Legislation # 10-0194 Enactment Number 10-0009
Type Ordinance - Coded Effective Date none
Introduction Date 5/12/2010
Title Ordinance To Amend And Reenact Chapter 21 “Motor Vehicles And Traffic”, Article II. “Local Vehicle License”, Section 21-41 “Amount of Tax—Generally” of the Code of the City of Hampton, Virginia To Increase The Motor Vehicle License Fees On Passenger Cars Less Than Or Equal To 4,000 Pounds To $30, On Passenger Cars Greater Than 4,000 Pounds To $35 And On Motorcycles With Or Without A Sidecar To $17.
 
Legislation History 10-0194
DateNotice Of ActionDescription
10/14/2010 Enactment Number 10-0009
5/12/2010 Adopted
5/6/2010 Removed - this is a duplicate of 10-0194
5/3/2010 Received By Clerk's Office
 
View Attachments 10-0194
FileTypeSizeDescription
21 41 redline.DOC Exhibit 47K Red line ordinance.
 
Legislation Text 10-0194

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 10-0194

 

Enactment Number: 10-0009

 

Ordinance To Amend And Reenact Chapter 21 Motor Vehicles And Traffic, Article II. Local Vehicle License, Section 21-41 Amount of TaxGenerally of the Code of the City of Hampton, Virginia To Increase The Motor Vehicle License Fees On Passenger Cars Less Than Or Equal To 4,000 Pounds To $30, On Passenger Cars Greater Than 4,000 Pounds To $35 And On Motorcycles With Or Without A Sidecar To $17.

 

BE IT ORDAINED by the Council of the City of Hampton, Virginia, that the Code of the City of Hampton, Virginia, be amended to read as follows:

 

Sec. 21-41. Amount of feeGenerally.

 

(a) Amount of fee. The license fee imposed by this article on all motor vehicles, trailers or semitrailers that have situs in the city as described in this article for any portion of the year between January 1 and June 30 shall be as follows:

 

(1) Thirty dollars ($30.00) for a passenger car, if such passenger car is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur.

 

(2) Thirty cents ($0.30) per one hundred (100) pounds of weight or major fraction thereof for a private motor vehicle, other than a motorcycle, with a normal seating capacity of more than ten (10) adult persons, including the driver, if such private motor vehicle is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire or is not operated under a lease without a chauffeur; provided, that in no case shall the tax be less than twenty dollars ($20.00).

 

(3) Thirty cents ($0.30) per one hundred (100) pounds of weight or major fraction thereof for a private school bus; provided that, in no case shall the tax be less than twenty dollars ($20.00).

 

(4) Twenty dollars ($20.00) for a trailer or semitrailer designed for use as living quarters for human beings.

 

(5) Ten dollars ($10.00), plus thirty cents ($0.30) per one hundred (100) pounds of weight or major fraction thereof for each motor vehicle, trailer or semitrailer used as a common carrier of passengers, operating in intracity transportation over the public streets, roads, bridges and routes of the city.

 

(6) Ten dollars ($10.00), plus forty-five cents ($0.45) per one hundred (100) pounds of weight or major fraction thereof for each motor vehicle, trailer or semitrailer kept or used for rent or for hire or operated under a lease without a chauffeur for the transportation of passengers. This tax fee does not apply to vehicles used as common carriers.

 

(7) Ten dollars ($10.00), plus forty-five cents ($0.45) per one hundred (100) pounds of weight or major fraction thereof for a taxicab or other vehicle kept for rent or hire and operated with a chauffeur for the transportation of passengers. This fee does not apply to vehicles used as common carriers.

 

(8) Seventeen dollars ($17.00) for a motorcycle with or without a sidecar.

 

(9) Twenty dollars ($20.00) for a bus used exclusively for transportation to and from Sunday school or church, for the purpose of divine worship.

 

(10) Ten dollars ($10.00), plus forty-five cents ($0.45) per one hundred (100) pounds of weight or major fraction thereof for other passenger-carrying vehicles.

 

In addition to the fees set forth above, a fee of five dollars ($5.00) shall be imposed for the annual registration of a motor vehicle, trailer or semitrailer referred to above exceeding four thousand (4,000) pounds.

 

(b) Means for computing taxes and fees. The manufacturer's shipping weight or scale weight shall be used for computing all taxes and fees imposed by this section when based upon the weight of the vehicle.

 

(c) Burden of proof. The applicant for a license shall bear the burden of proof that the vehicle for which a license is sought is entitled, by weight, design and use, to be licensed for the amount tendered by the applicant to the city treasurer.

 

(d) Exception to subsections (a)(6) and (7). The fees imposed by subsection (a)(6) and (7) above to be paid for the operation of motor vehicles used for rent or hire shall not be required for the operation of any motor vehicle with a normal seating capacity of not more than six (6) adult persons including the driver.

 

(1) While used not-for-profit in transporting persons who, as a common undertaking, bear or agree to bear all or a part of the actual cost of such operation; or

 

(2) While used by a lessee renting or hiring such vehicle for a period of twelve (12) months or longer under a written lease or agreement; and, for the purpose of this section, every such motor vehicle shall be treated as a private motor vehicle for which the license fee shall be thirty dollars ($30.00); provided, however, that if such vehicle exceeds the weight of four thousand (4,000) pounds, such fee shall be thirty-five dollars ($35.00)

 

(e) Exemption carriers operating under certificates of public convenience and necessity. The above provisions of this section shall not apply to any carrier operating under a certificate of public convenience and necessity issued by the state corporation commission for buses operated in special or chartered party service, nor shall the provisions of subsections (a)(6) and (7) above apply to any carrier operating under a certificate of public convenience and necessity issued by the state corporation commission or the interstate commerce commission, or under a local franchise granted by any city or town.

 

(f) No license fee shall be charged for motor vehicles, trailers or semitrailers that do not have situs in the city as described in this article for any portion of the year between January 1, and June 30 of the license year.

 

(g) The license fee imposed by this article shall be in addition to any other city license tax.

 

State law referenceSimilar Provisions, Code of Virginia, 46.2-694 and 752.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on May 12, 2010.

 

This ordinance shall be effective and the charges applied to billings made by the City of Hampton, Virginia on and after January 1, 2011.

 

 

Signed by ____________________________ Date _________________

Molly Joseph Ward, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council