[Amended 12-15-2004; 12-13-2006]
For the purposes of this article, the following
words and phrases shall have the meanings respectively to them by
this section:
Any person who lives or resides in the Town for a period
of six months.
Includes any motor vehicle, trailer and semitrailer which
may be subject to a Town license tax under the provisions of § 46.2-752
of the Code of Virginia.
A.
Every person who shall own or lease a motor vehicle
normally garaged, stored or parked in the Town of Stanley shall pay
an annual Town license fee for such vehicle.
B.
The situs for the imposition of licensing fees under
this article shall in all cases, except as hereinafter provided, be
the locality in which the motor vehicle is normally garaged, stored,
or parked. If it cannot be determined where the vehicle is normally
garaged, stored or parked, the situs shall be the domicile of its
owner.
C.
"The Town" shall mean the Town of Stanley.
There is hereby assessed to any person owning
a motor vehicle normally garaged, stored or parked in Town of Stanley
on January 1 of each year a Town motor vehicle license fee.
A.
On each and every motor vehicle there shall be an
annual license fee of $15; and on each and every motorcycle an annual
license fee of $15.
B.
The amount of the license fee imposed by Town of Stanley
under this article shall not be greater than the amount of the license
fee imposed by the commonwealth on that vehicle.
A.
The provisions of this article shall not be construed
as to impose a license fee upon any motor vehicle when:
(1)
The chief of each volunteer fire department and volunteer
emergency rescue squad prepares and certifies a list of active members
of the respective departments or squads who regularly respond to calls
or perform other duties for the department or squad and who reside
within the Town corporate limits or in the county outside the corporate
limits of the Town of Stanley. The certified list will include the
complete name of each individual, his or her residence address, and
the identification number and description of the vehicle owned or
leased by such active member and to be certified for exemption. Each
individual so certified will complete the required application form
and submit it to the chief, who will attach all individual applications
to be certified listing and submit said list to the Treasurer of the
Town. After reviewing and comparing the certified listings and applications
with the personal property tax rolls, the Treasurer will issue one
exempt license without charge to each certified member. No member
of a volunteer rescue squad or volunteer fire department shall be
issued an exemption for more than one vehicle.
(2)
The motor vehicle is operated by a common carrier
of persons or property operating between cities and towns in the commonwealth
and not in intracity transportation or between cities and towns on
the one hand and points and places without cities and towns on the
other not intracity transportation.
(3)
Antique vehicles and trailers.
(a)
Antique motor vehicles and antique trailers,
as defined in § 46.2-100 Code of Virginia, as amended, registered
and licensed by the state in accordance with § 46.2-730A
of the Code of Virginia, as amended, shall be exempt from the payment
of the license fee levied under this article, provided that other
statutory conditions are met.
(b)
In order to qualify for exemption, an antique
motor vehicle and antique trailer registered and licensed under § 46.2-730
of the Code of Virginia, as amended, shall not be used for general
transportation purposes, including, but not limited to, daily travel
to and from the owners' place of employment, but shall only be used:
[1]
For participation in club activities, exhibits,
tours, parades and similar events; and
[2]
On the highways of the commonwealth for the purpose of testing their operation, obtaining repairs or maintenance, transportation to and from events as described in Subsection A(3)(b)[1] of this subsection, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner.
B.
All fees collected pursuant to this article shall
be deposited by the Treasurer in the general fund of the Town.
A.
Upon request of the Town Treasurer, no motor vehicle
shall be licensed by the Department of Motor Vehicles until such applicant
for a license has paid all personal property taxes and the license
fee assessed hereunder upon the motor vehicle to be licensed and until
the Department of Motor Vehicles has been provided satisfactory evidence
by the Treasurer of the Town of Stanley that any delinquent motor
vehicle, personal property taxes or license fees which have properly
assessed or are assessable against the applicant by the Town have
been paid.
B.
Upon request of the Town Treasurer, no motor vehicle
license shall be issued by the Virginia Department of Motor Vehicles
unless the tangible personal property taxes properly assessed or assessable
by the Town on any tangible personal property used or usable as a
dwelling and owned by the taxpayer have been paid.
C.
Upon request of the Town Treasurer, no motor vehicle
license shall be issued by the Virginia Department of Motor Vehicles
to an owner of a motor vehicle where a fee is required to be paid
pursuant to this article but qualified under the provisions hereof
for a waiver of the fee until the applicant for such license or registration
from the Department of Motor Vehicles has produced before the Town's
Treasurer, or the Treasurer's agent, satisfactory evidence that all
personal property taxes upon the motor vehicle have been paid and
satisfactory evidence of any delinquent personal property taxes upon
the motor vehicle have been paid and satisfactory evidence of any
delinquent personal property taxes due with respect to the vehicle
which have been properly assessed or are assessable against the owner
have been paid.
The license year with respect to which the fee
required to be paid under this article is assessed shall be January
1 through December 31 of each year. The fee assessed under this article
shall be assessed to the owner of each motor vehicle as provided in
this article for motor vehicles owned January 1 of each year. The
fee shall be payable on or before June 5 of each year. The fees assessed
by this article will be based upon ownership of vehicles on fee assessment
day, that is January 1 of each year, and the period for which the
license is effective shall be January 1 through December 31.
Nothing in this article shall be construed as
imposing a license fee on any such vehicle in excess of the amount
authorized by state law.
The Treasurer shall, after the due date of any
license fee required by this article, collect such license fee in
accordance with the provisions of § 58.1-3919 of the Code
of Virginia, as amended, and any other applicable state law. Additionally,
the Treasurer shall have the authority to take any action authorized
by § 46.2-752J of the Code of Virginia, as amended.