Commonwealth v. Rivera

On June 9, 1987, when the Fairfax City Council enacted Ordinance No. 1987-11, the state statute that was incorporated by reference into that ordinance was not then in effect. Nothing in for*110mer Code § 46.1-188 empowered a municipality to enact an ordinance that prospectively incorporated by reference a state law that was not in effect at the time the municipal ordinance was enacted.

The Supreme Court of Virginia has consistently interpreted the Virginia Constitution to mandate “that the power of a municipality, unlike that of the state legislature, must be exercised pursuant to an express…