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2011_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 -2- 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 -3- 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. -4- 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 -5- C. m stattd, ayor Town of Leesburg