Town will waive prosecution of vehicle decal ticketing, refund those who have paid

“In consideration of possible misinformation and confusion provided by former Town officials during 2018 and 2019 concerning the enforceability of Town Code §160-6 requiring the display of Town ‘stickers’ on vehicles registered to Town residents, the Town Attorney’s Office has determined that reasonable doubt likely exists as to guilt and will no longer prosecute Notice of Violation parking tickets, issued in 2019, for parking on Town streets without displaying a current sticker in violation of Town Code §160-9 (C).

In a press release issued late Thursday afternoon, January 2, 2020, the Town of Front Royal announced it will not prosecute recent ticketing for failure to display a Town decal on vehicle windshields. And for those who have already paid the $25 fine, presenting proof of that payment to the Town Finance Department will result in a refund being issued.

In the press release Town staff addressed the background for the lack of enforcement of the standing Town Code on vehicle stickers over the past year or so, as well as impetus for the recent spate of failure to display ticketing.

The background dates to media coverage of mid-2018 council work session discussion of waiving the decal display requirement, if not the fee amount tied to Town Personal Property Taxes.

However, confusion followed when County officials indicated that display of the Town sticker would continue to be required in order to use the County dump in Bentonville.

“In May 2018, it was reported in the local press that residents did not have to display decals on windshields and a former Town official told residents that displaying decals on windshields were not required,” the Town release states.

Former Mayor Hollis Tharpe recently contacted Royal Examiner about the ticketing, noting that he had told at least one person who had been ticketed in December that display of the decals was no longer required because that had been his and council’s intent during the 2018 initiative.

The press release continues, “In consideration of possible misinformation and confusion provided by former Town officials during 2018 and 2019 concerning the enforceability of Town Code §160-6 requiring the display of Town ‘stickers’ on vehicles registered to Town residents, the Town Attorney’s Office has determined that reasonable doubt likely exists as to guilt and will no longer prosecute Notice of Violation parking tickets, issued in 2019, for parking on Town streets without displaying a current sticker in violation of Town Code §160-9 (C).

“Any vehicle owner receiving such Notice of Violation parking ticket for not displaying a town sticker may consider it a warning, without fine, upon surrendering the ticket to the Town’s Finance Department. This determination by the Town Attorney’s Office does not relieve Town residents of the requirement to pay the annual license fee, which, if not paid, is a separate violation of Town Code.

Interim Town Manager Matt Tederick notes in the January 2nd release, “The Town Code clearly states that a decal needs to be displayed and not doing so is a violation of the Town Code; however, I believe the intent of Council is not to require the display. I plan to immediately have this matter presented to Council in the hopes that the Town Code can properly and legally be amended to rectify this matter. In the meantime, I am pleased that the Town Attorney’s Office has agreed not to seek prosecuting these specific cases which will save citizens money and hassle for a violation which may meet the letter of the law, but not the intent of Town Council.”

As for the recent ticketing after a period of non enforcement by town police, Tederick told Royal Examiner what was later echoed in the press release – that the enforcement occurred as a consequence of a spate of citizen complaints about inoperable vehicles parked in neighborhoods. When an enforcing officer called his supervisor to report that many of the vehicles they were encountering also did not have town stickers displayed, the supervisor acknowledged the standing Town Code and the decal enforcement ticketing ensued.