Get free access to the complete judgment in CITY OF KENOVA v. BELL ATLANTIC-WEST VA on CaseMine. CROSS REFERENCES See sectional histories for similar State law Authority to designate weight limits on local streets - see W. Va. Code 17C-2-8(a)(7) Authority to permit oversized buses - see W. Va. Code l7c-l7-2(b) Red light or flag on extended load - see TRAF Transporting explosives - see TRAF OVERSIZE OR OVERWEIGHT VEHICLES. The provisions of this section shall not apply to vehicles registered under proportional registration agreement. (Ord ] PERMITS REQUIRED. (WVaC 17C-1-62) RIGHT OF WAY. "City treesn means all trees located on City-owned or controlled property. (Ord ) l5os.05 MODIFICATIONS. (a) (1) Whoever violates Section (a) shall be fmed not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both, for a first offense. 363 5 National Fire Codes: Fire Prevention Bureau (2) Identify and describe the work to be covered by the permit for which application is made. (a) No person shall unlawfully, but not feloniously, ike and carry away or destroy, tamper with, injure or deface any property, real or personal, not his own. (Wac 17C-15-2) MEASUREMENT OF DISTANCES AND HEIGHTS. j > -4 * -* ~ ~ +.- *. ((3rd. (c) No operator of a hotel shall advertise or state in any manner, either directly or indirectly, that such tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the cost of any room or rooms, or that, if added, any part will be refunded. (a) "Private road" or "driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (Ord ) INSPECTION. Use of radar - see W. Va. Code 17C MAXIMUM SPEED LIMITS. References in the Codified Ordinances to action taken or authorized under designated sections of the Codified Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the Codified Ordinances. Marshall Municipal Utilities Commission. (A.O.) . Makes unreasonable noise or offensively coarse utterance, gesture or display, or communicates unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace; Insults, taunts or challenges another under circumstances in which such conduct is likely to provoke a violent response Replacement, 206 GENERAL OFFENSES CODE 14 (f) (g) (h) Hinders or prevents the movement of persons or vehicles on a public street, road, highway right of way or to, from, within or upon public or private property, so as to interfere with the rights of others, by any act which serves no lawful and reasonable purpose. Tax credit for industrial expansion; regulations. (c) Any employee absent from work without approved leave is subject to termination of employment and benefits. Upon payment of such tax, a metal tag shall be issued identifying the dog and the tax year, and the tag shall be attached and be kept attached to a substantial collar worn by the dog. (Ord ) MAYOR OR DESIGNATED REPRESENTATIVE TO BE EX-OFFICIO MEMBER. Lease or sell property so acquired under terms and conditions designed to insure the proper preservation of the landmark in question. Notify Council when a vacancy of the Director occurs before an expired term. "Mercantile establishment" does not include adjoining parking lots or adjoining areas of common use with other establishments. V, Sec. 214 - 23 Indecency and Obscenity PANDERING. BY-LAWS OF MISSOURI ONE CALL SYSTEM, INC. City of Easthampton, Massachusetts City Ordinance CHAPTER 11. For the purposes of this section, a bona fide emergency is hereby defined as a sudden and unexpected or unforeseen combination of occurrence and circumstances resulting therefrom which, for the protection of the public health or safety, demand immediate action or remedy, which constitute a pressing necessity and which were not and could not have been reasonably anticipated in the exercise of reasonable judgment BUSINESS AND OCCUPATION TAXES All successful bidders awarded contracts by the City shall be required to pay to the City applicable business and occupation taxes in accordance with the Codified Ordinances of the City of Kenova. The making, drawing, issuing, uttering or delivering of any such check, draft or order, for or on behalf of any corporation, or its name, by any officer or agent of such corporation, shall subject such officer or agent to the penalties of this section to the same extent as though such check, draft or order was his own personal act. (d) Free stopping, standing or parking places marked with the international symbol of access shall be designated in close proximity to all public entities, including state, county and municipal buildings and facilities, places of public accommodation and commercial facilities. Dr. Martin Luther King Jr. Blvd. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. The speeds set forth in this section may be altered as authorized in West Virginia Code Article 17C-6. (WVaC ) ACTS PROHIBITED BY PRIVATE CLUB LICENSEE. 74-601. This shall not be deemed to prohibit the erection upon private property adjacent to a street or highway of signs giving useful directional information and of a type that cannot be mistaken for official signs. In General Sec. 2.4 Oath - see CHTR. AN ORDINANCE TO RECOGNIZE TRANSPORTATION NETWORK COMPANIES AND TO INCORPORATE THE REGULATION OF SUCH COMPANIES INTO THE CITY TRANSPORTATION CODE; TO PROVIDE FOR THE ISSUANCE OF APPROPRIATE, Alachua County Board of County Commissioners ORDINANCE 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA; AMENDING CHAPTER 39.4. See City Job Opportunities; Career Opportunities; Get Alerts and Notifications; Email Subscriptions; Attend Upcoming Events and Meetings; Agendas and Minutes; Calendar; Column 2. or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. Slow speed. "Subscriber" means any person who receives cable television services. (Wac 17C-8-7) SIGNALS BEFORE CHANGING COURSE. 8-26A ESTABLISHED; MEMBERSHIP; DUTIES. ARTICLE FIVE APPOINTED OFFICERS Sec. 17E-1 Commercial vehicles - see TRAF. If any person fails or refuses to make a return, either in whole or in part, or if the Clerk-Treasurer has reasonable grounds to believe that any return made is so deficient as not to form the basis of a satisfactory assessment of the tax, he may proceed as he deems best to obtain information on which to base the assessment of the tax. Sec. (Wac 17C-9-3) DRIVING ONTO ROADWAY FROM PRIVATE ROAD OR DRIVEWAY; DUTY TO YIELD. VI, Sec. "Blackjack" includes, but is not limited to, a billy, billy club, sand club, sandbag or slapjack. Such lien shall also include the clerical cost of the ClerkITreasurer not to exceed the sum of ten dollars ($10.00) and a fee for the search of the records to ascertain the owners of such property not to exceed the sum of fifty dollars ($50.00). A person exercising privileges taxable under the other sections of the article, producing coal, oil, natural gas, minerals, timber or other natural resource products the production of which is taxable under Section and using or consuming the same in his business, shall be deemed to be engaged in the business of mining and producing coal, oil, natural gas, minerals, timber or other natural resource products for sale, profit or commercial use and shall be required to make returns on account of the productions of the business showing the gross proceeds or equivalent in accordance with uniform and equitable rules corresponding as nearly as possible to the gross proceeds from the sale of similar products of like quality or character by other taxpayers, which rules the Clerk-Treasurer shall prescribe. The City may require any applicant for any service by the system to deposit a reasonable and equitable amount to insure payment of all charges for the services rendered by the system, which deposit shall be handled and disposed of under the applicable rules and regulations of the State Public Service Commission. Payment; penalty for nonpayment Lien of tax due and unpaid. During the construction period, the Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable laws and ordinances. CROSS REFERENCES Power to regulate - see W.Va. Code (10), (23) Junk vehicles - see TRAF Littering - see GEN. OFF. After the public hearing, Council may adopt the budget with or without amendment. (Ord ) AUTHORITY AND POWER. (4) Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Permit Officer. The Commercial Motor Vehicles Safety Act of 1986 exempts vehicles used exclusively for personal use such as recreation vehicles and rental trucks used only to transport the driver's personal or household property. or occupancies Definitions Unsafe buildings Amendments to the National Penalty. 5.2 City Judge. (WVaC 17E- 1-14) Replacement, 174 TRAFFIC CODE 74F PENALTY. (Ord ) CORRECTIVE ACTION AND TERMINATION. Any complaint or order shall be served upon the owner in accordance with the law of this State concerning the service of process in civil actions, and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the complaint. 3.4 Vacancy in Office of Mayor. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials. 3.5 Board and Commissions generally - see ADM. Art PURPOSE. 256 ARTICLE 535 Theft of Cable Television Services Definitions Sale or transfer of the device Acquisition of cable television or plan intended for acquisition services. CROSS REFERENCES Theft of cable television services - see W.Va. Code Art. (g) No licensee shall permit in his premises any lewd, immoral or improper entertainment, conduct or practice; (h) No licensee except the holder of a license to operate a private club issued under the provisions of West Virginia Code Article 60-7, or a holder of a license for a private wine restaurant issued under the provisions of West Virginia Code Article 60-8, shall possess a Federal license, tax receipt or other permit entitling, authorizing or allowing such licensee to sell liquor or alcoholic drinks other than nonintoxicating beer; (i) No licensee shall obstruct the view of the interior of his premises by enclosure, lattice, drapes or any means which would prevent plain view of the patrons occupying such premises. This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. (Wac 17C-15-33) 1993 Replacement, 147 TRAFFIC CODE MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE. (b) All collections under the provisions of this article shall be deemed to be held in trust by the operator until the same have been remitted to the City in the manner provided in this article. (a) Definitions. (a) The Sanitary Board shall have the supervision and control of the custody, administration, operation and maintenance of any and all works for the collection, treatment and disposal of sewage, which are now owned or may hereafter be acquired by the City of Kenova (b) The Sanitary Board shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of the powers granted to such Board by this article and under and by virtue of Article 13, of Chapter 16, of the Code of West Virginia, as the same now exists and may hereafter be amended; but the powers of the Sanitary Board shall be subject to all restrictions and limitations contained in said Article 13 as the same now exists or may hereafter be amended Replacement, 58 26A Sanitary Board (c) The Sanitary Board may employ engineers, architects, inspectors, superintendents, a manager, collectors, attorneys and such other personnel as in its judgment may be necessary in the execution of its powers and duties, and may fix their compensation, all of whom shall do such work as the Board shall direct. Class C: commercial mooertv. A report giving the results of the test shall be made to the customer and a complete record of the test shall be remitted to the Public Service Commission. Anchoring. grade crossing dangerous driving across moving heavy equipment over parking near (a)(9) stopping at sign or signal, unauthorized speed; blocking crossings 541.O1 tampering with sign or signal trespassing penalty Replacement, 20 GENERAL INDEX 22 RAILROAD MUSEUM COMMISSION (see CEREDO-KENOVA RAILROAD MUSEUM COMMISSION) RECALL Councilmember Chtr. 3.3 appointment, power of Chtr Sec. roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event, of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section. Any tax, penalties or interest due and payable under this article shall be a debt due the City of Kenova and shall be recoverable in an action brought in the name of the City for the recovery of such tax, penalty or interest. (a) No person may drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. (3) It is in the best interest of the City of Kenova that the jurisdiction of its Department of Public Safety extend to its water treatment plant, water storage tanks, booster stations, and other City properties outside of the corporate limits. "Cultivated land" means that land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture or trees or is fallow land as part of a crop rotation.. "Fenced land" means that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire or other material,. SECTION 6.8 PROHIBITIONS. A city ordinance is a type of authoritative law, rule, or regulation made by a city government, as opposed to a law made by a state, province, or national government. (Ord ) 1993 Replacement, 384 CHAPTER 1725 Building Inspection and Occupancy Permits Purpose Authority and power Building inspections Occupancy permits Penalty. (c) Except as authorized in subsections (d) and (f) of this section and Section , flashing lights are prohibited on motor vehicles: Provided, that any vehicle as a means for indicating right or left turn, or any vehicle as a means of indicating the same is disabled or otherwise stopped for an emergency may have blinking or flashing lights. Art Beautification Commission. (WVaC ) POSSESSION OF MACHINE GUNS. Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog. (2) A person also commits the offense of shoplifting if such person, alone or in concert with another person, knowingly and with intent obtains an exchange or refund or attempts to obtain an exchange or refund for merchandise which has not been purchased from the mercantile establishment. 'Litter" means garbage, refuse and/or rubbish as herein defined. CITY OF KENOVA (Sewer) P.S.C. CROSS REFERENCES Regulating buildings unfit for human habitation - see W.Va. Code DECLARATION OF NUISANCE. Lessees, sublessees or other denominated lessees are considered to be producers of all of the oil or natural gas produced, regardless of any payment, in kind, or lessors, sublessors or other denominated lessors of a part of such natural resources as rents or royalties. in street Penalty Play streets Toy vehicles on streets. 60A POSSESSION OF MARIJUANA. 82-2. (c) For the purposes of this article, a "full-time" employee is an employee who works an average of at least forty (40) hours per week per annum, including paid leaves, and a "parttime" employee is an employee v\ ho works an average of less than forty (40) hours per week per annum. (1) "Abandoned motor vehic1e"means any motor vehicle, or major part thereof. 2.2 General attendance requirement - see CHTR. (Ord ) DISCARDING BOXES AND CRATES. (Ord ) JEOPARDY ASSESSMENTS. Sale or display of obscene matter. (Ord ) PENALTY. House trailers, as used hereinabove, include both mobile and immobile units. Vice-chairman and Secretary!-Treasurer; (d) Keep records of its actions and minutes of all of its meetings; (e) Prepare and submit a budget no later than April 1st prior to the fiscal year outlined in the budget; (f) Administer, develop, maintain, manage, program and operate all the parks and recreational facilities of the City; 9 Prepare an\ and all contracts and agreements necessary and incidental to the performance of duties and in the execution of the powers under this article; (h) Establish rules and regulations governing the use of the City's park and recreational facilities; and (i) Employ all person(s) necessary to execute the duties and powers under this article. (Wac 17C-7-2) OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES. The Building Inspector may continue the hearing with the City Council or the Board of Zoning Appeals if necessary or desired Replacement, 358 PLANNING AND ZONING CODE 6 (c) Where no substantial work toward establishing a mobile home park is done under a permit within ninety days of its issuance it shall become null and void. (Wac 17C-15-37) SAFETY GLASS IN MOTOR VEHICLES. 36, Appendix A, section 4.6. (a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Department of Motor Vehicles which shall be visible from all distances from fifty feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. The City Clerk-Treasurer shall be the chief election official for all City elections. All the laws of the State, including but not limited to West Virginia Code Chapter 17C and all rules, regulations and orders made by the Public Service Commission, the State Road Commission, the Department of Motor Vehicles, the Department of Public Safety and the Superintendent of the Public Safety of the State or any one or more of them, insofar as such rules, regulations and orders may relate or apply to traffic upon the public streets and highways of incorporated villages, towns and cities, shall be deemed, held to be and are hereby made a part of this section and any violation of such rule, regulation or order shall be a violation of this section and constitute an offense. Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed. A tie among members for the office of Vice President shall be decided as prescribed above for the office of President. 3.2 legal counsel, appointment of Chtr. St. Paul, MN 55155 Phone: 651-297-7651 41 ADMINISTRATIVE CODE 4 (b) All references to codes, chapters, articles and sections are to such components of the Codified Ordinances unless otherwise specified. (b) ADDroval of Permits and Plans. (WVaC 17A-3-1) REGISTRATION CARD. tractor-tanker of any type upon the public streets, alleys or private property in the City, other than in passing through the City Replacement, 158 TRAFFIC CODE 66 (c) No vehicle as described in subsection (a) hereof shall be stored or parked in any truck terminal or on any street in the City, except while engaged in unloading its cargo, whether chemicals, petroleum or solid explosives or inflamrnables for a period longer than one hour unless in case of an emergency, and the Police Department and/or the Fire Department has been notified in which case the emergency will be corrected as soon as possible. "Stop1' when required, means complete cessation from movement. 11-1. (WVaC 17C-1-50) TRAFFIC CONTROL DEVICES. Sections within articles are consecutively numbered, except that penalty provisions are usually assigned the number.99. The amount so assessed shall be immediately due and payable, and a notice of assessment and demand for the payment thereof shall be served upon the taxpayer. Where more than one house, dwelling, trailer or camper is connected to the same (common) meter, the bill rendered shall not be less than the minimum charge, multiplied by the number of houses, dwellings, trailers or campers. (WVaC ) Owner, when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property. (b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane which is clearly marked as a left turn lane except in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. A prostitute shall be a competent witness in any prosecution hereunder to testify for or against the accused as to any transaction or conversation with the accused, or by the accused with another person or persons in the presence of the prostitute, even if the prostitute may have married the accused before or after the violation of any of the provisions of this section, whether called as a witness during the existence of the marriage or after its dissolution. The owner or lessee of the property shall have the right to apply to the Circuit Court of the County for a temporary injunction restraining the Unsafe Buildings Commission pending final disposition of the cause. If a motor vehicle has a bumper, the bumper must be at least three inches in vertical width, centered on the center line of the motor vehicle and not less than the width of the wheel track distance. This article shall be known and may be cited as the "Municipal Service Article of the City of Kenova." (g) Vehicles used as the lead car in a funeral procession are hereby authorized to be equipped with, but are not required to use, purple lamps or purple flashing lights. Any component code may be referred to and cited by its name, such as the "Traffic Code". 6.2 SECTION 5.4 ACTING APPOINTED OFFICERS AND VACANCIES. (3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Director or his designee. Beginning October 1, 1987, all Municipally owned facilities shall pay for water services rendered. (a) Brake Equipment Required. The Director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared Replacement, 287 BUSINESS AND TAXATION CODE 2N (2) The application shall be sworn to be true and correct by the applicant. (Ord ) 1998 Replacement, 367 BUILDING AND HOUSING CODE DEFINITIONS. (b) The Clerk-Treasurer shall issue a ruling within a reasonable time from the date of the hearing, and the taxpayer shall have such right of appeal as provided by law. No person shall engage in, or aid or abet by serving as lookout or timer or in any other capacity whatever, any speed race, as defined herein, on any public street or highway in this Municipality. (a) No board or commission of the City shall employ any person, firm, association, partnership or corporation to perform, on a regular basis, any service or labor without first securing the permission and approval of the Mayor and Council. *THE CITY OF KENOVA WOULD LIKE TO WISH EVERYONE A MERRY CHRISTMAS AND HAPPY NEW YEAR* CITY OF KENOVA CITY OF KENOVA CITY OF KENOVA CITY OF KENOVA. CROSS REFERENCES Conflict of interest - see CHTR. The fee charged to the owner(s) of residential property shall be three cents (3C) per square foot for the first floor of the main structure on the property. (d) Nothing contained in this section prohibits the operation on a public street or highway of a motor vehicle with normal wear to the suspension system if such normal wear does not adversely affect the control of the vehicle. (b) If within the time provided in the order, the owner fails to notify the Commission and do the work required, the Commission shall proceed to have such work done, either by contract or by the purchase of necessary materials and the employment of workers and equipment. ARTICLE 101 Codified Ordinances Designation; citation; Construction of section headings. (e) All employees of the City shall wear their uniforms as provided by the City. (a) The City may provide either uniforms or a clothing allowance not to exceed the amount of four hundred dollars ($400.00) per fiscal year to all permanent full-time employees. No. However, no angle parking shall be permitted on a State or Federal-aid route unless approved by the State Commissioner of Highways. Leaking commodes, dripping faucets, malfunctioning appliances and similar situations shall not constitute leaks which entitle the customer to a recalculated bill. (h) As used in this section: "Bus" means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons. Each application for the annual renewal of such permit shall be accompanied by a fee of five dollars ($5.00). Application to vehicles upon streets and high ways; exceptions. A person exercising any privilege taxable under Sections through and engaging in the business of selling his natural resources or manufactured products at retail in this City shall be required to make returns of the gross proceeds of such retail sales and pay the tax imposed in Section for the privilege of engaging in the business of selling such natural resources or manufactured products at retail in this City. Website. Such note would be canceled when the person withdraws his request for a hearing and pays the charges; or if he pays the removal and storage fees after being found liable at the hearing; or if the removal and storage is found to be in violation of this section Replacement, 100 15 Enforcement. In the event the motorcycle, motordriven cycle or moped is equipped with a single-beam lamp or lamps such lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes. Applications must be submitted by hand delivery to the office of the Director or the Director's designee during regular working hours. (Ord ), 55 ADMINISTRATIVE CODE 3 0 Any and all persons employed by the Park Board to execute the duties and powers under this article, are subject to the approval of the Mayor and Council. Any of the above methods of service of such notice shall be deemed sufficient notice to such person of the contents thereof. A. (WVaC a) Replacement, 205 ARTICLE 509 Disorderly Conduct and Peace Disturbance Disorderly conduct Loud music Loitering on school Penalty. CODE OF ORDINANCES Corporation of RANSON, WEST VIRGINIA Codified through Ordinance No. 880-6. that if such failure is due to reasonable cause, the City of Kenova may waive in u hole or in part these penalties. Refuse. This section applies wherever the school bus is receiving or discharging children, including, but not limited to, any street, highway, parking lot, private road or driveway: provided, that the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to such highway and where pedestrians are not permitted to cross the roadway. This ordinance shall become effective immediately upon passage and approval by the Mayor and publication according to law. (a) Notwithstanding any other provision of this article to the contrary, a person under the age of eighteen years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon: provided, that a minor may possess a firearm upon premises owned by such minor or his family or on the premises of another with the permission of his or her parent or guardian and in the case of property other than his or her own or that of his family, with the permission of the owner or lessee of such property. To YIELD election official for all City elections Code article 17C-6 with other establishments and immobile units on City-owned controlled. Trees located on City-owned or controlled property sufficient notice to such person of the landmark in question absent... Of KENOVA v. BELL ATLANTIC-WEST VA on CaseMine does not include adjoining parking or. Code Definitions National Penalty, refuse and/or rubbish as herein defined be accompanied by a fee of dollars. 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