2017-04ORDINANCE NO. 2017-04
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, that Section
98-1 of the Code of the City of Fairfax, Virginia be and the same is hereby amended and
reenacted to read in its entirety as follows:
"Sec. 98-1. Adoption of state law.
Pursuant to the authority of Section 46.2-1313 of the Code of Virginia, 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, currently in force and as they may be amended, except those which by their nature
can have no application within or to the city, and 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.
Pursuant to Section 1-220 of the Code of Virginia, all references to the Code of Virginia
contained herein shall include all future amendments to any of the referenced statutes."
This Ordinance shall be effective as provided by law.
INTRODUCED: March 28, 2017
PUBLIC HEARING: April 18, 2017
ADOPTED: April 18, 2017
Mayor
X -7
Date
ATTEST:
erk
city 'Cl
Votes
Councilmember DeMarco
Aye
Councilmember Drummond
Aye
Councilman Greenfield
Absent
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Councilmember Stehle
Aye