20001128 2000-28ORDINANCE NO. 2000- 28
AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF
THE ORDINANCES OF THE CITY OF FAIRFAX, VIRGINIA;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR
OTHER PURPOSES HEREINAFTER SET OUT.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, as follows:
Section 1. There is hereby adopted by the City Council a revision and codification
of that certain Code entitled "The Code of the City of Fairfax, Virginia," containing certain
ordinances of a general and permanent nature as compiled, consolidated, codified and indexed
in Chapters 1 to 110, each inclusive, of which Code not less than three copies have been and
are now filed in the office of the City Clerk.
Section 2. The provisions of the Code of the City of Fairfax, Virginia, shall be in
force as of 12:01 a.m. on December 1, 2000, and thereafter, and all ordinances of a general
and permanent nature enacted on or before May 23, 2000, and not contained in such Code or
recognized and continued in force by reference therein are hereby repealed after November
30, 2000, except as hereinafter provided.
Section 3. The repeal provided for in the preceding section of this Ordinance shall
not affect any offense or act committed or done or any penalty or forfeiture incurred or any
contract or right established or accruing before December 1, 2000; nor shall it affect any
prosecution, suit or proceeding pending or any judgment rendered prior to December 1, 2000;
nor shall such repeal affect any ordinance or resolution promising or guaranteeing the
payment of money for the City or authorizing the issue of any bonds of the City or any
evidence of the City's indebtedness or any contract or obligation assumed by the City; nor
shall it affect any annual tax levy; nor shall it affect any right or franchise conferred by
ordinance or resolution of the City on any person, association, partnership or corporation; nor
shall it affect any ordinance adopted for purposes which have been consummated; nor shall it
affect any ordinance which is temporary, although general in effect, or special, although
permanent in effect; nor shall it affect any ordinance relating to the salaries of the City's
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officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall
it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in
the City; nor shall it affect any ordinance relating to the zoning map; nor shall it affect any
ordinance adopted on final reading and passage after May 23, 2000.
Section 4. Unless another penalty is expressly provided, every person convicted of
a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued
in pursuance thereof shall be guilty of a class one misdemeanor. Each act of violation and
each day upon which any such violation shall occur shall constitute a separate offense. The
penalty provided by this section, unless another penalty is expressly provided, shall apply to
the amendment of any Code section, whether or not such penalty is reenacted in the
amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other
remedies available at law or in equity, such as abatement of nuisances, injunctive relief and
revocation of licenses or permits.
Section 5. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance and the Code hereby
adopted are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid
by a valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this Ordinance or the Code hereby adopted.
Section' 6. Additions or amendments to the Code when passed in such form as to
indicate the intention of the city council to make the same a part of the Code shall be deemed
to be incorporated in the Code, so that reference to the Code includes the additions and
amendments. Ordinances adopted after May 23, 2000, that amend or refer to ordinances that
have been codified in the Code shall be construed as if they amend or refer to like provisions
of the Code.
This Ordinance shall take effect at 12:01 a.m. on December 1, 2000.
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INTRODUCED: October 24, 2000
PUBLIC HEARING: November 14, 2000
ENACTED: November 28, 2000
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Vote
Aye
Absent
Aye
Aye
Aye
Aye
Mayor
Date
ATTEST:
(~Y C~)rk -