City Ordinance Chapter 092 - Traffic and Vehicles

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                                                          Chapter 92

                                           TRAFFIC AND VEHICLES*

                                                  Article I.    In General
                      Secs. 92-1—92-13. Reserved.


                                           Article II.    Michigan Vehicle Code
                      Sec. 92-14.   Code adopted.
                      Sec. 92-15.   References in code.
                      Sec. 92-16.   Notice to be published.
                      Sec. 92-17.   Penalties.
                      Secs. 92-18—92-30. Reserved.


                                           Article III.    Uniform Traffic Code
                      Sec. 92-31.   Code and amendments and revisions adopted.
                      Sec. 92-32.   References in code.
                      Sec. 92-33.   Changes in code.
                      Secs. 92-34—92-50. Reserved.


                                                Article IV.     Junk Vehicles
                      Sec. 92-51.   Title.
                      Sec. 92-52.   Purpose.
                      Sec. 92-53.   Definitions.
                      Sec. 92-54.   General prohibition.
                      Sec. 92-55.   Storage requirements and prohibitions.
                      Sec. 92-56.   Notice of violation; removal; impounding; penalty.
                      Secs. 92-57—92-70. Reserved.


                                         Article V.   Local Parking Restrictions
                      Sec. 92-71.   Parking restrictions.
                      Sec. 92-72.   Snow emergency.
                      Sec. 92-73.   Parking violations bureau; minimum parking fines.
                      Secs. 92-74—92-99. Reserved.


                                        Article VI.   Electric Scooters and Bikes
                      Sec.   92-100.   Purpose.
                      Sec.   92-101.   Definitions.
                      Sec.   92-102.   Rules and regulations.
                      Sec.   92-103.   Registration.
                      Sec.   92-104.   Enforcement.




   *State law references—Michigan Vehicle Code, MCL 257.1 et seq.; regulations by local authorities, MCL 257.605, 257.606,
257.610.



Supp. No. 8                                                CD92:1
                                          TRAFFIC AND VEHICLES                                          § 92-71



  (i)   Within 50 feet of the nearest rail of a                   (ii)   A special registration plate issued
        railroad crossing;                                               under section 803d of the Michigan
  (j)   Within 20 feet of the driveway entrance                          Vehicle Code to a disabled person.
        to any fire station and on the side of the                (iii) A similar certificate of identifica-
        street opposite the entrance to any fire                        tion or windshield placard issued by
        station within 75 feet of the entrance if                       another state to a disabled person.
        properly marked by an official sign;
                                                                  (iv) A similar special registration plate
  (k)   Alongside or opposite any street excava-                       issued by another state to a disabled
        tion or obstruction, if the stopping, stand-                   person.
        ing, or parking would obstruct traffic;
                                                                  (v)    A special registration plate to which
  (l)   On the roadway side of a vehicle stopped                         a tab for persons with disabilities is
        or parked at the edge or curb of a street;                       attached issued under this act.
  (m) Upon a bridge or other elevated highway
                                                            (t)   In a clearly identified access aisle or
      structure or within a highway tunnel;
                                                                  access lane immediately adjacent to a
  (n)   At a place where an official sign prohibits               space designated for parking by persons
        stopping or parking;                                      with disabilities;
  (o)   Within 500 feet of an accident at which a           (u)   On a street or other area open to the
        police officer is in attendance, if the                   parking of vehicles that results in the
        scene of the accident is outside of a city                vehicle interfering with the use of a
        or village;                                               curb-cut or ramp by persons with dis-
  (p)   In front of a theater;                                    abilities;
  (q)   In a place or in a manner that blocks               (v)   Within 500 feet of a fire at which fire
        immediate egress from an emergency                        apparatus is in attendance, if the scene
        exit conspicuously marked as an                           of the fire is outside a city or village.
        emergency exit of a building;                             However, volunteer fire fighters respond-
  (r)   In a place or in a manner that blocks or                  ing to the fire may park within 500 feet
        hampers the immediate use of an immedi-                   of the fire in a manner not to interfere
        ate egress from a fire escape conspicu-                   with fire apparatus at the scene. A vehicle
        ously marked as a fire escape providing                   parked legally previous to the fire is
        an emergency means of egress form a                       exempt from this subdivision;
        building;
                                                            (w) In violation of an official sign restricting
  (s)   In a parking space clearly identified by                the period of time for a manner of park-
        an official sign as being reserved for use              ing;
        by disabled persons that is on public
        property or private property available for          (x)   In a space controlled or regulated by a
        public use, unless the individual is a                    meter on a public highway or in a publicly
        disabled person as described in section                   owned parking area or structure, if the
        19a of the Michigan Vehicle Code or                       allowable time for parking indicated on
        unless the individual is parking the vehicle              the meter has expired, unless the vehicle
        for the benefit of a disabled person. In                  properly displays one or more of the
        order for the vehicle to be parked in the                 items listed in section 675(8) of the
        parking space the vehicle shall display                   Michigan Vehicle Code;
        one of the following:                               (y)   On a street or highway in such a way as
        (i) A certificate of identification or                    to obstruct the delivery of mail to a rural
             windshield placard issued under sec-                 mailbox obstruct the delivery of mail to a
             tion 675 of the Michigan Vehicle                     rural mailbox by a carrier of the United
             Code to a disabled person.                           States postal service;


Supp. No. 7                                       CD92:13
§ 92-71                                   MUSKEGON CITY CODE



   (z)    In a place or in a manner that blocks the            allowed parking on only one side of the
          use of an alley;                                     street, but not on the paved portion of the
                                                               terrace;
   (aa) In a place or in a manner that blocks
        access to a space clearly designated as a          (LO8) In any public park, beach or other
        fire lane;                                             public area between the hours of 11:00
   (LO1) On those streets that have been signed                p.m. and 5:00 a.m.;
       or marked for angle parking, a person               (L09) From December 1 through March 1 of
       shall not stop, stand, or park a vehicle                 each year where parking is currently
       other than at the angle to the curb or                   allowed on both sides of the street, on
       edge of the roadway indicated by the                     street parking is modified as follows:
       signs or markings. The front of the vehicle
       must be nearest the curb or edge of                     a)   Parking is allowed on the side of the
       roadway and the rear of the vehicle                          street with even numbered addresses
       nearest the travel portion of the roadway                    on even numbered calendar days
       or parking area (no backing in);                             between the hours of 7:00 a.m. and
                                                                    5:00 p.m.
   (LO2) A person shall not stand or park a
       vehicle in a roadway other than parallel                b)   Parking is allowed on the side of the
       with the edge of the roadway, headed in                      street with odd numbered addresses
       the direction of lawful traffic movement,                    on odd numbered calendar days
       and with the right hand wheels of the                        between the hours of 7:00 a.m. and
       vehicle within 12 inches of the curb or                      5:00 p.m.
       edge of the roadway, except otherwise                   c)   Parking is allowed on both sides of
       provided in this part;                                       the street all days between the hours
   (LO3) A person shall not stop, stand, or park                    of 5:00 p.m. and 7:00 a.m.
       a vehicle other than a bus in a bus stop or             Where parking is currently allowed on
       other than a taxi cab in a taxi cab stand               one side of the street only, parking is
       when the stop or stand has been officially              allowed except between the hours of 2:00
       designated and appropriately signed,                    a.m. and 6:00 a.m.
       except that the driver of a passenger
       vehicle may temporarily stop therein for                In the downtown business areas:
       the purpose of, and while actually engaged              a)   Bounded by Shoreline Drive head-
       in, the expeditious loading or unloading                     ing easterly from Seventh Street to
       of passengers, if the stopping does not                      Spring Street, heading southerly on
       interfere with any bus or taxi cab waiting                   Spring Street from Shoreline Drive
       to enter or about to enter the zone;                         to Apple Avenue, heading westerly
   (LO4) On unimproved side or front yards of                       on Apple Avenue from Spring Street
       residential lots;                                            to Muskegon Avenue, heading
                                                                    westerly on Muskegon Avenue from
   (LO5) Within 50 feet of a public boat launch;                    Apple Avenue to Ninth Street, and
   (LO6) Other than between painted lines in                        heading northerly on Ninth Street
       designated parking areas;                                    to Western Avenue, heading westerly
                                                                    on Western Avenue from Ninth
   (LO7) Along or on any unpaved parkway,
                                                                    Street to Seventh Street, heading
       except where the same is used for a
                                                                    northerly on Seventh Street from
       driveway to enter private or public
                                                                    Western Avenue to Shoreline Drive;
       property. Parking on the terrace (i.e., the
                                                                    and
       area between the property line and the
       street) is permitted from December 1                    b)   On Third Street from Merrill Avenue
       through March 1 on those streets having                      to Muskegon Avenue.


Supp. No. 7                                      CD92:14
                                          TRAFFIC AND VEHICLES                                       § 92-71



        Parking is allowed except between the                    3.   A person who violates this section is
        hours of 2:00 a.m. and 6:00 a.m.                              responsible for a civil infraction.
        All signed parking restrictions apply all           (LO12) No vehicle shall display a for sale
        days of the week.                                       sign while parked on any public street or
        This section applies to every portion of                property;
        every block of every city street.                   (LO13) No person shall drive or operate a
  (LO10) Commercial vehicle defined: Com-                      motor vehicle in any area or place other
      mercial vehicle includes all motor vehicles              than the public streets and roadways or
      used for the transportation of passengers                 other such areas so designated for the
      for hire, or constructed or used for                      vehicular travel, and no person shall
      transportation of goods, wares or                         drive or operate a motor vehicle along or
      merchandise, and/or all motor vehicles                    upon any unpaved parkway except where
      designed and used for drawing other                       the same is used for a driveway to enter
      vehicles and not so constructed as to                     private or public property, nor shall any
      carry    any     load    thereon     either               person drive or operate a motor vehicle
      independently or any part of the weight                   in any public park beach or other public
      of a vehicle or load so drawn:                            area, except in those areas designated
                                                                for vehicular travel therein.
        1.    No commercial vehicle shall be
              parked upon any street or alley for        (2) A person shall not move a vehicle not
              a period longer than two hours.          owned by the person into a prohibited area or
                                                       away from a curb a distance that makes the
        2.    No commercial vehicle shall be
                                                       parking unlawful.
              parked at any angle to the line of
              the street or alley while loading or        (3) A bus, for the purpose of taking on or
              unloading for a period longer than       discharging passengers, may be stopped at a
              one hour.                                place described in subsection (1)(b), (d), or (f) or
        3.    No commercial vehicle shall be           on the roadway side of a vehicle illegally parked
              parked at any angle to the line of       in a legally designated bus loading zone. A bus,
              the street or alley where such vehicle   for the purpose of taking on or discharging a
              would prohibit the free flow of traf-    passenger, may be stopped at a place described
              fic.                                     in subsection (1)(n) if the place is posted by and
                                                       appropriate bus stop sign, except that a bus shall
        4.    No commercial vehicle shall be           not stop at such a place if the stopping is
              parked in residential areas.             specifically prohibited by the responsible local
  (LO11) Special provisions relating to trailers       authority, the state transportation department,
      and semitrailers:                                or the director of the department of state police.

        1.    No unattached trailer or semitrailer       (4) A person who violated this section is
              shall be parked on any street or         responsible for a civil infraction.
              alley at any time except when it is
                                                            (LO14) A person shall not allow a motor
              necessary to temporarily disconnect
                                                                vehicle to stand on a highway or places
              such trailer or semitrailer for
                                                                open to the public unattended without
              convenience in loading or unload-
                                                                engaging the parking brake or placing
              ing.
                                                                the vehicle in park, stopping the motor of
        2.    Streets in a business district may                the vehicle, and removing and taking
              be designated on which no trailer                 possession of the ignition key. If the
              shall be stopped, parked or allowed               vehicle is standing upon a grade, the
              to stand between the hours of 10:00               front wheels of the vehicle shall be turned
              a.m. and 6:00 p.m.                                to the curb or side of the highway. This


Supp. No. 7                                       CD92:15
§ 92-71                                        MUSKEGON CITY CODE



        section does not apply to a vehicle that is                   on any street during a declared snow
        standing in a place and is equipped with                      emergency and to transport the same to
        a remote start feature, if the remote start                   an impound facility designated by the
        feature is engaged.                                           city. Towing, storage and impound fees
(Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22-                       shall be charged to the owner of the
2016; Ord. No. 2376, 9-26-2017; Ord. No. 2394,                        vehicle and/or trailer impounded. All
§§ 1, 2, 12-11-2018; Ord. No. 2396, § 1, 12-18-                       impounding fees shall be paid prior to
2018; Ord. No. 2397, § 1, 12-18-2018)                                 the return of the vehicle or trailer to the
   State law references—Uniform Traffic Code, MCL                     owner.
257.951 et seq.; Michigan Vehicle Code, MCL 257.1 et seq.
                                                                (c)   In addition to liability for towing, storage
Sec. 92-72. Snow emergency.                                           and any other impound fees related to
                                                                      removal of a vehicle and/or trailer from
   (1) No parking during snow emergency. Except                       the street during a declared snow
as otherwise provided in this article, no person                      emergency, the registered owner and/or
shall park any vehicle and/or trailer on any                          driver of such vehicle may be ticketed for
street during a declared snow emergency. Permits                      violation of this article. Such a violation
for on-street parking issued under any ordinance                      shall constitute a civil infraction.
or authority of the city shall not be valid during
a declared snow emergency.                                      (4) Termination.

   (2) Declaration of emergency.                                (a)   Whenever the mayor, or in the absence of
                                                                      the mayor the vice mayor, or in the
   (a)    In the interest of the public health, safety                absence of both then the city manager,
          and welfare and at the request of appropri-                 finds the conditions which gave rise to a
          ate municipal staff, the mayor or, in                       snow emergency no longer exist, it shall
          his/her absence, the vice mayor or, if                      be terminated by notice given
          neither are available, the city manager                     substantially in the same manner it was
          may declare a snow emergency whenever                       declared.
          ice or snow has accumulated or is
          significantly likely to accumulate to such            (b)   In the absence of an official termination
          an extent as to impede safe travel upon                     of the snow emergency, the parking
          the city streets.                                           prohibition shall be lifted on those streets
                                                                      where the city has completed snow plow-
   (b)    Upon declaration of a snow emergency,                       ing from curb to curb for the length
          the city's designated representative shall                  thereof lying between two successive street
          immediately publicize the snow emergency                    intersections and the snow or sleet has
          and parking prohibition in a manner                         stopped.
          reasonably calculated to inform the public
          of the requirements of this article. The              (c)   In the absence of (a) or (b) above, the
          snow emergency shall be effective six                       snow emergency shall terminate automati-
          hours after its initial declaration and                     cally 48 hours after the effective time of
          publication.                                                the declaration unless the emergency
                                                                      has been extended and notice of said
  (3) Time limit for removal of parked vehicle—                       extension has been given in substantially
Impoundment conditions and penalties.                                 the same manner the emergency was
   (a)    Within six hours of the declaration of the                  first declared.
          snow emergency, any motor vehicle or
                                                               (5) Presumption that owner parked vehicle or
          trailer on any street, road or avenue
                                                            trailer. In any proceeding for a violation of this
          within the city shall be removed.
                                                            chapter, proof that the motor vehicle or trailer
   (b)    The city is hereby authorized to remove           described in the complaint was parked in viola-
          any vehicle and/or trailer which is parked        tion of such chapter, together with proof that the


Supp. No. 7                                           CD92:16
                                          TRAFFIC AND VEHICLES                                         § 92-73



defendant named in the complaint was at the                 (6) Other parking restrictions remain in force.
time of such violation the registered owner of           Nothing contained in this article shall be construed
such vehicle or trailer, shall constitute a presump-     to permit parking at any time or place where it is
tion that the registered owner of such vehicle or        prohibited by any other provision of law.
trailer was the person who parked such vehicle           (Ord. No. 2331, 12-9-2014)
or trailer at the point where and for the time
during which such violation occurred.

Sec. 92-73. Parking violations bureau; minimum parking fines.
   (1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established within the
city a parking violations bureau to accept pleas of responsible in motor vehicle parking violation cases
and to collect and retain fines and costs as prescribed by ordinance.
  (2) Upon pleading responsible or being found responsible by a court, the fines for parking violations
shall be as follows:
  (2.1) Level 1 parking violations.

   Code 92-71(1)                       Offense
   LO1                                 Violation of angle parking/backed into space signs
   LO2                                 Too far from curb
   LO2                                 Parking facing traffic
   LO3                                 Loading zone, passenger zone (bus/taxi cab zone)
   w                                   Parking overtime
   x                                   Meter parking

The penalties for level 1 parking violations are as follows:

   If paid within 14 days    If paid after 14 days but If paid after 21 days but        After 30 days
                                  before 21 days            before 30 days
   $10.00                             $20.00                    $30.00                      $60.00
  (2.2) Level 2 parking violations.

   Code § 92-71(1)                     Offense
   a                                   Parking on sidewalk
   b                                   Blocking driveways
   c                                   Within an intersection
   e                                   In a crosswalk
   f                                   Within 20 feet of a crosswalk or within 15 feet of property lines at
                                       intersection
   g                                   Too close to a flashing beacon, stop sign, yield sign, traffic control
                                       signal, or other traffic sign
   h                                   In a safety zone
   i                                   Too close to railroad
   j                                   Too close to fire station entrance
   k                                   Parking: obstruct traffic
   m                                   Parking on a bridge or in a tunnel
   n                                   Posted prohibited parking; parking violation of any posted signs
   o                                   Parking within 500 feet of an accident
   p                                   Parking in front of a theater
   q                                   Blocking emergency exits


Supp. No. 7                                       CD92:17
§ 92-73                                  MUSKEGON CITY CODE




   Code § 92-71(1)                   Offense
   r                                 Blocking fire escape
   v                                 Within 500 feet of a fire or fire apparatus (except volunteers and
                                     vehicles legally parked before the fire)
   y                                 Obstruct mail delivery
   z                                 Alley parking
   LO4                               Front and side yard parking
   LO7                               Parking on terrace or parkway
   LO9                               2a—6a parking prohibited
   LO10                              Commercial vehicles
   LO11                              Unattached trailers and semitrailers
   LO12                              Display of for sale sign while parked on city street or terrace
                                     Other violations
   L014                              Unattended vehicles (running)
The penalties for level 2 parking violations are as follows:

   If paid within 14 days   If paid after 14 days but If paid after 21 days but    If paid after 30 days
                                 before 21 days            before 30 days
    $15.00                           $30.00                    $45.00                     $70.00
   (2.3) Level 3 parking violations.

   Code § 92-71(1)                   Offense
   d                                 Too close to a fire hydrant
   l                                 Double parking
   LO6                               Parking outside the lines
   LO8                               Parking in a public park after 11:00 p.m. and before 5:00 a.m.
   LO13                              Prohibited off-road vehicular traffic
                                     Other violations in any city parks
The penalties for level 3 parking violations are as follows:

   If paid within 14 days   If paid after 14 days but If paid after 21 days but       After 30 days
                                 before 21 days            before 30 days
    $20.00                           $40.00                    $60.00                     $80.00
   (2.4) Level 4 parking violations.

   Code § 92-71(1)                   Offense
   LO5                               Parking within 50 feet of a public boat launch
The penalties for level 4 parking violations are as follows:

   If paid within 14 days    If paid after 14 days but If paid after 21 days but      After 30 days
                                  before 21 days            before 30 days
   $55.00                             $65.00                    $75.00                    $85.00
   (2.5) Any other violation of the parking provisions which are not listed in the above schedules shall
         be considered level 2 parking violations and shall carry the penalties set forth above for level
         2 violations, except that:
         a)   Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking in a space
              reserved for persons with disabilities as defined in applicable state law shall carry a
              minimum of $105.00, which shall increase to $210.00 after the first 14 days after the
              violation, and $315.00 after 30 days; and


Supp. No. 7                                     CD92:18
                                         TRAFFIC AND VEHICLES                                       § 92-102



        b)  Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall carry a minimum of
            $30.00, which shall increase to $60.00 after the first 14 days, after 21-30 days the violation
            will be $90.00 and $120.00 after 30 days.
(Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22-2016; Ord. No. 2377, 9-26-2017)

Secs. 92-74—92-99. Reserved.                              Operator means only persons over 14 years of
                                                       age or those under 14 years of age but over 12
                                                       years of age and under direct visual supervision
ARTICLE VI. ELECTRIC SCOOTERS AND                      of an adult who is in control of the operator.
               BIKES                                   (Ord. No. 2415, § 2, 6-25-2019)

Sec. 92-100. Purpose.                                  Sec. 92-102. Rules and regulations.

                                                          This article is to establish guidance in the
   The purpose of this article is to promote the
                                                       interest of public safety.
health, safety and welfare of persons operating
electric scooters and electric bikes within the            (1)   Electric scooters and electric bikes may
city, and to protect the safety of other users of                be operated on local roads, public parks,
roads and bike trials.                                           and the bike path.
(Ord. No. 2415, § 1, 6-25-2019)
                                                           (2)   Electric shooters and electric bikes shall
                                                                 not be operated on or alongside any
Sec. 92-101. Definitions.                                        sidewalk. Electric scooters are prohibited
                                                                 on all state trunk roads.
  For the purposes of this article, the following
words and phrases shall have the following                 (3)   Only persons over 14 years of age or
meanings:                                                        those under 14 years of age but over 12
                                                                 years of age and under direct visual
                                                                 supervision may operate an electric scooter
  Bike path means the sections of the Muskegon
                                                                 or electric bike.
Lakeshore Trial, which follows the shore of
Muskegon Lake and parallels Lakeshore Drive                (4)   Any person who operates an electric
and Shoreline Drive, that lie within the city.                   scooter or electric bike on a public road
                                                                 must adhere to all applicable state and
  Direct visual supervision means direct visual                  local laws, regulations and ordinances,
observation, by an adult who is in control of the                including, but not limited to, those ban-
operator, with the unaided or normally corrected                 ning the possession and use of alcoholic
eye, where the observer is able to come to the                   beverages, and all other illegal drugs. In
immediate aid of the operator.                                   addition, no electric scooter or electric
                                                                 bike containing any open container of
   Electric bike means a bicycle with an integrated              alcohol shall be operated on public roads.
electric motor which can be used for propulsion.
                                                           (5)   The operator of an electric scooter or
Electric bike does not include a vespa or moped-
                                                                 electric bike shall comply with all traffic
like vehicles, motorcycles, dirt bikes, ORVs, gas
                                                                 rules and regulations adopted by the
scooters, or any similar vehicle.
                                                                 State of Michigan and the city which
                                                                 governs the operation of motor vehicles.
   Electric scooter means a light two-wheeled
electric vehicle on which the driver stands on the         (6)   An operator may not allow the number of
floorboard or deck. Electric scooter does not                    people in or on an electric scooter or
include a vespa or moped-like vehicles,                          electric bike at any one time to exceed
motorcycles, dirt bikes, ORVs, gas scooters, or                  the maximum capacity specified by the
any similar vehicle.                                             manufacturer. The operator shall not


Supp. No. 8                                      CD92:19
§ 92-102                                     MUSKEGON CITY CODE



           allow passengers to ride on any part of
           an electric scooter or electric bike not
           designed to carry passengers.
  (7)      In no instances shall an electric scooter
           be operated at a speed greater than ten
           miles per hour on the bike path.
  (8)      No electric scooter or electric bike may be
           operated at a speed greater than reason-
           able and prudent for the existing condi-
           tions.
  (9)      Electric scooters and electric bikes must
           be operated at the right edge of the
           roadway and must yield to all vehicular
           and pedestrian traffic.
  (10) Electric scooters and electric bikes are
       prohibited from parking on any sidewalk
       or any other location that impedes
       vehicular or foot traffic. All other park-
       ing rules and limits apply.
  (11) Electric scooters and electric bikes must
       have basic equipment supplied by the
       manufacturer.
(Ord. No. 2415, § 3, 6-25-2019)

Sec. 92-103. Registration.
  All electric scooters and electric bikes are
subject to city registration requirements imposed
upon bicycles.
(Ord. No. 2415, § 4, 6-25-2019)

Sec. 92-104. Enforcement.
   Violation of the provisions of this article shall
constitute a civil infraction and carry a penalty
of not less than a $100.00 fine for a first viola-
tion, not less than a $250.00 fine for a first
repeated violation, and not less than a $500.00
fine for a second repeated offense or any
subsequent repeat offense.
(Ord. No. 2415, § 5, 6-25-2019)




Supp. No. 8                                         CD92:20

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