this section shall be guilty of a class 1 misdemeanor. The owner of
a vehicle, who operates the vehicle while it displays an altered, forged, or misused permanent
decal shall be presumed to be responsible for such alteration, forgery or misuse.
Sec. 32 89. Enforcement of cross jurisdictional decal requirements.
enforcement:
tax or fcc under Codc of Virginia, 16.2 755(A) is excmpt from this section.
h bee o bt a i n ea
Sec. 32 -90. Issuance of permanent decal.
Upon application to the 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 director of finance or such agent, the
director or such agent shall issue a permanent license decal.
No motor vehicle, trailer or semitrailer taxable under the provisions of this article shall receive a
permanent decal unless and until the applicant for such permanent decal shall have produced
satisfactory evidence that all personal property taxes on the motor vehicle, trailer or semitrailer
to be licensed which have been accessed or are assessable against such applicant have been paid
and satisfactory evidence that any other delinquent personal property taxes owing by the
applicant and which have been properly assessed or are assessable against the applicant have
been paid.
AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 32, ARTICLE III OF THE
CODE OF THE TOWN OF LESBURG, VIRGINIA, 2009, AS
AMENDED AND SECTION 32 -91 OF APPENDIX B, FEE SCHEDULE
REGARDING VEHICLE LICENSES
Sec. 32 -91. Replacement of lost, etc., decals.
If any permanent license decal 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 therefor upon furnishing information of such fact satisfactory to the director
of finance and upon payment of a fee in the amount established by the town council 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 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 in the amount established by the town council to the director or other agent of the town
appointed for that purpose.
Sec. 32 -92. License not transferable; issuance of license for replacement vehicle.
Permanent decals 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 in the
amount established by the town council will be charged for the issuance of a permanent decal
license for the remainder of the year. An affidavit must be filed with the director of finance,
certifying that the original prior decal license has been destroyed. The original receipt or the
original permanent decal license must be presented for the issuance of a permanent decal license
for the replacement vehicle.
Sec. 32-93. 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 of Code of Virginia, 46.2 -752.
(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 Code of Virginia, 46.2 -739.
(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 Fire
Company, Inc., and the county volunteer rescue squad who are listed by the county department
of fire and rescue services as active members. For purposes of this section, the term "active
member" means 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 county department of financial services
that the individual is an active member. 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.
Sec. 32 -94. Penalty.
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AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 32, ARTICLE III OF THE
CODE OF THE TOWN OF LESBURG, VIRGINIA, 2009, AS
AMENDED AND SECTION 32 -91 OF APPENDIX B, FEE SCHEDULE
REGARDING VEHICLE LICENSES
(a) Unless otherwise provided herein, whoever violates any of the provisions of this article shall
be guilty of a class 4 misdemeanor. No violation of this article 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.
(b) Failure to respond to a citation for a violation of this article may result in license suspension,
vehicle impoundment, vehicle immobilization or civil action.
SECTION II. That Section 32 -91 of APPENDIX B FEE SCHEDULE be and the same is
hereby amended to read as follows:
Sec. 32 -91. Replacement of lost, etc., vehicle license decals:
(2) If lost or mutilated or illegible: X0.00 $5.00.
SECTION III. This Ordinance shall become effective upon the date and at the time of its
final passage.
SECTION IV. If any provision of this ordinance is declared invalid, the decision shall
not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance.
PASSED this 14 day of June, 2011.
ATTEST:
Clerk of CounciD
P: \Ordinances\2011 \0614 Permanent Vehicle Decals.doc
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C. m stattd, ayor
Town of Leesburg