20021210 2002-20ORDINANCE NO. 2002- 20
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 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 2002 session of the Virginia General Assembly, that Section 98-1 of the
Code of the City of Fairfax be and the same is hereby amended and reenacted to read 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 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 January 1,
2003, 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 the 1st day of January, 2003.
INTRODUCED: November 12, 2002
PUBLIC HEARING: December 10, 2002
ADOPTED: December 10, 2002
Mayor
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ATTEST:
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The vote to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilwoman Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye