19970624 1997-08ORDINANCE NO. 1997- 8
AN 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, and
Article 2 (Section 18.2-266 et seq.) of Chapter 7 of Title 18.2,
and Article 9 (Section 16.1-278 et seq.) of Chapter 11 of Title
16.1 of the Code of Virginia during the 1997 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 and
reenacted 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 (Section 18.2-266 et seq.) of Chapter 7 of
Title 18.2 of the Code of Virginia, and Article 9 (Section 16.1-278
et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, all
of the provisions and requirements of such laws as in force and
effect on July 1, 1997, 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 (Section 18.2-266 et seq.) of Chapter 7 of Title 18.2, or Article
9 (Section 16.1-278 et seq.) 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
(Section 18.2-266 et seq.) of Chapter 7 of Title 18.2, or under
Article 9 (Section 16.1-278 et seq.) of Chapter 11 of Title 16.1 of
the Code of Virginia.
This ordinance shall become effective at 12:01 a.m., July 1,
1997.
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
June 10, 1997
June 24, 1997
June 24, 1997
Councilman Mershon and Councilman Rasmussen were absent from the
meeting. The vote to adopt was approved 4-0, recorded as follows:
Vote:
Councilman Coughlan aye
Councilman Greenfield aye
Councilwoman Lyman aye
Councilman Mershon absent
Councilman Rasmussen
Councilman Silverthorne
absent
aye
~Mayor
Date
ATTEST:
-~t~Clerk