2020-23ORDINANCE NO. 2020-23
AN ORDINANCE (I) AMENDING CHAPTER 98 (TRAFFIC AND VEHICLES), ARTICLE II
(LOCAL VEHICLE LICENSE) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA,
PERTAINING TO LOCAL VEHICLE LICENSE TAXES (TO BE RENAMED AS VEHICLE
REGISTRATION FEE); (II) AMENDING CHAPTER 98, ARTICLE IV (STOPPING,
STANDING AND PARKING), DIVISION 1, SECTION 98-149 TO DELETE DECAL
REFERENCES; AND (III) AMENDING CHAPTER 98, ARTICLE IV, DIVISION 3,
SECTIONS 98-206 AND 207 TO DELETE DECAL REFERENCES.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 98,
II of the Code of the City of Fairfax, Virginia, is amended to read in its entirety as follows:
ARTICLE 1I. — LOCALVEHICLE LICENSE VEHICLE REGISTRATION FEE
Sec. 98-61. — Vehicle registratijon fee bk-ea*e4&x imposed.
(a) There is imposed a vehicle registration fee lieeme ta*upon all motor vehicles, including but
not limited to automobiles, trucks and motors c e normally garaged,
stored or parked within the city and upon all motor vehicles, trade~" e- seemi`""'e--" belonging
to persons domiciled in the city if it cannot be determined where the motor vehicle, 'f-�e
semitmiler is normally garaged, stored or parked. In the event the owner of the motor vehicle
is a full-time student attending an institution of higher education, the situs shall be the domicile
of such student, provided the student has presented sufficient evidence that he has paid a
personal property tax on the motor vehicle in his domicile. Notwithstanding the imposition and
collection of this fee the City shall not require the dis la f a physical vehicle registration fee
decal other than separately in the context of residential ermit parking decals elsewhere in this
code) on the windshield of anv vehicle_ sub iect to this article.
(b) No such vehicle registration feelieease-tom shall be imposed upon the following:
(1) A trailer or semitrailer designed for use as living quarters for human beings;
(2) A one -wheel or two -wheel trailer of a cradle, flatbed or open pickup type which has a body
width not greater than the width of the motor vehicle to which it is attached at any time of
operation, which is pulled or towed by a passenger car or station wagon or a pickup or
panel truck having an actual gross vehicle weight not exceeding 5,000 pounds and which
is used for carrying property not exceeding I,500 pounds at any one time;
(3) All trailers designed exclusively to transport boats.
(c) Nothing contained in subsection (b) of this section shall be construed as excepting those trailers
or semitrailers operated under lease or rental agreement or operated for compensation from the
imposition of the vehicle registration fee imposed by this section.
Sec. 98-62. — ce ti . Vehicle registration fee inapplicableExemptions ffem tam; vehiele
The vehicle registration fee shall not aptly_ tQ _ the fo11 win id a
(1) When a similar vehicle registration feet--. A-1-ireen-se fee is imposed by the county, city or
town wherein such motor vehicle, +_;;-il ,,. _ .,,,. itr-.,:'e- is normally garaged, stored or
parked.
(2) When the motor vehicle, trailer- e- . emitfail°_ is owned by a nonresident of the city and is
used exclusively for pleasure or personal transportation and not for hire or for the conduct
of any business or occupation other- than `e) e fthis
(3) When the motor vehicle, is owned by a nonresident and is used for the
transporting into and within the city, for 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.
(4) When the motor vehicle, tfail f OF semkFaile is owned by an officer or employee of the
commonwealth who is a nonresident of the city and who uses the vehicle in the
performance of his duties for the commonwealth under an agreement for such use.
(5) When the motor vehicle, trailer- or tr-.deer. 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 outside
cities and towns on the other hand and not in intracity transportation.
(6) When the motor vehicle, trailer ,.,,., itr-aile is kept by a dealer or manufacturer for sale
or for sales demonstration.
(7) When the motor vehicle is owned by the commonwealth or any political subdivision
thereof or is owned by the United States government.
When the motor vehicle is owned and used by accredited consular or diplomatic officers
of foreign governments, their family members and employees, who are nationals of the
state by which they are appointed and are not citizens of the United States.
When the motor vehicle is owned by an individual on full-time active duty in the milita
service absent from his state of residence or domicile, which motor vehicle is normal
garaged, stored or_narked in the city and registered in this state or any other jurisdiction.
The vehicle reg!:stration fee shall also not be applicable to a qualifying spouseof a_military
service member pursuant to this subsection. For purposes of this subsection, agualifyi ,
spouse of a military service member shall mean that spouse of a service member shall
neither lose nor acquire domicile for pu oses of the local motor vehicle license fee by
reason of being present in the city solely to be with the service member in compliance with
the service member' Mi I itary orders if the domicile is the same for the service mem er
and -the souse.
(10) When the motor vehicle is used as a daily rental passenger vehicle.
11 When the motor vehicle is owned and used gersonally by any veteran who holds a current
state motor vehicle re 'stration card establishing that he has received a disabled veteran'
exemption from the state department of motor vehicles and has-been issued a disabled
veteran's exemption from the state department of motor vehicles and has-been_issued a
disabled veteran's motor vehicle license plate as prescribed in Code of Virginia $ 46.2-
739. The exception in this subsection shallonI apgly to one motor vehicle owned by such
caving veteran.
(12) When the -motor vehicle is an antique motor vehicle whose owner has licensed such vehicle
under Code of Virginia 5 46.2-739 and § 46.2-755(B). The exception -in this subsection
shall only apgly to one motor vehicle per owner.
(13) When the motor vehicle is owned or leased by a volunteer rescue squad_memberor
volunteer fire department_ member, provided that the requirements in City Code & 90-170
are satisfied.
See. 98 63. Exempt -ens s.,..,., to vehicle heense (decal) pFeyided.
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Sec. 98-64fia. - Special licenses for members of fire departments.
The city council may authorize, on terms imposed by it, the sale of a special vehicle license to
fibers of fire departments who reside within the city.
Sec. 98-66§A. - Amount of fee.
There shall be an annual vehicle registration feelkense tay. of $33.00 on every motor vehicle;
;Wand '4PPqit
subject to this article, except motorcycles, and an annual vehicle re istration
sense -tax -of $18.00 for each motorcycle subject to this article.
Sec. 98-66Q. - Application for vehicle registration _licens_ ; pleeement
a) All persons owning or operating a motor vehicle, tr-aileF semitraileupon which a vehicle
registration fee etam is imposed by the terms of this article and all pers
vehicle keense (dee l) „raa.._santies OR 43 shall make application for a vehicle registration
license (decal) on a form provided by the commissioner of the revenuetFeasur-er.
b) All persons who move into the city and own or operate a motor vehicle, t aileF ^r- semitr-ai e.
upon which a vehicle registration feeay. is imposed by this article and all persons who
acquire title to a motor vehicle, upon which a vehicle registration feele
ta* is imposed by this article shall make application fer- a vehicle keense raaeau on a form
provided by the commissioner of the revenuetr-eas within 60 days of moving into the city
or acquiring title to the vehicle.
;c) The required vehicle registration feevehiele keense tax shall be paid to the treasurers4he
vehkle lieense (decal) ther-eupen is%ied for- the lieensed meter vehicle, tr-ailesi:
Sec. 98-67¢¢. - Due date for application and payment of vehicle registration feelEieense-tsN;
license ta-x-year; proration.
(a) The vehicle registration fee application must be made and the fee lie
year- required under the terms of this article must be paid on or before October 5 prior to the
beginning of the license year as defined in subsection (b) of this section.
(b) The license year under the terms of this article shall commence on November 16 and shall
expire on November 15 of the following calendar year. Vehicle licenses (deeals) must be
the�isense�ea�
(c) One-half of the vehicle registration feefisexee-tom shall be collected for vehicle licenses (decals)
issued after April 1 of the license year defined in subsection (b) of this section.
Sec. 9848§1. - Disposition of revenue.
All vehicle registration feestaxes collected under this article shall be deposited to the account
of the general fund of the city.
Sec. 98-690. - Failure to apply for and/or pay vehicle registratign ee- genaltvobtain vehi«le
3
No person owning or operating a motor vehicle subject to this article shall fail to apply for
and/or pay a required vehicle registration fee
vehicle lieense(decal) ar, ,.,,, uir-e,1 A violation of this section shall be a class 4 misdemeanor.
However, violation of this section shall not be discharged by payment of a fine except upon
presentation of satisfactory evidence that the required vehicle registration fee has been_apglied for
andkeense has beffi obtained.
Pursuant to of ViF,
-ef- Hemdeft
WR- W.;
—Mai
Ne per -son shall unlawfully take, > steal,
Sec. 98-72M. - Payment of personal property taxes prerequisite to issu nee of liee ffse.
No vehicle registration feevehiele lice required by this article shall be accepted issiled-unless
and until the applicant shall have produced satisfactory evidence that all
personal property taxes assessable against the applicant by the city upon all motor vehicles-,4raAffs
��pp
owned by the applicant have been paid.
See. 98 2-3. T.-ansfeF of lieenram. fee
f\ Aowner- .,F .,«.. eh; ,lo ..1,.. ells «, .,,..+.r , oh;elo
f -A
C�`''., the eity under- the previsions fthis ., 4iele may, upen ,..1;e tiers to the tfeas r-er .with:«, 60 days
(deeal) ffem the vehicle se-Idd @-r- tvaansfeFfed a -ad being issued - new-deeal fer- another vighiple
titled ; ugh ewner-'s
{G}"
A-r- se- ;'Waieh the vehirale lieense (deeal) is being tr-aasfeFFed and -the lessee are the same per -son
otit,. « Any vehicle license (dee..11 ,.l �z
u
year may be tf:aasfeFFed to a different Jea-sed- vehiele pr-evid-ed- that th-e les;see of eaeh !eased
-Vehiele is the same per -se
f the owner shall plet
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See. 98 7-4. Pupfieste ; kes�
Secs. 984520-98-100. — Reserved."
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
Chapter 98, Article IV, Division 1, Section 98-149 of the Code of the City of Fairfax, Virginia, is
amended to read in its entirety as follows:
"Sec. 98-149. — Reserved."
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
Chapter 98, Article IV, Division 3, portion of Section 98-206 (definition of "Permit") of the Code of
the City of Fairfax, Virginia, is amended to read in its entirety as follows:
"Permit means (1) a ` ehiel e lice a residential parking permit (decal) that displays the permit
parking district identification number; (2) a visitor pass that displays the residential
identification number; or (3) a temporary visitor pass, in each case issued by the city."
BE 1T FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
Chapter 98, Article IV, Division 3, Section 98-207 of the Code of the City of Fairfax, Virginia, is
amended to read in its entirety as follows:
"Sec. 98-207. - Parking in permit parking districts.
(a) Whenever the city council shall determine that the public streets of a particular
residential area meet the criteria established in section 98-209, the city council may consent to
restrict or prohibit parking during certain hours and days as deemed appropriate in individual
districts based on parking usage patterns in such district. In such cases the city council shall
cause appropriate signs giving notice of the restrictions or prohibitions to be posted on those
streets. Parking may be restricted to two hour parking by visitors without permits, with no time
limits for residents or visitors with permits, as determined under section 98-209(h); or all
parking may be prohibited, except parking by the holders of permits granted under the
following conditions:
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(1) For each vehicle belonging to a person who resides in the particular district for which
the person pays personal property taxes to the city ...a—r.-Ys- ., Gity lieense (deeal) on
v , there may be issued one permit entitling that vehicle to park in the restricted district.
People who reside within the district for part of the year but pay taxes in another jurisdiction
(such as university students) may qualify if they demonstrate that they have paid taxes in their
home jurisdiction and provide proof of residence in the district.
(2) Each residence within a restricted district shall be issued two visitors' permits. Such
permits shall be limited to a stated period not to exceed one year. Upon approval of the city
manager, additional visitor permits for visitors to a particular residence within a restricted
district may be issued for a period not to exceed seven days or, at the discretion of the city
manager upon the demonstration of a specific need, for a period not to exceed one year.
(3) Such permits may be issued to persons who do business with any resident of any
particular district in which parking is so restricted during the hours of such restriction, limited
to that particular district in which parking is so restricted and in which any such person so
transacts business.
(b) Following the consent by city council to designate an area of a permit parking district,
the city manager shall cause parking signs to be posted in the district indicating the parking
restrictions. It shall be unlawful to park in these districts without displaying a permit as
required."
This Ordinance shall become effective as provided by law.
INTRODUCED: July 14, 2020
PUBLIC HEARING: July 28, 2020
ENACTED: July 28, 2020
ATTEST:
City Clerk
VOTE:
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
Mayor
3 00 Zo 2-J>
Date
C