ORDINANCE

 

AN ORDINANCE TO AMEND SECTIONS 13-1 AND13-24 OF THE FAUQUIER COUNTY CODE TO ESTABLISH PENALTIES FOR TRAFFIC AND MOTOR VEHICLE RELATED OFFENSES

 

           WHEREAS, Section 46.2-1300.A of the Code of Virginia authorizes counties to adopt ordinances not in conflict with that title of the Code of Virginia to regulate the operation of vehicles on the highways in their locality; and

 

            WHEREAS, the Board of Supervisors, after due notice and public hearing, has determined that it is in the best interest of the health, safety, and welfare of the citizens of Fauquier County to adopt this Ordinance; now, therefore, be it

 

            ORDAINED, by the Fauquier County Board of Supervisors this 8th day of September 2005, That Sections 13-1 and 13-24 of the Code of Fauquier County be, and are hereby, amended, which Sections shall read as follows:

 

Sec. 13-1. 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, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated herein by reference and made applicable within the county. This Ordinance is effective from September 9, 2005.  Any provision of the Code of Virginia incorporated herein by reference which is prior to the effective date of such state law shall become effective on the effective date of the state law.  References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county to violate or fail, neglect or refuse to comply with any provision of title 46.2 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby exceed the penalty imposed for a similar offense under title 46.2 of the Code of Virginia. For law enforcement purposes, the entire width between the boundary lines of all private road and streets as the same are set forth in the Fauquier County Official Street Name and Property Numbering Atlas, as well as all of the streets, roads, circles and courts within the Marsh Run Trailer Park and Vint Hill Farms Station are hereby designated highways, as the same is defined in section 46.2-100 of the Code of Virginia, 1950, as amended.

(Ord. No. 05-____, 09/08/05)

 

Sec. 13-24. Violations and penalties generally; compliance with chapter.

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. Every person convicted of a violation of any of the provisions of Article II of this chapter, and such violation does not constitute a felony, or who is convicted of violating any rule or regulation promulgated pursuant to this chapter, for which so no other penalty is provided, shall, for a first conviction thereof, be punished by a fine of not more than one hundred dollars ($100.00); for a second such conviction within one year such person shall be punished by a fine of not more than five hundred dollars ($500.00);  for a third or subsequent conviction within one (1) year such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in jail for not more than thirty (30) days, or by both such fine and imprisonment.  Every person convicted of a violation of any provision of Articles I, III, or IV of this chapter, and such violation does not constitute a felony, or who is convicted of violating any rule or regulation promulgated pursuant to this chapter, for which no other penalty is provided, shall for a first conviction thereof, be punished by a fine of not more than one hundred dollars ($100.00);  for a second or subsequent conviction within one year such person shall be punished by a fine of not more than two hundred fifty dollars or the maximum amount authorized under Code of Virginia 18.2-11, as amended, for Class 4 misdemeanors, whichever is greater. 

(Ord. No. 05-____, 09/08/05)