Suggested Motion: “I move the ORDINANCE repealing Sec. 15-36 through Sec. 15-38 of the City Code, thereby repealing vehicle license fees for certain motor vehicles, trailers, and semi-trailers.” ORDINANCE Repealing Sec. 15-36 through Sec. 15-38 of the City Code, thereby repealing vehicle license fees for certain motor vehicles, trailers, and semi-trailers BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that: Sec. 15-36 through Sec. 15-38, of the Code of the City of Charlottesville, 1990, as amended, are hereby repealed and reordained as follows: CHAPTER 15. MOTOR VEHICLES AND TRAFFIC ARTICLE II. – LOCAL VEHICLE LICENSE Secs. 15-36—15-38. - Reserved. Sec. 15-36. License required. (a) Subject vehicles. For each and every calendar year, every person who owns or leases any motor vehicle, trailer or semitrailer that is normally garaged, stored or parked within the city for all or a portion of that year shall obtain a city license for such motor vehicle, trailer or semitrailer. If persons administering the provisions of this ordinance cannot determine where such motor vehicle is normally garaged, stored or parked, then such person shall be required to obtain a city license for the motor vehicle, trailer or semitrailer if they are a domiciliary of the City of Charlottesville. (b) Grace period. The owner of the subject motor vehicle, trailer or semitrailer shall contact the commissioner of the revenue, in order to register for the license(s) required by this section within thirty (30) days of (i) purchasing a state license plate for such motor vehicle, trailer or semitrailer, or (ii) becoming a resident of the city. (c) Application. Submission of the personal property tax return referenced within section 30-35 of the City Code shall constitute application for the license required by this section (d) Approval. The license(s) required by this section shall be deemed granted upon (i) the city's receipt of the return required by section 30-35 of the City Code and payment of the license fee(s) required by section 15-37, below, and (ii) the city's receipt of payment in full of all personal property taxes which have been assessed with respect to the motor vehicle, trailer or semitrailer to be licensed. No motor vehicle, trailer or semitrailer shall be deemed licensed by the city until its owner has produced satisfactory evidence that all personal property taxes on such motor vehicle, trailer or semitrailer to be licensed have been paid, as well as satisfactory evidence that any delinquent personal property taxes owing have been paid. Sec. 15-37. License fee. (a) Fee established. The license fee(s) required by this section shall be in addition to any personal property or other taxes applicable to the subject motor vehicle, trailer or semitrailer. (b) The annual fee for the licenses required by section 15-36 shall be as set forth below: License Type Situs Date Situs Date Situs Date Situs Date Jan. 15—Mar. 31 April 1—June 30 July 1—Sept. 30 Oct. 1—Dec. 15 Amount ($) Amount ($) Amount ($) Amount ($) Passenger car, 4,000 $28.50 $21.35 $14.25 $7.10 pounds or less Passenger car, more than 33.50 25.10 16.75 8.35 4,000 pounds, and trucks Motor vehicles operated or used for rent or hire, up to 13,000 pounds: 5,499 or less 22.70 17.00 11.35 5.65 5,500—10,000 29.35 22.00 14.65 7.30 10,001—10,499 30.70 23.00 15.35 7.65 10,500—11,000 32.40 24.30 16.20 8.10 11,001—11,499 33.90 25.40 16.95 8.45 11,500—12,000 35.75 26.80 17.85 8.90 12,001—12,499 37.35 28.00 18.65 9.30 12,500—13,000 39.40 29.55 19.70 9.85 Motor vehicles operated 69.40 52.05 34.70 17.35 or used for rent or hire, more than 13,000 pounds Motorcycles 8.50 6.35 4.25 2.10 Trailers and semitrailers: Registered gross weight 10.00 7.50 5.00 2.50 (pounds) 1,500 or less Registered Gross 20.50 15.35 10.25 5.10 Weight (pounds) 1,501— 4,000 More than 4,000 25.50 19.10 12.75 6.35 (c) When fee dues and payable. License fees for all vehicles shall be due and payable on the same due date as that of the first tax bill for each license year. If any license fee owed pursuant to this article is not paid on or before its due date, then the treasurer may add the cost of any fee incurred by the city pursuant to § 46.2-752(J), to the license fee due and owing to the city. (d) Proration. The annual license fee required for a motor vehicle or trailer that acquires a situs within the city during the license year shall be as set forth in the table in section 15-37(b), above. When any motor vehicle or trailer loses its situs in the city or changes ownership after January 15 and before October 1 of the license year, any vehicle license fee assessed on such vehicle shall be relieved, and any amount of the vehicle license fee already paid shall be refunded, on a prorated basis as set forth in the table in section 15-37(b), above, for the remaining portion of the license year; provided, however, that in the case of a change in situs, a refund shall be made only if a similar license fee for the same period has been assessed on the motor vehicle or trailer in another jurisdiction and proof is received of payment of said assessment. (e) Conflict with state law. Nothing in this section shall be construed as imposing a license fee on any such vehicle in excess of the amount authorized by state law. (f) Collection. The city treasurer shall, after the due date of any license fee required by this section, collect such license fee in accordance with the provisions of § 58.1-3919 of the Virginia Code and any other applicable state law. Additionally, the treasurer shall have the authority to take action any authorized by § 46.2-752(J) of the Virginia Code. Sec. 15-38. Exemptions. (a) The following shall be exempt from the annual license and license fee required by this article: (1) One (1) motor vehicle owned by any member in good standing of the volunteer organizations known and designated as the Charlottesville Fire Company and the Charlottesville-Albemarle Rescue Squad, and every member in good standing of an Albemarle County Volunteer Fire Company who resides within the corporate limits of the city. In determining the availability of this exemption with respect to a particular motor vehicle, the treasurer shall utilize the membership list provided to the commissioner of revenue pursuant to section 30-39 of the City Code. Any person who ceases to be a member in good standing of any such organization shall pay the appropriate license tax on such vehicle for the balance of the license year, prorated on the same basis as provided in section 15-37(d), above. (2) Any motor vehicle, trailer or semitrailer owned by the Charlottesville Fire Company and the Charlottesville-Albemarle Rescue Squad. (3) Any motor vehicle referenced within § 46.2-755 of the Virginia Code; (b) The exemption authorized by this section shall be denied to an otherwise qualified person, if such person has failed to timely pay personal property taxes due and owing with respect to any motor vehicle owned by such person.