19920714 1992-19ORDINANCE NO. 1992- 19
AN EMERGENCY ORDINANCE AMENDING AND REENACTING SECTION
13-1, ARTICLE 1, CHAPTER 13, OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, CONCERNING INCORPORATING BY REFERENCE
INTO THE CITY CODE CERTAIN STATE CODE PROVISIONS RELATING
TO THE STATE MOTOR VEHICLE LAWS, DRIVING MOTOR VEHICLES
WHILE INTOXICATED, AND DISPOSITION OF SUCH CASES FOR
JUVENILES.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, upon review of the amendments made to Title 46.2,
Article 2 of Chapter 7 of Title 18.2, and Section 16.1-278 et
seq., of Article 9, Chapter 11 of Title 16.1 of the Code of
Virginia during the 1992 session of the Virginia General
Assembly, that Section 13-1 of the Code of the City of
Fairfax, Virginia, be and the same is hereby amended, on an
emergency basis, to read as follows:
Section 13-1. Adoption of state law.
Pursuant to the authority of Section 46.2-1313 of the Code of
Virginia, 1950, as amended, all of the provisions and requirements
of the laws of the state contained in Title 46.2 of the Code of
Virginia, Article 2 of Chapter 7 of Title 18.2 of the Code of
Virginia, and Section 16-1.278 et seq., Article 9 of Chapter 11 of
Title 16.1 of the Code of Virginia as in force and effect on July
1, 1992, except Section 46.2-114, and except those provisions and
requirements the violation of which constitutes a felony, are
hereby adopted and incorporated in this chapter by reference and
made applicable within the city as fully as though set forth at
length herein. It shall be unlawful for any person within the city
to violate or fail, neglect or refuse to comply with any of the
incorporated provisions of Title 46.2 or Article 2 of Chapter 7 of
Title 18.2 or Section 16.1-278 et seq., Article 9 of Chapter 11 of
Title 16.1 of the Code of Virginia which are adopted by this
section; provided, that in no event shall the penalty imposed for
the violation of any provisions or requirements hereby adopted
exceed the penalty imposed for the offense under Title 46-2 or
under Article 2 of Chapter 7 of Title 18.2 or under Section 16.1-
278 et seq, Article 9 of Chapter 11 of Title 16.1 of the Code of
Virginia.
BE IT FURTHER ORDAINED that an emergency exists in that the
failure to immediately amend and reenact this section of the
City Code will impede the ability of the City to enforce the
City ordinances incorporated by reference therein.
This ordinance shall become effective as provided by law.
ADOPTED:
July 14, 1992
ATTEST:
C~erk
Time