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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