Private Acts of 1963 Chapter 7

SECTION 1.  That for the privilege of operating upon and using the public streets, roads, and highways in Fayette County, Tennessee, except State maintained roads and highways, there is hereby levied upon each motor driven vehicle a special wheel or privilege tax in the amount of twenty-five dollars ($25.00) on each such motor driven vehicle, and this tax shall be paid in addition to all other taxes.  Provided, further, this tax shall not apply nor the same shall be required to be paid on farm tractors, motor bicycles, and scooters.

SECTION 2.  That this wheel or privilege tax shall apply and be paid on each motor driven vehicle whose owner resides in Fayette County.  The said tax shall likewise apply and be paid on all motor driven vehicles by any person, firm or corporation which owns, drives or operates a motor driven vehicle on or over the streets, roads or highways in Fayette County, for at least forty-five (45) days during any calendar year, such person, firm or corporation shall be liable for the payment of the privilege tax on said motor vehicle levied hereunder.

SECTION 3.  That the tax levied herein shall be collected by the County Court Clerk of Fayette County at the same time he collects the State privilege license tax upon the operation of motor driven vehicles.  The County Court Clerk of Fayette County shall not issue to any resident of said County a State license for the operation of a motor driven vehicle unless at the same time such resident shall purchase the appropriate license as herein provided for the operation of his motor driven vehicle under this Act.  Any person who purchases from the clerk a state license but does not pay the tax levied herein shall sign and file with the clerk an affidavit stating that he is not a resident of Fayette County and does not presently intend to operate a motor vehicle on the streets, roads or highways in Fayette County for forty-five (45) days or more during the period for which the privilege or wheel tax is levied.  The payment of the license fee herein provided shall be evidenced by an emblem, sticker or receipt in the form of a decal to be approximately displayed by affixing the same on the windshield of said motor driven vehicle.  The design of the emblem, sticker or decal shall be determined by the County Court Clerk and the expense incident thereto shall be paid from the County general funds.

The tax herein levied shall entitle the owner of a motor driven vehicle to operate the same from the first day of April each year to the thirty-first day of March of the next succeeding year, and the same proportionate reduction shall be made as is now made in the case of State registration of motor driven vehicles where such motor driven vehicles are registered after April 1, for any reason.  The County Court Clerk for his services in issuing such licenses, shall be entitled to a fee of fifty cents (50¢) for each license so issued, to be collected from the person purchasing the same, and the Clerk's fee shall be in addition to the tax hereinabove provided for.  Provided further, any motor driven vehicle upon which a current license fee has been paid, should said motor driven vehicle be sold, traded, demolished, destroyed or otherwise change ownership, the current license holder may obtain from the County Court Clerk a current replacement emblem, sticker or decal, upon the payment of a fee of fifty cents (50¢), and the County Court Clerk shall be entitled to said fee for the issuance of the replacement license.

The County Court Clerk shall report all funds collected by him monthly and pay the same over to the Trustee of Fayette County and said funds shall be applied as hereinafter provided for.

Be it further enacted, that the proceeds of the tax herein imposed, when collected in the hands of the county trustee, shall be applied in the following manner:

(1)  Twenty percent (20%) of the amount so collected shall be applied to the County General Fund.

(2)  Eighty percent (80%) of the amount so collected shall be applied to the County Public Works Fund.

SECTION 5.  That any person violating the provisions of this Act by operating a motor driven vehicle on or over the streets, roads or highways in Fayette County, being liable and without the payment of the tax herein levied, such person upon conviction thereof shall be fined not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00).

Any person who knowingly files with the clerk a false affidavit shall be guilty of perjury and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00) or imprisoned for not more than six (6) months, in the discretion of the court.

SECTION 6.  That the provisions of this Act are hereby declared to be severable.  If any of the sections, provisions, words, clauses, phrases or parts be held unconstitutional or void, the remainder of this Act shall continue in full force and effect, it being the legislative intent now and hereby declared that this Act would have been adopted even if such unconstitutional or void matter had not been included herein.

SECTION 7.  That this Act shall take effect from and after its passage, the public welfare requiring it, but said Act shall not become effective until the same has been approved by a two-thirds vote of the Quarterly County Court of Fayette County at any regular or special session.  The presiding officer of such body shall proclaim the approval or non-approval and certify the same to the Secretary of State.

Passed:  January 13, 1963.