1942 ORDINANCES - Laserfiche WebLink

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M1 Any person, non-resident, hauling goods, or letting his vehicle or vehicles out for hire on the public streets of this city, shall be held liable under this ordinance. Every licensed wagon, dray, or other vehicle, shall have its license number plainly marked on metal or other material -and placed on the rear face of the rear axle thereof, or other conspicuous place. This paragraph not to apply to vehicles rented without driver. Such license number shall be applied by the Commis- sioner of Revenue. It shall be unlawful to transfer a tag from one vehicle to another, except in case of a vehicle being temporarily dis- abled. The Chief of Police is hereby designated Wagon Inspector and it shall be his duty to see that all vehicles for which a license is required under this section shall have their num- bers properly displayed, and if any vehicle be found without such number it shall be his duty to ascertain the name of the owner and require said license to be procured under pen- alty as provided in the general provisions of this ordinance. And in all cases where the number is not properly displayed the delinquent shall be fined not less than $1.50 nor more than $5.00. In the discharge of the duty thus imposed the Chief of Police shall have authority to call to his aid the several mem- bers of his force. 125. Vehicles—Motor-Driven. Every owner of a motor -driven vehicle on or before the first day of May of each year or before he shall commence to operate his machine, shall obtain a license to operate the same by making application to the City Collector for a li- cense to operate and present State motor vehicle registra- tion card. The application must contain the name of the applicant, his residence, and if a corporation, its place of business, giving the name, factory number, if any, fixed by its maker, a brief description showing the style of the ma- chine, and weight, as computed by the provisions of the State lav now in force or in accordance with any modifica- tions that hereafter may be made by the State. After making application, and having paid into the treasury of the City the required license tax fee, the City Collector shall issue a certificate of registration and license. The method for ascer- taining the required license tax shall be the same as that provided for in the State law except the rate shall be as fol- lows: 10 cents per 100 lbs., or major portion thereof. Minimum fee $3.00 per vehicle. Trucks: 1 ton or less, $3.00. Trucks: 11/, ton, $3.75. Trucks: 2 tons, $7.50. Trucks: 21/: tons, $10.00. Trucks: All over 21/; tons, $15.00. Motorcycle: $2.00; with sidecar, $3.00. After Aug. 1, 1942, ` 11, of original. After Nov. 1, 1942, 1<, of original. After Feb. 1, 1943, 1/4 of original. When number or license plate is lost a duplicate plate may be furnished by the City Collector upon the payment of fifty cents to the City Collector. The license under this section shall be transferable only to the purchaser of the car for which such license was issued, or to another car purchased by the person to whom the said license was issued upon the payment of fifty cents. The taxes on licenses accruing under the provisions of this section shall be due and payable, except where otherwise herein provided, on or before the first day of May, 1942, and shall be paid by the persons against whom assessed to the City Collector in his office on or before the first day of May. No part of the tax assessable or collected under this sec- tion shall be expended by the said City for any purpose other than improvement and maintenance of streets. 126. General Provisions—Penalty. (a) A like license shall be required of any firm, joint stock company or corporation as provided for in this ordi- nance for a person or firm. No license shall be issued for less than 3 months except as herein otherwise provided. (b) The construction and definition of the subjects as taxed under this ordinance shall be the same as is provided for under the tax laws of the State of Virginia unless other- wise provided. (c) On every business, profession or occupation for which a license tax shall not have been provided for in this ordi- nance, the tax shall be the same as that required by the State Tax Laws. (d) No tax or license shall be required of any business, trade or occupation which is conducted solely for the pur- pose of charity or for some purpose of a non-profit nature, provided however that the Commissioner of the Revenue shall not exempt any such business, trade or occupation un- til after the Council shall have passed upon the character of such business, trade or occupation. (e) Any person, firm or corporation, conducting a busi- ness, occupation or profession or operating any machine or device or doing anything for the conduct of which a license tax is required under this ordinance, without first obtaining such license, shall be subject to a penalty of five per centum of the amount of the license tax then due, and such penalty shall be assessed and paid along with the license tax and shall become a part of the license tax, and such person, firm or corporation shall be guilty of a misdemeanor and shall be fined not less than $2.50 nor more than $100.00 for each day he is in default. (f) When any person, firm or corporation, shall, by use of signs, circulars, cards or use of city newspapers, adver- tise any business, it shall be considered prima facie evidence of their liability under the ordinance of this city, and they shall be required to take out a license for such business. (g) For the purpose of ascertaining the tax to be paid by a merchant or restaurant owner beginning business, the license tax shall be based on the estimated amount of sales, for a retail merchant, and purchases, for a wholesale mer- chant, that will be so made during the balance of the license. year. Every underestimate under this paragraph shall be subject to correction by the Commissioner of Revenue whose duty it shall be to assess retail and wholesale merchants with such additional taxes as may be found to be due after the close of the license year on the basis of the true sales or purchases. (h) It shall be the duty of the Mayor to appoint one member of the police force of the City to act as license in- spector whose duty it shall be to familiarize himself with the various classifications of businesses and professions for which a city license is required and to ascertain whether any and all such businesses and professions conducted with- in the city are duly licensed, and if not to institute procedure as hereinafter set forth. And it shall be the duty of the Commissioner of the Reve- nue to report in writing to the Mayor and license inspector every case of default as soon as it comes to his knowledge. The License Inspector shall cause such delinquent, whether reported by the Commissioner of Revenue or otherwise brought to his attention, to be summoned before the Civil and Police Justice to show cause why they should not be fined under the provisions of this ordinance. However, the special detail of a policeman as license inspector shall not relieve the general force from the duty of enforcing this or any other ordinance, or from the cooperation with the license inspector in the enforcement hereof. (i) It shall be the duty of the Commissioner of the Rev- enue to keep a book, in which he shall classify all the branches of business and occupation upon which a license is imposed by this ordinance, and show the amount of assess- ment made upon each license, the name of the person assess- ed, and the period for which such license was issued. (j) Whenever a specific license -is herein imposed such license shall be in addition to the merchant's license unleAs otherwise provided. (k) Every license granted shall not be prorated for the unexpired portion of the license year unless otherwise pro- vided. (1) No City license shall be transferred from any per- son, firm or corporation,_ to another person, firm or corpo- ration, except for the continuation of the same business at the same location for which the license was originally issued. The fee for such transfer shall be fifty cents. (m) The Commissioner of the Revenue shall assess for each license issued by him a fee of fifty cents, to be paid by the party to whom said license is issued, which said fees shall be paid to the City Treasurer. (n) The taxes on licenses accruing under the provisions of this ordinance shall be due and payable except where otherwise herein provided, on or before the first day of May, 1942, and shall be paid by the person against whom as- sessed to the Treasurer of the city in his office on or before the first day of May. (o) Should any part of this ordinance be held uncon- stitutional or invalid, it shall nevertheless remain in full force and effect as to the remaining portions thereof. (p) All ordinances or parts of ordinances, relating to licenses in conflict herewith are hereby repealed. (q) The Council shall have the right to refund to any person, firm or corporation, who shall have secured a license under the provisions hereof, and thereafter during the li- cense tax year, shall be compelled to discontinue the busi- ness for which the license was secured by reason of any statute or regulation applicable to all business of the same character adopted as a result of the present national emerg- ency, such portion of the license tax paid by such person, firm" or corporation as to the Council may seem proper con- sider the proportionate part of the year in which business was transacted. Enacted March 23, 1942. x A copy: Teste, JAS. E. BOWEN, JR., Clerk of the Council. Adopted by the Council March 23, 19/.2 Ayes: Mr. Gleason, Dr. Haden, Mr. Huff Mr. N sh & M. a on. Noes: None. IF -resident L 1 1 1 1 1