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HomeMy WebLinkAbout91-21 ORDINANCE N0. 91-21 AN ORDINANCE AMENDING THE MOTOR VEHICLE AND TRAFFIC PROVISIONS OF THE PULASKI TOWN CODE BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on August 20, 1991, that ChapteY 10, Article II of the Pulaski Town Code be, and the same hereby is, amended to be in the form attached hereto. This ordinance is effective upon adoption and is hereby adopted this 20th day of August, 1991, by recorded vote of the Pulaski Town Council as follows: Charles D. Crispin - Andrew L. Graham J. R. Schrader, Jr. - A~y°~e W. H. Schrader, Jr. _ _A,b~nt Mary Lou Copenhaver _ Aimee _ Alma H. Holston - James R. Neighbors A_ye _ Robert N. Glenn - ~_ TOWN OF PULASKI, VIRGINIA BY : C~ G~?~GDG~~ GARY HANCOCK, MAYOR Attest: Ruth A. Harrell Clerk of Council - 92 - PULASKI TOWN CODE ARTICLE II. VEHICLE LICENSES* Sec. 10-36. Required. {a) Except as otherwise provided in this article, the owner of every motor vehicle, trailer or semitrailer which is normally garaged, stored or parked in this town shall have such vehicle currently licensed by the town. If it cannot be determined whether such motor vehicle, trailer or semitrailer is normally garaged, stored or parked in this town, the domicile of the owner shall govern. (b) A person moving into the town shall become subject to the license required by this section immediately upon being required to buy a license, and shall buy the same not later than fifteen (15) days from the date upon which they become subject to the state license. (c} Any vehicle licensed by another municipality within this Commonwealth shall be subject to this article immediately upon the expiration of the valid license of the other municipality. (d) Any person purchasing or otherwise acquiring a vehicle which would be subject to this article shall purchase the required license . within ten (10) days of the purchase or acquirement. (e} A violation of this section shall be punishable by a fine not exceeding twenty dollars ($20.00). (Ord. of 10-15-85(II), SS (16.1-201), (16.1-203(e)-(g)) Sec. 10-37. Exceptions-Generally. No motor vehicle, trailer or semitrailer shall be required to be licensed by this town when: (1) The motor vehicle, trailer or semitrailer has been licensed in the Commonwealth by another city, county or town where it is normally garaged, stored or parked and such other license is still valid. (2} The motor vehicle, trailer or semitrailer was properly licensed by another city, county or town in the Commonwealth prior to being required to be licensed in this town and such other license is still valid. {3) The motor vehicle, trailer or semitrailer is owned by a nonresident of this town and is used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation other than that set forth in subsection (4) below. *Cross references-Licenses and business regulations, Ch.8, vehicljes for hire, S 8-171 et seq. State law references-Display of license plates, etc., Code of Virginia, S 46.1-64; local vehicle licenses, Code of Virginia S 46.1-65 et seq.; how license plates fastened to vehicle, Code of Virginia, ~"' S 46.1-107; license stickers or decals, Code of Virginia, S 46.1-291. • (4) The motor vehicle, trailer or semitrailer is owned by a nonresident and is used for transporting, into and within this town,: for the sale in person or by his employees of wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by him and not purchased by him for sale. (5) The motor vehicle, trailer or semitrailer is owned by an officer or employee of the Commonwealth who is a nonresident of this: town and who uses the vehicle in the performance of his duties for tlhe Commonwealth under an agreement for such use. (6) The motor vehicle, trailer or semitrailer is kept by a dealer or manufacturer for sale or for sales demonstrations. (7) The motor vehicle, trailer or semitrailer is operated by a common carrier of persons or property operating between cities and towns in this Commonwealth and not intratown transportation; or, between cities and towns on the one hand and points and places without cities and towns on the other and not in intratown transportation. (8) Any daily rental passenger vehicle, the rental of which is subject to the tax imposed by Code of Virginia, section 58.1-2402A4. (Ord. of 10-15.85(22), S (16.1-202); Ord of 2-18-86, S 1) State law reference - Similar provisions, Code of Virginia, 546.1-66 Sec. 10-37.1. Same-Active Volunteer fire fighters; Active Volunteer • Rescue Squad Members (a) In addition to any other fee or expense payments to which active volunteer fire fighters and active volunteer rescue squad members are entitled, such active fire fighter or active rescue squad member shall be entitled to one (1) free town license tag on such fire fighter's or rescue squad member's automobile without payment of the license tax imposed by this article. (b) The town manager is authorized to designate from time to time whether a special decal or license plate shall be used to designate such vehicles, or if the standard town license decal will be issued without charge. (c) The town treasurer is authorized and directed to issue the decal. or license so designated to such active volunteer fire fighters and active rescue squad members as are certified by the fire chief and rescue squad captain. (d) Nothing contained in this section shall authorize a refund of town license taxes paid prior to the enactment of this section. (Ord. of 10-7-86) Sec. 10-38. License tax - Due dates. • License taxes assessed pursuant to this article shall be due and.. payable on the fifteenth of September of each year and shall run from the first of September through the thirty-first of August of the next. succeeding year. The Town shall provide a minimum of thirty (30) days notice prior to the license tax due date. (Ord. of 10-15-85(II), S (16.1-203(a)) -94- Sec. 10-39. Same - Rates. (a) Rates to be paid to the treasurer for license plates, tags pr decals by owners of motor vehicles, trailers and semitrailers not designed and used for the transportation of passengers shall be determined by the gross weight of the vehicle when loaded to the max~.mum capacity for which it is licensed according to the schedule of fees feet forth in this section. Owners of all other vehicles shall pay for a license the sum provided in this section. (b) Rates will be set by the council from time to time. i (c) Maximum fee, Notwithstanding any other fees set forth in t is section, no fee shall be imposed by the town which exceeds the amoun~ of license tax imposed by the Commonwealth on such motor vehicle, trailer or semitrailer. If the town license fee imposed under this section exceeds such amount, then the town license fee shall be reduced to the same amount imposed by the Commonwealth. Sec. 10-40. Same--Proration. 'Whenever an owner is not assessable with a license tax on any vehicle until on or after the first of December, and prior to the fist of March in any current tax year, then he shall pay three-fourths of ;the tax required by this article; or whenever an owner is not assessable' with'a license tax until on or after the first of March and prior to!-.the • first of June in any year, then he shall pay one-half of the tax required by this article; or if he is assessable after the first of Jfune he shall pay one-quarter of the tax required for (1) year. Sec.'. 10-41. Same--Refund. (a) The town treasurer is authorized to refund a license tax in ', full upon proper evidence that a license was issued in error; provided, however, that any license so purchased in error must be surrendered to the town treasurer within fourteen (14) days of issuance in order fob a refund under this paragraph to be made. Sec. 10-42. Payment of vehicle personal property taxes prerequisite tJo issuance. No motor vehicle, trailer or semitrailer shall be licensed pursuant to this article, unless the applicant for such license produces satisfactory evidence that all personal property taxes upon such motoir vehicle, trailer or semitrailer to be licensed have been paid and also satisfactory evidence that any delinquent motor vehicle, trailer or semitrailer personal property taxes owing have been paid, which have been properly assessed or are assessable against the applicant by this town. Sec. 10-43. Certification prerequisite to issuance for taxicab. • No motor vehicle used as a taxicab shall be licensed pursuant to: this article, unless the applicant for such license has a current certificate of public convenience and necessity issued for such vehiCile pursuant to this Code. -95- TOWN OF PULASKI VEHICLE LICENSE FEES Automobiles - Passenger (not for hire) $20.00 Automobiles - Passenger (for hire) $ 5.00 plus S 0.50/100 lbs ($ 2 0 . 0 0 minimum) Motorcycles, Motorbikes, Motorscooters $ 8.00 Buses - Passenger $ 5.00 plus $0.50/100 lbs. Tractor-Trailer or Semi $ 1.00/1000 1b5. ($20.00 minimum} Trucks a. Less than 20,000 lbs. $20.00 b. More than 20,000 lbs. $ 1.00/1000 lbs. Trailers, Motor Homes, Mobile Dwellings $20.00 (Registered with brakes, over 2,000 lbs} • Boat Trailer, Utility Trailer $ 7.50 - 98 - I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia, do hereby certify that Ordinance 91-21 Amending the Motor Vehicles and Traffic Provisions of the Pulaski Town Code is a true and correct copy as adopted by the Town Council at their regular meeting on August 20, 1991. GZ~ Rut A. Harrell, Clerk of Council