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20050510 2005-08ORDINANCE NO. 2005-8 AN ORDINANCE AMENDING ARTICLE I, CHAPTER 98, SECTION 98-22 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO PENALTIES FOR INFRACTIONS OF TRAFFIC LAWS. BE IT ORDAINED, by the City Council of the City of Fairfax, that Article I, Chapter 98, Section 98-22 of the Code of the City of Fairfax, Virginia, is hereby amended to read in its entirety as follows: Sec. 98-22. Compliance with chapter; penalty for violation of chapter. (a) It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto. (b) Every person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided and which is not otherwise defined as a misdemeanor shall be punished by a fine of not more than that provided for a class four misdemeanor. (c) If it is found by the judge of a court of proper jurisdiction that the violation of any provision of this title (i) was a serious traffic violation as defined in § 46.2-341.20 of the Code of Virginia and (ii) that such violation was committed while operating a vehicle or combination of vehicles used to transport property that either: (a) has a gross vehicle weight rating of 26,001 or more pounds or (b) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds, the judge may assess, in addition to any other penalty assessed, a further monetary penalty not exceeding $500. (Code 1978, § 13-27) State law references: Penalty for violation of motor vehicle and traffic regulations generally, Code of Virginia § 46.2-113; serious traffic violations generally, Code of Virginia § 46.2- 341.20; penalties for class 4 misdemeanors, Code of Virginia § 18.2-11. BE IT FURTHER ORDAINED that this ordinance shall become effective on adoption as provided by law. INTRODUCED: April 26, 2005 PUBLIC HEARING: May 10, 2005 ENACTED: May 10, 2005 ATTEST: - I - --City Clerk Mayor Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthome Councilmember Winter Vote aye aye absent aye aye aye