2012-09 ORDINANCE NO. 2012-09
AN ORDINANCE AMENDING AND REENACTING SECTION 98-1,ARTICLE 1,
CHAPTER 98, 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 sue.) of Chapter 7 of
Title 18.2, Article 9 (Section 16.1-278, et seq.) of Chapter 11 of Title 16.1 of the Code of
Virginia during the 2012 session of the Virginia General Assembly, that Section 98-1 of the
Code of the City of Fairfax,Virginia be and the same is hereby amended and reenacted to read in
its entirety as follows:
"Sec.98-1. 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 sue.) of Chapter 7 of Title 18.2 of the Code
of Virginia, and Article 9 (Section 16.1-278, et se q.), 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,
2012, 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 se .) of Chapter 7 of Title
18.2 or Article 9 (Section 16.1.278, et se g.), 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 se q.) of Chapter 7 of Title 18.2
or under Article 9 (Section 16.1-278, et sue.) of Chapter 11 of Title 16.1 of the Code of
Virginia."
This Ordinance shall be effective July 1, 2012.
Introduced: May 22, 2012
Public hearing: June 12, 2012
Enacted: June 12, 2012
ayor
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ate
ATTEST:
Ae‘ "rano'
City Clerk
Votes
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Nay