[Added 10-28-1987; amended in its entirety 1-14-2009]
The terms "motor vehicle," "owner" or "operator"
when used in this article shall, for the purpose of this article,
have the meanings respectively ascribed to them in § 46.2-100
of the Code of Virginia, 1950, as amended, which is adopted herein
as far as necessary by this reference, except in those instances where
the context clearly indicates a different meaning.
Every motor vehicle which is normally garaged,
stored or parked in the County or every motor vehicle for which it
cannot be determined where such motor vehicle is normally garaged,
stored or parked and the domicile of the owner or operator thereof
is in the County shall be licensed in the County, except such motor
vehicles which are exempt from this requirement as provided in § 46.2-755
of the Code of Virginia, 1950, as amended.
There is hereby levied and assessed an annual
license tax, fee or charge on all such motor vehicles required to
be licensed in the County in the amount of $25, except motorcycles,
for which the license tax, fee or charge is $10, and except for "antique
motor vehicles," as defined and licensed in Title 46.2 of the Code
of Virginia, 1950, as amended, and as provided for herein, and vehicles
not registered for use on highways, for which there is no annual license
tax, fee or charge, and further except that such license tax, fee
or charge shall in no event be greater than the amount of the license
tax, fee or charge by the commonwealth on such motor vehicles.
In accordance with the Code of Virginia, 1950,
as amended, § 46.2-755, no County license fee shall be imposed
for any one motor vehicle owned and used personally by any veteran
who holds a current state motor vehicle registration card establishing
that he has received a disabled veteran's exemption from the Division
of Motor Vehicles and has been issued a disabled veteran's motor vehicle
license plate as prescribed in the Code of Virginia, 1950, as amended,
§ 46.2-739.
Pursuant to the authority granted by § 46.2-752, Code of Virginia, 1950, as amended, no County license fee shall be imposed for any one motor vehicle owned and used personally by an active member of a Volunteer Fire and/or Rescue Department, which motor vehicle is declared to be in a separate class of property for tangible personal property taxation pursuant to § 155-26 of this Code.
In accordance with the Code of Virginia, 1950,
as amended, § 46.2-755, no County license fee shall be imposed
for any one motor vehicle owned and used personally by any prisoner
of war who holds a current state motor vehicle registration card establishing
that he has received a prisoner of war exemption from the Division
of Motor Vehicles and has been issued a prisoner of war motor vehicle
license plate as prescribed in the Code of Virginia, 1950, as amended,
§ 46.2-746.
The Treasurer shall issue a County license for each motor vehicle upon which the license tax, fee or charge under § 158-9 has been paid, subject to the provisions of § 158-12; provided, however, the Treasurer may issue a County license prior to payment and bill the license tax, fee or charge on the next personal property tax bill for the vehicle. If such license tax, fee or charge is not paid by the due date for such personal property tax, such license shall thereafter be invalid. All license taxes, fees or charges collected by the Treasurer under this article shall be deposited by the Treasurer in the same manner as prescribed for other County funds, and all revenue derived from County license tax, fee or charge shall be applied to general County purposes. The license year for County licenses shall be from the first day of January of each year to the 31st day of December of the year, at which time such license shall expire. The County license tax, fee or charge for a license year shall be prorated as follows: Vehicle license tax, fee or charge shall be $10 for all motor vehicles not required to be licensed prior to November 1 of the license year, except for motorcycles, which license tax, fee or charge shall be $5, and except for vehicles not registered for use on highways, for which there is no license tax, fee or charge.
A.
No motor vehicle shall be licensed by the County until
the applicant for such license has produced satisfactory evidence
that all personal property taxes upon the motor vehicle to be licensed
have been paid and satisfactory evidence that any delinquent motor
vehicle personal property taxes owing have been paid which have been
properly assessed or are assessable against the applicant by the County.
B.
Conditional County license.
(1)
A conditional County license may be issued for no more than one motor vehicle assessable to an applicant, even though such licensure would be prohibited by Subsection A above, if the applicant produces satisfactory evidence that any personal property tax delinquency by the applicant is a result of extraordinary financial hardship due to matters outside the control of the applicant and without fault of the applicant and the applicant has entered into a written payment plan which provides for payment in full of all such delinquency, including penalty and interest, no later than December 5 of the year of such County license and periodic payments of at least 10% per month of all such delinquency, including penalty and interest. Such conditional license may be of a different designation than the ordinary County license.
(2)
The Treasurer may revoke any conditional license so
issued upon failure of the applicant to timely make any periodic payment
required by the aforesaid payment plan.
(3)
Issuance of a conditional license shall be a matter
of grace within the discretion of the Treasurer and not a matter of
right of the applicant.
A.
A valid license issued by the County or any town herein
and change of situs of vehicle for taxation from any town herein to
the County, or vice versa, shall be transferred from one vehicle of
like category of license taxation, fee or charge to another of the
same category (e.g., from a passenger car to a passenger car) upon
application of the owner or operator, provided that the owner or operator
of the vehicle for which the license to be transferred from is the
same person as the owner or operator of the vehicle for which the
license is to be transferred to.
B.
A valid license issued by a County, city or town of
this commonwealth outside the County and change of situs of vehicle
for taxation from a County, city or town of this commonwealth outside
the County to the County, or vice versa, shall be transferred from
one vehicle of like category of license taxation, fee or charge to
another of the same category (e.g., from a passenger car to a passenger
car) upon application of the owner or operator, provided that the
owner or operator of the vehicle for which the license to be transferred
from is the same person as the owner or operator of the vehicle for
which the license is to be transferred to.
A.
It shall be unlawful for the owner or operator of
any motor vehicle required to be licensed in the County under this
article to fail to obtain the required County license; provided, however,
that a grace period of 60 days is granted from the date of purchase
or acquisition of any motor vehicle, within which the owner or operator
shall pay the license tax, fee or charge and obtain the required license
on such motor vehicle. A violation hereof shall constitute a misdemeanor,
punishable by a fine not to exceed $250. A violation hereof may not
be discharged by payment of a fine except upon presentation of satisfactory
evidence that the required license has been obtained. Fines shall
be the maximum allowed by law, as determined by the courts.
B.
There shall be imposed a penalty of $5 for each motor
vehicle required to be licensed if such license was not obtained by
January 1 of each tax license year or within 60 days from the date
of purchase or acquisition of any motor vehicle, of which the total
tax, fee or charge, including such penalty, shall in no event be greater
than the amount of license tax, fee or charge by the commonwealth.
C.
There shall be imposed a penalty of $5 for each motor vehicle required to be licensed if the license tax, fee or charge is not paid by June 5 or the due date as indicated on the personal property tax bill of the license year for such motor vehicle, of which the total tax, fee or charge, including such penalty and any penalty under Subsection B of this section, shall in no event be greater than the amount of license tax, fee or charge by the commonwealth.
Pursuant to the Code of Virginia, § 46.2-752K,
as amended, and the Regional Compact for Cross-Jurisdictional Enforcement
of Local Motor Vehicle Licensing Requirements entered into by Frederick
County, the City of Winchester, the Town of Stephens City, the Town
of Middletown, the Town of Berryville, the Town of Boyce, and the
County of Clarke, any owner or operator of a motor vehicle or any
other person required by law to obtain and display a valid local license
by any jurisdiction which has entered into the Regional Compact for
Cross-Jurisdictional Enforcement of Local Motor Vehicle Licensing
Requirements (participating jurisdiction) must display any such license
while a motor vehicle upon which such license is required to be displayed
is operated or parked (public street) within the boundaries of this
jurisdiction.
A.
A violation of § 158-15 shall constitute a misdemeanor, punishable by a fine of not more than $250. Fines shall be the maximum allowed by law, as determined by the courts.
(1)
When the operator is the owner of the cited
vehicle, such violation shall be discharged by payment of the requisite
fine except upon 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.
