Ordinance 355
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OHDIjJANCE NO. j J ,:] .
AN ORDINANCE P~GULiTING TfulFFIC AriD C_taB OF VEHICLES UPON iHE PU3LIC
STR~TS OF ~liE CITY OF GILROY, AlTD REP~~LING ORDIilllTCE ~O. 343
AND ALL ORDIlLUTCES AIm PARTS 01' ORDIlUlTCES nr COlJ.B'LIC'r liEREWITH.
The Mayor and Common Council of the City of Gilroy do ordain as follows:
ARTICLE I.
Definitions.
Section~.l. vThenever in this ordinance the following terms are
used, they shall have the meanings respectively ascribed to them
in this section:
street. Every way set apart for public travel except alleys
bridle paths and foot paths.
Roadway. That portion of a street between the regularly estab-
lished curb lines.
Alley. A public highway which does not exceed 20 feet between
property lines.
Sidewalk. Thai portion of a street between the curb lines and
the adjacent property lines.
Intersection. The area embraced within the prolongation of
.the property lines of two or more streets which jo in at an a1.lgle t
whether or not one such street crosses the other.
Crosswalk. That portion of the roadway included within the
prolongation of curb and property lines at street intersections.
Safety Zone. That marked portion of a roadway reserved for
the exclusive use of pedestrians.
Loading Zone. That space adjacent to a curb reserved for
the exclusive use of vehicles during the loading or unloading of
passengers or materials.
Vehicle. Every device or animal by which any person or
property is or may be transported or drawn upon a street,
excepting devices moved b./ human power or used exclusively
upon rails.
For the purpose of this ordinance a bicycle shall
be deemed a vehicle.
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Pedestrian. Any person afoot.
Operator. .tny perRon who is in actual physical control of a
vehicle.
Curb. The lateral boundary of that portion of a street
used as a driveway, whether marked by a curbing constructed of
stone, concrete, or other material.
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Business District. The "Business DistfiC1jlfA includes that por- ../
tion of the City of ,Gilroy that lies between the South line of
Third Street and the North line of Eighth Street, and the East
line of Eigleberry Street and the Westerly line of the Southern
Pacific Company's right of way; and such part or parts of the
City that may hereafter be added to said district by resolution
adopted by the !,layor and COLnrrlOn Council.
J:1raffic. Pedestrians and vehicles either singly or together,
while using any street for purposes of travel.
Right of Way. The privilege of the immediate use of the street.
Park. To stand a vehicle for a period of time greater than
is reasonably necessary for the actual loading or unloading of pers-
ons or materials.
Official Warning and Direction Signs and Sjgnals . All warn-
ing and direotion signs and signals not inconsistent with this
ordinance heretofore, or hereafter placed or erected under this
ordinance or by authority of the Common~Council.
ARTICLE II
Authority of Police.
Traffic Signs and Signals.
Section 2. Obedience to Police. Officers of the Police De-
partment are hereby authorized to direct all traffic by means of
visible or audible signal, and it shall be unlawful for any person
to refuse or fail to comply with any lawful order, signal or direc-
tion of a traffic or police officer.
It shall be unlawful for
any Ininor to direct or attempt to direct traffic unless authorized
to do so by order of the C'i ty l,:arshal.
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Section 3. Signs. The Common Counoil shall by resolution
determine and dBsignate the character of all official warning and
direction signs and signals. Subject to this selection, the City
Marshal is hereby authorized, and as to those signs required here-
under it shall be his duty, to place and maintain or cause to
be placed and maintaine8 all official warning and direotion
signs and signals. All signs authorized and required here-
under for a particular pur~ose shall be uniform.
no provision of this ordinance for which signs are required
s~all be enforceable against the alleged violator if at the time
and place of the alleged violation the sign herein required is not
in proper position and sufficiently legible to be seen by an
ordinarily observant person.
Section 4. Obedience to Traffic Signs. It shall be unlawful
for any operator or pedestrian to disobey the instrtlc'~ions of
any mechanical or electrical traffic signal, traffio sign or marks
upon the street placed in accordance with the provisions of this
ordinanoe,.
No public utility or department in this city shall erect or
place any barri r or sign unless of a type first a~?roved by
the City Uarshal. It shall be unlawful for any operator or ped-
estrian to disobey the instructions of any barrier or sic;n c.'..~i:9roved,
as above provided, eredte? or placed bv a public utility or
by any department of this city.
Section 5. The City Harshal is hereby authorized and required
to establish and' maintain a1~d to designate upon the surface of
the roadway, by al))ro~oriate devises, marks or white lines, cross-
vmlks a:pl)roximately egual in ',ridth to the adjacent sidewalk
at all intersections where in his Ol)inion there is :;}Ecrticular dan-
ger to pedestrians crossin3 the roadway.
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When crosBYialks ~re established and maintained outside a
business district~ ~he City Marshal shall by ap~ropriate devices,
m3.rJ:::s or ",'1hi te lines, m::::.rk c.nd E13,intain alone; the surfac e 0:: the
.
l~03.a.'ilajo~ snsrrow not less than tHel ve (If:) inches '.-,icle in the
sh3.ft and not less than thirty (30) feet long, pointing in the
direction of STIch crossvalk, together with the word SLOW in block
letJGers 110t less th,:jJ:l tner.:ty-four (24) inches high and no.t less
0han four (t,;,) inches vlide one hundred (lOa) feet distcmt from
e2.ch crosswalk so estsblisLec1.
Section 6. Display of Unauthorized Signs Prohibited. It
shall be unlawful for any person eGO place 01' maintain or to ,dis-
play an;;,!' device, o.ther than an official warning or direction sign
or signal erected under coml1etent authorit~f, upon or in view of
a street, v.,rhich purpor.ts 'GO be, or iB an imitation of, or resembles,
an official 1:varning or direction sign or signal, or which a'ctempts
1;0 direct the movemen-t of traffic or the actions of operators, and
any such prohibi tecl device shall be a l)ublic nuiss.nce, and the
Ci ty I~arshal may remove it, or cause it to be removed, without
no'cice.
It shall be unlawful for an~l ~)erson to wilfully deface, injure,
move or interfere with any official warning or direction sign or
signal.
Section 7. Police and Fire Vehicles Exempt from Certain
Rules. The provisions of this ordinance regulating the muve-
ment, parking and standing of vehicles shall not apply to emergency
vehicles of the polic~ or sheriff's office or of the fire depart-
ment or of a public utility while the driver of any such vehicle
is engaged in t he necessary performance of :public emergency duties.
ARTICLE III.
Pedestrians.
Section 8. Pedestrian's Right of Way at Intersections.
(a) It shall be unlawful for the operator of any vehicle to
drive into any crosswalk which is marked as provided in Section 5
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of this ordinanoe, Yfhile there is in such crosswalk upon the half
of the roadway upon which such vehicle is traveling any pedestrian
engaged in crossing the roadway until such pedestrian shall have
passed beyond the path of said vehicle.
(b) The operator of a vehicle shall stop before entering any
crosswalk when any other vehicle proceeding in the same direction
is stopped at such crosswalk.
(c) The foregoing provisions of this section shall not apply
at intersections where traffic is being directed by an officer,
at which intersections the mutual rights of peJestrians and operat-
ors of vehicles shall be exercised under the direction of the offi-
cere
Section 9. Pedestrian's Limited Right to Use of Roadway.
Vfuen within a business district, no pedestrian shall cross a road-
way other than by a crosswalk.
Outside of a business district no pedestrian shall cross a road-
way other than by a rout e at right angles -to the curb and when cro ss-
ing at any place other than a crosswalk shall yield the right of
way to all vehicles upon the roadway.
It shall be unlawful for any person to be in any roadway other
than in a safety zone or crosswalk, provided that this provision
shall not be construed to prevent the necessary use of a roadway
by a pedestrian.
It shall be unlawful for any person to stand in a roadway for
the purpose of or while soliciting a ride from the operator of any
private vehicle.
Section 10. Pedestrians to Obey Signals. At intersections,
or other places, where traffic is directed by a traffic or police
officer, it shall be unlawful for any pedestrian to cross the
roadway other than with released traffic.
Section 11. Pedestrians Standing on Sidewalks. In any
business district it shall be unlawful for any pedestrian to stand
on the sidewalk, except as near as is physically possible to the
building line or the curb line.
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ARTICLE IV.
Rules for Driving.
Section 12. Method of Approach for Left Turn. The operator
of a vehicle intending to turn to the left at an intersection
or into an alley or driveway shall approach the point of turning
in the line of traffic next to the center of the roadway.
Section 13. Method of Turning to Left at Intersections. The
operator of a vehicle in turning left at an intersection shall pass
to the right of the center of the intersection before turning, ex-
cept that where markers have been placed upon the intersection
boundary lines to be crossed by the vehicle, the operator shall
lJaSS to the right of such markers.
Section 14. Location of Turning Markers. The City Marshal
is hereby authorized, and as to those intersections mentioned in
paragraph (1) of this section it shall be his duty, to place or
cause to be placed turning markers in intersections as follows:
(I) Within intersections Where either intersecting roadway
is less than sixty (60) feet in width and in intersections where
streets meet at other than right angles and in intersections
where one street terminates in another, a marker shall be placed
at every intersection of the medial line of each street With the
prolongation of the property or the curb lines of the intersecting
street, or as near the intersecting point of said lines as may be
pract ical.
(2) Intersections other than those mentioned in paragraph
(I) may be marked as provided in paragraph (I), or a single
marker may be placed within such intersection at the intersection
of the medial lines of the intersecting streets.
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Section 15. Method of Ayproach for Right Turn. The operator
of a vehicle intending to turn to the right at an intersection or
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into an alley or driveway shall approach the point of turning in
the line of traffic nearest the edge or curb of the street.
Section 16. When Right or Left Turns May be Made. Within the
or left
Business District a righ!/turn may be made at any intersection.
by the operator of any vehicle if not against a traffic signal.
Elsewhere the operator of a vehicle may make a right turn
at any intersection irrespective of a traffic signal, after stopp-
ing at a boulevard stop and subject to the right of pedestrians at
such intersection.
Section 17. When 1urning Around at Intersections Prohibited.
The operator of a vehicle shall not within the J3usiness District/
between the hours of seven (7) A. M. and six (6) P. M. turn such
vehicle at an intersection in a complete circle or so as to proceed
in the opposite direction', ~and except at Monterey and Third
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Streets and Monterey and Seventh streets.
Section 18. Driving from Alleys. The operator of a vehicle
emerging from an alley, driveway or garage shall stop such vehicle
irnmediately prior to driving onto a sidewalk or onto the sidewalk
area extended across any allwyway.
Section 19. Vehicles Shall Not Be Driven on Sidewalk. The
operator of a vehicle shall not ~rive within any sidewalk area
except at a permanent or temporary driveway.
Section 20. Certain Vehicles Prohibited in Business District.
(a) It shall be unlawful for the operator of any of the following
vehicles to drive the sa,me in any business district between the
hours of seven (7) A. M. and six (6) P. ]':;1. of any d2.y except
Sunday:
I. Any vehicle so loaded that any part of its load extends
more than three (3) feet to the front or more than ten (IO) feet
to the rear of said vehicle.
Section 21. Passing at Intersection Prohibited.
It shall be
unlawful for the operator of a vehicle to pass another vehicle
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going in.the same direction at any intersection.
Section 22. Through Traffic Routes. The City Marshal, when
so directed by Resolution adoptee. by the ~,Iayor and Common Council,
shall establish over an dl)pro:priate street or streets and to desig-
nute by a:ppropriatie signs, through trs.ffic routes for the movement
of vehicles of tV!O (2) or more tons capacity designed for carrying
merchandise, freight or material.
When r;,.ny such through trsffic
route or routes are established and Cl.esignated "b;l api;ropriat e signs,
the operator of any vehicle mentioned in this :;?aragraph shall drive
on such route or routes and none other except v'lhen i"e is impractical
to do so or when necessary to traverse another s~(jreet or stree'cs
to a o.estination for the pUrl)oSe of loading or unloading, but then
only by such deviation from the nearest freight route as is reason-
ably necessary.
Section 23. ~rterial, Stops. The following streets and parts
of streets and those streets su1)seguently so designated by reso-
lution, are hereby declcurect to constitute Arterial streets for the
purpose of this section:
110nterey Street from J:Torthern City limit s to Southern City
limits, inclusi v~ Eigleberry Street fr()ill First to Eighth streets,
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~ operator of a vehicle traversing any street intersect-
ing any Arterial street shall bring such vehicle ax to a full stop
at the place where such street meets the nearest property line of
the Arterial Street ~efore entering such Arterial street, provided
the property line is clearly marked or sign posted as required in this
ordinance, except at intersections where and when traffic is sub-
ject to stop and go signals or directions.
The City Marshal is hereby authorized and required to pl~ce and
maintain or cause to be placed and maintained upon each and every
street intersecting an J..rterial St;reet and at or ne:.~r the property
line of the Arterial Street appropriate signs upon the street or
devices or marks in the roadway, such signs, devices or marks to
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bear the word ffSTOP" or the words "ARTERIAL STOP" in such position
and with letters of a size to be clearly legible from a distance
of fifty (50) feet alrmg the street intersecting the Arterial Street.
Section 24. Crossing Fire Hose. No vehicle shall be driven
over any unprotected hose of the Fire Department 'when laid down on
any street or private driveway, to be used at any fire or alarm of
fire, without the consent of the Fire r':arshal or 'the assistant in
command.
Section 25. Bicycle Riding Restricted. It shall be unlawful
to ride a bicycle upon any sidewalk. The rider of a bicycle upon
a roadway shall ride as nearly as practicalle within five (5)
feet of .~he right-hand curb or edge of the roadway except when pass-
ing a standing or other vehicle or making a left-hand turn at an
intersection, provided, however, Uni.ted States Postal Carriers may
ride on sidewalks in residence districts.
Section 26. Riding on Hdndle Bars Prohibited. It shall be
unlawful for the operator of any bicycle or motorcycle when
upon a street to carry any o'ther person upon the bar, handle or tank
of any such vehicle or for any person to so ride upon any such veh-
icle.
Section 27. Unlawful to Drive Through Funeral Procession.
It shall be unlawful for the operator of any vehicle to drive
between the vehicles comprising a funeral procession, provided
that such vehicles are conspicuously so designated. .
Section 28. Clinging to Moving Vehicles. It shall ue unlawful
for any person traveling upon any bicycle, motorcycle or any toy
vehicle to cling to or attach himself or his vehicle to any other
moving vehicle upon any roadway.
Section 29. Use of Coaster~, Roller Skates and Similar De-
vices Restricted. It shall va unlawful for any person upon roller
skates or riding in or by means of any coaster, toy vehicle or
similar device to go upon any roadway or upon the sidewalk in the
Business District.
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ARTICLE V.
stopping, Standing and Parking.
Section 30. Stopping Prohibited in Specified Places. It shall
be unlawful for the operator of a vehicle to stop such vehicle
in any of the following places except when necessary to avoid
conflict with other traffic or in compliance with the direction
of a police officer or traffic sign or signal:
(1) In an intersection;
(2) In a crosswalk;
(3) Between a safety zone and the adjacent curb or within
twenty (20) feet of a point on the curb immediately opposite the
end of a safety zone:
(4) Within thirty (30) feet of an intersecting roadway ex-
cept busses at a designated bus stop.
Section 31. Standing for Loading Only in Certain Places.
(a) It shall be unlawful for the operator of a vehicle to stop said
vehicle for a period of time longer than is necessary for the load-
ing or unloading of passengers or materials, provided that the
loading or unloading of passengers shall not consume more than
.chree (3) minute..,s, nor the loading or unloading of materials
more "than twenty (20) minutes, in any of 'the following places:
1. In any alley:,
2. At any curb within fifty (50) feet of the entrance to
any ~ire department building.
3. In any marked bus stop.
(b) ~~ 3us stops shall be designated by
appropriate signs at those places determined by resolution of the
Mayor and qOEilllon Council except that a bus stop shall not exceed
fifty (50) feet in length and shall not be placed adjacent to a
safety zone.
Seccion 32. Parking Time Limited in Specified Places.
The operator of a vehicle shall not park such vehicle for longer
than two (2) hours on any Arterial Street in any business
district between the hours of 7 A. M. an d 6 P. M. of any day
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except Sunday and subject to the special restrictions impesed by
Sections 30 and 31.
Signs sha.ll be erected and maintained no.t more than one hundred
fifty (150) feet apart in each block designating the provisions
of this section.
Section 33. Early Morning Parking Limited. It shall be un-
lawful for the operator of any vehicle to park said vehicle on amy
paved street for a period of time longer than one (I) hour between
the hours of 2 .;,\. Ivl. and 5 A. :rI. of any day.
Section 34. Standing or Parking Close to Curb. The operator
of a vehicle shall not stop, stand or park such vehicle in a
roadway other than parallel with the curb and "lith the two rigl:ijt-
hand wheels of the vehicle within one (1) foot of the regularly R
established curb line, except that upon those streets "vvhich have \
been marked for angle parking, as provided in this section, vehicles
shall be parked at the angle to the curb indicated by such marks.
The Common Council, by resolution, or the City Marshal,
is hereby authorized to determine upon ',vhat streets angle parking
shall be perrni tted and "to indicate such places by che painting of
white lines upon the surface of the roadway to indica"te the proper
angle for parki?g, provided that such lines shall not be placed
upon, nor shall angle parking bw permitted upon, any street where
such parking Vlould cHminish the width of the roadway e.vailar)le for
trdvel to less than twenty (20) feet, nor upon any street which
is a continuation of or part of a county trunk line highway or a
state highway unless a clec~r i7idth of thirty (30) feet is left for
the movement of vehicles 'c!hen angle }!::1rking is peri!.:itted.
The City llarshal is hereby authorized to prohibit the parking
of vehicles, provided al)lJropriate sic;ns Ei.re placed 2nd maintained
to C;i ve notice thereo.f, on one side 0::: a street in an;;r block Ylhere
angle parking is permitted on the o~posite side of the s.1ireet in
,
such 'block.
Section 35.
Parkin& Vehicles For Sale. It shall be unlawful
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for the operator of any vehicle to ~lark the ssme upon any stree~
for the purpose of displaying it for sale, or to ~~rk any vehicle
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upon any street in any business district from VITlich said vehicle
merch~ndise is beinG sold.
Section 36.
Parkin:?; of Ta.xic~bs Restricted. Taxicabs may
onlJ~ be p~rke(J. at places o.esic;nated by the Ci'ty I:Iarshal who m:::"y also
deterr.line the time for such pE~rking.
Section 37. Parking in Alleys Prohibited. No vehicle shall be
1),:,_rlr.ec1 in an~r l')u1)lic i3:,lley in _ he City of Gilro~T.
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Section 38. P0rkil~ of trucks and trailers
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l~R~GJ!" 'blla.u i3~,8 (D) 1.Lvl~.L6.
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rprucks aY'a "Grc\ilers LFA,~" beliarkec on the sides of the street
on I\Iontere~~ Street at any lioint more than fifteen feet ITorth of the
northerly line of T~ird street or at a.ny point nlOre than fif.~eeJ:1
feet South of the Southerly line of Seventh Street for a period not
1M
to exceed e.e. hour Cl providing such parking do es not int erfere
with the dri v!lway or entrance to any private I?,rOl)ert;y.
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Section 39. CAreful Driving Required. The driver of any
vehicle in or upon any street shall drive such vehicle in a
careful manner and 7li th due reBard for the safe-1;;y and convenience
of pedest'rians and other vehicles U90n such street,. BIM. !iii:: Sl
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Section 40.
Driver's License Required. No person who has not
a driver's license issued by competent authority shall be allowed
to drive an automobile on any street in the City of Gilroy.
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~laeco of business in 8ilr~.
Section 4t. Parking of leaking Oil Vehicles Prohibited. No
vehicle used for the transportation of crude oil or any of its
products in te.nks shall be allowed to :park in or upon any paved
street of the City of Gilroy unless such vehicle is provided with
drip pans or other device to prevent leakage of the contents of
the tanks upon the s'Creet.
Section 4~ Vehicles Causing Injury to Pavements Prohibited.
No vehicle used for the purpose of carrying sand, gravel, earth,
rock or other loose or liquid substance liable to sift or spill
out, shall be all~ved on any paved street of the City of Gilroy,
unless the same is made tiGht and so constructed as to prevent the
sifting or spilling of any of its contents upon the street over
which it passes.
DO traction engine or other vehicle having upon
its wheels any black, stud, cleat, ridge, head or other protuberance
of metal which projects more ~han one-quarter of an inch be~ond
the tread or tract ion surface of the tire, or on -the track upon
which it runs, or which shall make a mark or cut one-quarter of
an inch deep in any pavement, shall be permitted on any ~aved
street of the City of Gilroy.
Section~. Effect of Ordinance.
If any section, sub-
section, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not effect
the validity of the remaining portions of this ordinance. The
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Comraon Council hereby declares that it would have passed this
ordinance and each section, sub-section, sentence, clause and
phrase thereof, irrespective of the fac~ any one or more
sections, sub-sections, sentences, clauses or phrases be declared
unconstitutional.
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Section if. Repeal. Ordinance No. 343" of this City is herebi
repealed, and all ordinances or parts of ordinances in conflict
with or inconsistent with the provisions of this ordinance are here-
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by repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or committed
in violation of any ordinance hereby repealed prior to the taking
effect of this ordinance.
Section ~ Penalty. Any person violating any of the provis-
ions of this Ordinance shall be deemed guilty of a misdemeanor,
and, upon co~viction thereof, shall be punished by a fine not
exceeding One Hundred (::~IOO.OO) Dollars, or by imprisonment in
the City Prison not exceeding thirty (30) days, or by both such
fine and imprisomnent.
Section 4'. In Effect. This Ordinance shall take effect and
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be in force after ' days after its passage and approval.
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Passed and adopted his rth day of :November, 1928, by the
f
following vote:
Ayes--Councilmen Hr~ fj:JJ
J/U~~ ,9
121~J
Absent-- Councilmen 91 {)U.Q.
Mayor
A.ttest: ]:V (/ ~;f
(y, (7 ~,
Oity Olerk
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