(A) (1) Pursuant to the authority of Chapter two of the Town Charter (2021), as amended, and pursuant to VA Code §§ 1-220, 18.2-268.12, and Title 46.2 Chapter 13, specifically §§ 46.2-1300 and 46.2-1313, as amended, all of the provisions and requirements of the laws of the state, effective as of July 1, 2004, including future amendments to those state statutes as may from time to time be adopted by the state’s General Assembly, effective upon the same date as the effective date of such state statutes
and not before, contained in VA Code Title 46.2, and VA Code Title 18.2, Chapter 7, Article 2, as amended, as well as those provisions and requirements of VA Code Title 16.1, Chapter 11, Article 9 (§§ 16.1-278 et seq.), pertaining to the disposition of juveniles charged with violations of misdemeanors and traffic infractions contained in the previously referenced portions of VA Code Titles 18.2 and 46.2, and the ordinances of the town, are adopted and incorporated by reference and made applicable within the town: except those provisions and requirements the violation of which constitutes a felony; except those provisions and portions which specifically authorize the adoption of a local ordinance but do not provide for direct incorporation of specific provisions and requirements, requiring instead, the local governing body to provide provisions and requirements; and, except those provisions and requirements which, by their very nature, can have no application to or within the town. The provisions and requirements of VA Code §§ 46.2-1247 through 46.2-1253 are specifically incorporated by reference as provided for separately in each of those sections.
(2) Such provisions and requirements are hereby adopted, mutatis mutandis, and made part of this section as fully as those set forth at length herein; and it shall be unlawful for any person within the town to violate, fail, neglect, or refuse to comply with any provision of VA Code Title 46.2, VA Code Title 18.2, Chapter 7, Article 2, which is adopted by this section, provided that in no event shall the penalty imposed for the violation of any provision or requirement adopted exceed the penalty imposed for a similar offense under VA Code Title 16.1, Chapter 11, Article 9 (§§ 16.1-278 et seq.), VA Code Title 18.2, Chapter 7, Article 2 (§§ 18.2-266 et seq.), or of VA Code Title 46.2.
(B) (1) When such provisions and requirements of VA Code Title 46.2; VA Code Title 18.2, Chapter 7, Article 2; and VA Code Title 16.1, Chapter 11, Article 9, incorporate and adopted herein, make reference to or in turn incorporate other provisions of the VA Code, rules or regulations promulgated by an arm or agency of the state or the United States, the United States Code, the United States Code of Federal Regulations, the State Administrative Code, federal or state motor carrier safety regulations, regulations promulgated by the Superintendent of State Police pertaining to commercial motor vehicle safety pursuant to the United States Motor Carrier Act of 1984, regulations promulgated by the State Division of Motor Vehicles, or to other provisions, standards, specification, regulations, or uniform codes, they shall apply, mutatis mutandis, as if set forth herein.
(2) All definitions of words and phrases contained in such provisions and requirements hereby adopted shall apply, mutatis mutandis, to such words and phrases when used in this chapter unless clearly indicated to the contrary. References to “highways of the state” or “Commonwealth” contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways, and other public ways within the town.
(C) The penalties imposed for the violation of any provision or requirement adopted by this section shall be and are, mutatis mutandis, as provided by general law for the same or similar offenses under general state law, particularly, VA Code Title 46.2 or under VA Code Title 18.2, Chapter 7, Article 2 (§§ 18.2-266 et seq.) or as provided for juveniles pursuant to VA Code Title 16.1, Chapter 11, Article 9 (§16.1-278 et seq.); effective as of July 1, 2004; including future amendments to those state statutes as may from time to time be adopted by the general assembly, effective upon the same date as the effective date of such state statutes and not before.
(D) Except as otherwise directed by the Town Manager, the Police Department has the responsibility to enforce this section.
(E) (1) Each of the foregoing provisions of this section has been adopted in an endeavor to preserve and extend the public welfare and safety, it is declared to be the legislative intent that, if any portion, division, sentence, clause, or provision of this section is held invalid or unconstitutional, or the application thereof to any person or circumstances, the remainder of this section shall not be affected or impaired by such judgment, decision, or order of any court of competent jurisdiction and shall be interpreted, if necessary, so as to give a meaning consistent with the purpose and intent of this section. For this purpose, the provisions of this section are severable from the particular portion or provision so declared to be unconstitutional or invalid and the remaining portions thereof shall remain in full force and effect where not inseparably connected in meaning and effect with the portion or provision of this section so declared to be unconstitutional or invalid. This division (E) reiterates § 10.05 of this code.
(2) If any portion of this section is found to be in conflict with any other provision of this code, the provisions of this section shall prevail. Adoption of this section, however, shall not affect nor prevent any pending or future prosecution of any violation of said code occurring prior to the effective date of this section; nor any violation of said code that is merely alternative to this section.
(1998 Code, § 62-2) (Ord. passed 5-13-1997; Ord. O-2004-14, passed 6-8-2004; Ord. O-2023-16, passed 12-5-2023) Penalty, see § 70.99