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AN ORDINANCE TO AMEND CHAPTER 23 OF THE CODE OF THE CITY PORTSMOUTH, VIRGINIA, 1973, BY AMENDING SECTION 23-89(b) THEREOF, PERTAINING TO MOTOR VEHICLES. OF BE IT ORDAINED by the Council of the City of Portsmouth, Virg inia: 1. That Section 23-89(b) of the Code of the City of Portsmouth, Virginia, 1973, be amended to read as follows: Section 23-89. Driving while license, permit or privilege has been suspended or revoked. (b) Any person violating this section shall, for the first offense be confined in jail not less than ten (10) days nor more than six (6) months and may in addition be fined not less than on hundred dollars ($100.00) nor more than two hundred dollars (S200.00); and for the second or any subsequent offense be confined in jail not less than two (2) months nor more than one year and may in addition be fined not less than two hundred dollars (s200.00) nor more than one thousand dollars ($1000.00). Except in a case where the violation of this section arose out of a revocation of the defendant's license for nonpayment of a fine or fines pursuant to ~46.1-423.3 of the Code of Virginia, the court shall not suspend the entire jail sentence in any case but may, in its discretion, suspend a portion thereof. However, this provision, in the discretion of the court, shall not apply if the operation of the motor vehicle was due to an emergency involving danger to the health or life of any person or to property; and the court may, in its discretion, prescribe that the jail sentence shall be served at such time or times as the court may direct after considering the circumstances of the person convicted of violating this section. 2. This ordinance shall take effect on the date of its adoption. Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held January 12, 1988. Teste: City Clerk