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20000926 2000-18ORDINANCE NO. 2000- 18 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, Article 9 (Section 16.1-278, et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia during the 2000 session of the Virginia General Assembly, that Section 13-1 of the Code of the City of Fairfax be and the same is hereby amended and reenacted to read as follows: Sec. 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, 2000, 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. on October 1, 2000. INTRODUCED: September 12, 2000 PUBLIC HEARING: September 26, 2000 ADOPTED: September 26, 2000 The vote on the motion to adopt the ordinance was recorded as follows: Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthome Vote Aye Aye Aye Aye Aye Aye 5 ayor ATTEST: Ci~ C~¥k