19950124 1995-2ORDINANCE NO. 1995-
AN EMERGENCY ORDINANCE 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.
1. 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 18.2-278 et seq.) of
Chapter 11 of Title 18.2, and Article 9 (Section 16.1-266 et
seq.) of Chapter 7 of Title 16.1 of the Code of Virginia
during the 1994 session of the Virginia General Assembly,
that Section 13-1 of the Code of the City of Fairfax,
Virginia, be the same is hereby reenacted, 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 (Section 18.2-266 e__t
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, 1994, all of the provisions and requirements of such laws
as in force and effect on January 1, 1995, 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.
2. BE IT FURTHER ORDAINED that an emergency exists in that
the failure to immediately reenact this section of the City
Code will impede the ability of the City to enforce its
laws.
VLTC01-3893.1
1995-2 -2
3. This ordinance shall become effective at 12:01 a.m.,
January 25, 1995.
Introduced
Adopted
: January 24, 1995
: January 24, 1995
MAYOR
DATE
ATTEST:
~) city Clerk
VL TCO 1 - 3893.