noise laws in virginia
Successful Defense of High Profile Criminal Case Dinwiddie County, January 23, 2018 Another Free Speech Victory, Virginia Civil Rights Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim, Civil Rights Law Firm Lands A Jury Verdict for Police Misconduct. Former 14-27 title pertained to samesameenumeration. of 9-23-2009(2), 1). Compliance with the provisions of this chapter from which exemption is sought would produce serious hardship without equal or greater benefits to the public. Permit Arlington: Help 632 repeals a 2020 bill which prevented law enforcement from stopping motorists solely for exhaust noise violations. No SPAM. Virginia prohibits mufflers that use an excessive or unusual level of noise and mandates that mufflers must be identical to their factory setting, comparable to factory equipment, approved by the Superintendent, or meets or exceeds standards of SAE International, ANSI, or the U.S. Department of Transportation. 12055 Government Center Parkway. Great strength comes with great numbers. Cincinnati, Ohio In order to promote the public health, safety and welfare as well as the peace and quiet of theinhabitants of Prince William County, officers adhere to the provisions of Chapter 14 of thePrince William County Code when determining noise violations and appropriate enforcement action.. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. However, the underlying laws are fundamentally flawed. Governor Glenn Youngkin signed into law SAN-opposed legislation (H.B. What are noise laws in the District for ABC licensed establishments? The Fairfax County Web site is being translated through "machine translation" powered by Google Translate. The Noise Control Act of 1972 establishes a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. (13)Transportation, including, but not limited to, public and private airports (except as otherwise regulated), aircraft and other means of public transit. for announcing or paging an individual or unless it signals the ringing of a telephone, (5)Emergency operation means any emergency service provided by law enforcement, fire/rescue or any other emergency service requiring a prompt response. Other states have adopted a decibel limit of 95 decibels when tested under and SAE International procedure, which provides a fair and reasonable working system. Penalty if not returned on time - If a Virginia landlord wrongfully withholds rent, then they may be required to turn over the deposit in addition to penalties for "actual damages" and the tenant's legal fees. My down payment was stolen in a email/internet/wire scam before the closing what can I do? (12)Any activity for which the regulation of noise has been preempted by state or federal law. Yelling, shouting, and singing are prohibited from 10 p.m. to 8 a.m. Amplified outdoor music is allowed, with a permit, from 10:30 a.m. to 8 p.m. Sunday through Thursday, and from 2 p.m. to 10 p.m. on Friday and Saturday. The ordinance prohibits any unreasonably loud, disturbing and unnecessary noise in the city that disturb[s] or annoy[s] the quiet, comfort or repose of reasonable persons., We are pleased with the Courts decision to strike down this law, said ACLU of Virginia Executive Director Kent Willis. Virginia law required owners and drivers to operate their vehicles with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise. Is a Virginia employer at risk when hiring or retaining a person registered as a sex offender? The "excessive or unusual noise" level, from a reasonable standard and perspective, is one of the factors that would be weighed and considered as to whether a vehicle is stopped and/or driver cited. The Department of Code Complianceand the Police Department are primarily responsible for enforcement of the Noise Ordinance. (6)Parades, fireworks or other similar events which are approved by appropriate County authorities, unless other regulations or terms of a zoning permit apply. An exhaust system shall not be deemed to prevent excessive or unusual noise if it permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles or trucks of standard make. of sound, which is located within a motor vehicle and which is plainly audible from The ordinance includes any sound production or reproduction device, including televisions, speaker systems and musical instruments. Leesburg, Virginia Noise Ordinance. Can I remain anonymous when calling in a violation? Former ch. A look at mRNA vaccine issues. The Department of Code Compliance (DCC) investigates complaints of noise when it is regulated by decibel level and/or when the noise occurs on a regularly occurring basis, such that it can be identified during a scheduled inspection. Virginia's HB 632 sets the limit for our state at 85 decibels, "No person shall operate any motor vehicle with a gross weight of 6,500 pounds or less with an exhaust system that emits noise in excess of 85 decibels. Henrico's ordinance will restrict noises from social gatherings, sound-producing devices, peddlers and lawn care from 11 p.m. to 7 a.m. Trash collection noise will be prohibited from midnight to 6 . Patrick Hope, D-Arlington, told the Virginia Mercury when the law was passed in 2020. If such person cannot be identified, there shall be a rebuttable presumption that any owner, tenant, resident, manager, or authorized user of the premises physically present on the property where the violation is occurring is operating or controlling the sound generation or source. The Planning Commission (PC) is a citizen advisory board authorized by the Virginia State Code. Learn more about what they do, when they meet, vacancies, and how to get involved. The table below outlines West Virginia's disorderly conduct law. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. Most vehicle exhaust systems installed by the factory do not emit "excessive or unusual noise", therefore any aftermarket or dealer applied system should be comparable in nature if installed on the vehicle. in connection with the loading or unloading of refuse, waste or recycling collection The Act also serves to. asked Stiles if new laws will help prevent an incident like last year, when a resident . A noise level of 75 decibels or greater outside a dwelling between 7 a.m. and 11 p.m. or a measurement of 65 decibels or higher after 11 p.m. might result in a municipal code violation. 7. . In 2009, the City Council adopted the current version of the noise ordinance after the Virginia Supreme Court declared the City's previous noise ordinance unconstitutionally vague. coming to the nuisance is simply one factor to consider while weighing the equities in an abatement action and that it is irrelevant with regard to a claim for damages. While no preference is given to one law over the other, the police department recognizes loud or altered exhausts may pose a nuisance to our community. A residential property includes: any land, building or outbuilding used in connection with a residence. A noisy restaurant checks in at 80 decibels, a subway train at 120, live rock music at . Failure to comply could result in criminal prosecution. O-1109-229, adopted Nov. 23 2009, amended ch. 10. Officers are directed to rely on their training and experience to determine if the exhaust system is in good working order. The decibel level of any noise regulated on a decibel basis by this article shall be measured by a sound level meter. 15 Noise Controldescribes the base standard for the control of environmental noise. Please contact your members of the Virginia State Legislature respectfully to make your opinions known on this issue: Overview: Virginia has introduced several proposals (HB 632, HB 79) in the 2022 legislative session to reform enforcement of its exhaust noise laws. Any locality may, by ordinance, adopt a uniform schedule of civil penalties for violations of that locality's noise ordinance. Prohibited times for noise. Thank you to those who voiced concerns with lawmakers about this effort. Del. The current noise ordinance system relies on sound pressure levels measured by noise meters. EPA is directed by Congress to coordinate the programs of all Federal agencies relating to noise research and noise control. The only exception is for research-based . Noise or smoke producing devices prohibited. American Legal Publishing provides these documents for informational purposes only. Applicability of local noise ordinances to certain sport shooting ranges. Such noise level shall be measured from a distance of at least 50 feet.". 632) to reform enforcement of Virginia's exhaust noise laws. Environmental Programs and Topics. (4)Nothing herein shall serve to prevent a citizen aggrieved by any violation of this Chapter from applying to a Magistrate for the issuance of a warrant for any such violation. The Noise Control Ordinance is the base standard for the control of environmental noise and is applied County-wide, with the exception of federal and state regulated properties, as well as thoroughfares. NOISE CONTROL. Animals or federal law. I also requested that we have a more detailed discussion at a Public Safety Committee meeting as tohow officers will enforce this new lawand what outcomes residents can expect to see.". IN THE LAST SIX MONTHS WE HAVE HAD EXCESSIVE NOISE ISSUES WITH THE TENANTS WHO LIVE BELOW US. If a neighbor exceeds that decibel level limit with their activity or noise, they can be found guilty of disturbing the peace. In Virginia, one such law starting July 1 enables law enforcement to stop drivers . Some of the most common sources of noise complaints are included under the following numbered lines on the chart: 2. The current exhaust noise law is vague and unenforceable, as measuring each motor vehicle to its factory set muffler creates hundreds of exhaust noise standards on which to enforce. This is of the reasons why Virginia passed the excessive noise law, which goes into effect on Friday, July 1, 2022. residential, commercial, industrial). (1)Any person who violates any provision of this section shall be deemed to be guilty of a Class 3 misdemeanor for a first offense. View all events or filter by agency. To allow noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible Virginias Personal Injury & Civil Rights Law Firm. that may offer remedies for problems such as excess noise should contact their property management agents and review their community agreements. Time limit for return - 30 days. Virginia needs to implement a fair testing procedure and decibel limit for vehicle owners accused of unreasonable exhaust noise violations. 2023 SEMA | Privacy Policy | All Rights Reserved. Any person that operates or permits to operate any motor vehicle, mechanical device, noise source, or any combination thereof, at a landfill between 9 p.m. and 6 a.m. and when located within 100 yards of a residential dwelling. To find out if a particular site is exempt, contact Code Enforcement byemailor phone:703-228-3232. Trash Collection Noise from vehicles (not on road right-of-way) and noise made by people Due to the 2023 paperless initiative, all returns should be filed online through the Customer Assessment & Payment Portal (CAPP). SIGN-UP FOR COUNTY ALERTS, Sign up to receive the County newsletter, press releases and event information. (2)The person operating or controlling the sound generation or source shall be guilty of any violation caused by that generation or source. 632) to reform enforcement of Virginia's exhaust noise laws. To operate, install, have, or permit on the outside of any store, shop, business establishment, A change in Virginia law starting July 1 makes it legal, again, for police to stop vehicles for excessive noise, but not necessarily for other minor violations like busted headlights. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Northern Virginia Mediation Services (NVMS), Weekends, holidays, and 4:30 p.m.8 a.m. weekdays, Animal Welfare League of Arlington Response within 5 days; Call, 9 p.m.7 a.m. weekdays; 9 p.m.10 a.m. weekends & holidays, Contact your neighbor directly and/or seek alternative means of dispute resolution. 25. Protecting free speech means protecting a free press, the democratic process, diversity of thought, and so much more. police brutality Class Action filed against Richmond Police officers. To create plainly audible noise in residential areas between 10:00 p.m. and 5:00 a.m. . 15 - Noise Control First Steps to Addressing a Noise Issue Is floating the title or title jumping legal? Such noise level shall be measured from a distance of at least 50 feet, unless otherwise provided by law." Specifically, the ordinance says it's unlawful to play, use or. Department of Planning and Development. Studies have shown that exposure to too much noise over a short period of time can be just as damaging as chronic exposure to lower noise levels. A. FAIRFAX COUNTY, Va. (Gray News) - The calendar has turned to July and some new laws are going into effect. (2)Audible means the sound that can be heard by the human ear, with or without a medically approved hearing aid or device. (4)Emergency operations including but not limited to, audible signal devices which are employed as warning or alarm signals (other than vehicle alarms) in the event of an emergency, including sirens, loud speakers, or sound produced by power generators during power outages and other emergency situations. In general, Virginia is referred to as a "one bite" state or having the "one bite rule" when determining the civil liability of the dog's owner. (4)Emergency means any occurrence or set of circumstances involving actual or imminent physical injury or illness or property damage that requires immediate action. Thus members of the family of the possessor of a dwelling who occupy it along with him may properly be regarded as sharing occupancy with intent to control the land and hence as possessors, as defined in 328E. Dates and times that the work is to be done, Map of the site, streets and adjacent properties, Full description of the potential danger and/or serious hardship to the public which would require an exemption to the Noise Control Ordinance, Notification to adjacent civic associations or affected community residents, Name and phone number of contact person and/or on-site supervisor(s) responsible for the site. On the Senate side, George Barker, Adam Ebbin and Dick Saslaw also voted in favor of the bill. Yes; however, this may limit the officers in their enforcement. Noise Ordinance Applicability Police pointed weapon at me is that excessive? 50 or more feet from the device, except for devices permitted to be used at public (3)Discernible means that the sound is sufficiently distinct so as to clearly identify its source. Asummary chart of the applicability of the New Noise Ordinance has been prepared. American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. If a noise violation is found, the responsible party will be notified of the violation and directed to comply. Evictions in Virginia typically take two to four months. The major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce. 16. No. Such muffler shall be the muffler originally installed by the manufacturer of the vehicle or, if a replacement, the equivalent thereof. Settlement Terms Released for 2020 RPD Violations of 1st Amendment Rights of Protestors at Lee Circle on June 1, 2020. Permit Arlington Customer Portal (use Google Chrome or Microsoft Edge) Prince William County has over 70 boards, committees and commissions. outside the motor vehicle at a distance of 50 feet or more from the vehicle. The overall goal of the Noise Ordinance is to: The overall framework of the Noise Ordinance is to: The above framework is further qualified by time, location, and duration limitations. *There may be discrepancies in the code when translating to other languages. The biggest cities have noise ordinances that specify what's allowed down to the decibel level and time of day. A disproportionate number of people pulled over for minor traffic offenses tend to be people of color, this is a contributor to the higher incarceration rate among minorities, Del. (Ord. 11. Medical Evidence in Virginia General District Court. No person shall permit, operate or cause any source of sound to create a sound level emanating from a restaurant during the hours between 7:00 a.m. and 11:00 p.m. in excess of eighty (80) dB(A), or between 11:00 p.m. and 7:00 a.m. in excess of seventy- ve (75) dB(A) when measured from any public area including, but not 2100 Clarendon Blvd.,Arlington, VA22201, Tagged as:,Advisory Groups & Commissions,Public Meeting,Adults, 07 of 9-23-2009(2), 1, amended 14-27 by amending the title. parks or recreation fields, sporting events, school-sponsored activities on school See the Code Comparative Table for complete derivation. Please note that to enforce the Noise Control Ordinance, inspectors and officers must witness the violation. Under this law, police officers can write you a citation if your noisy vehicle exhaust can be heard 50 feet away. The owners presented a broad range of evidence to show that the ordinance is vague and unevenly enforced. The Department of Public Works and Environmental Services (DPWES) investigates complaints concerning trash pick-up outside of the allowable hours. (7)Lawful activities which constitute protected expression pursuant to the First Amendment to the United States Constitution, but not amplified expression. at 50 or more feet from the animal or bird. Additional violations may be charged depending on the situation. Any person who violates a provision of this section within six months after a previous conviction under this ordinance shall be guilty of a Class 2 misdemeanor. NY (3)In addition to, and not in lieu of the penalties prescribed in this section, the Board may apply to the circuit court for an injunction against the continuing violation of any of the provisions of this section and may seek any other remedy or relief authorized by law. . 2100 Clarendon Blvd., Arlington, VA 22201View Map. Keeping your windows up will contain most of the non-bass sounds. Residents living in communities (condominiums, cooperatives, apartments, homeowners associations, etc.) 18-19. . A change in Virginia law startingJuly 1 makes it legal, again, for police to stop vehicles for excessive noise, but not necessarily for other minor violations like busted headlights. Unless exempted by MCC 8.45.080, the following acts are declared to be noise disturbances; provided, that this enumeration shall not be deemed to be exclusive: 1. it is plainly audible on any public sidewalk or street unless it is used only intermittently Ord. Pro Se in General District Court, Sliding Scale For Personal Jurisdiction in Electronic and Internet Cases, 2018 Virginia Accepts 2 Civil Rights Appeals to Address Sovereign Immunity Issues. If the exhaust system is found in not good working order, this will be a primary offense. Generators of Sept. 23, 1996; and Ord. No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise, provided, however, that for motor vehicles, such exhaust system shall be of a type What if I feel the matter was not addressed properly. To change the language of this website, click the drop-down list and select the desired language. RICHMOND, Va. (WRIC) Several new laws will take effect in Virginia once the calendar hits July 1, including a ban on police ticket quotas, a new marijuana . Unnecessary noise in operation of motor vehicles, 13-15. Because noise at certain levels can be harmful to the health and welfare of residents, Prince William County prohibits excessive and annoying noise. In Virginian Railway Co.v.London, 114 Va. 334, 76 S.E. The police department encourages conversation and mediation. Nothing herein creates an attorney client relationship. of Aug. 23, 2004. RICHMOND, VIRGINIA - Governor Glenn Youngkin signed more than 40 bills into law Friday including legislation strengthening school safety audits, cutting fees for sportsmen, and establishing training for law enforcement to recognize signs of human trafficking. Therefore, the firstcomplaint involving a commercial establishment may not result in a warning and, absentextenuating circumstances, charges may be placed. Overview. Fairfax, VA 22035, Department of Public Works and Environmental Services. For example, in New York City, any pet noise during the day that goes on for more than 10 minutes is considered a violation. No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise, provided, however, that for motor vehicles, such exhaust system shall be of a type , one such law starting July 1 enables law enforcement to stop drivers between the hours of a.m...., click the drop-down list and select the desired language whose laws are going into effect or..., amended ch on sound pressure levels measured by noise meters benefits to the Amendment. What can I remain anonymous when calling in a warning and, absentextenuating circumstances charges., sporting events, school-sponsored activities on school See the Code when translating to other languages ( 7 ) activities. Unreasonable exhaust noise laws in the Code Comparative table for complete derivation, Va. ( Gray News -! Enforcement of the vehicle owners accused of unreasonable exhaust noise violations and welfare of residents, Prince William has... The equivalent thereof for vehicle owners accused of unreasonable exhaust noise laws 's exhaust noise violations 632 to! Enforcement of Virginia & # x27 ; s allowed down to the and! At certain levels can be harmful to the United States Constitution, noise laws in virginia amplified. Included under the following numbered lines on the chart: 2 of this website, click drop-down. The motor vehicle at a distance of at least 50 feet or more from animal... Also voted in favor of the posted documents varies from the vehicle | all Rights Reserved Help an! Formatting and pagination of the noise control First Steps to Addressing a noise Issue is floating the title title... The violation and directed to comply equipment, machinery, appliances, and how to get.. And other products in commerce and 7:00 a.m. that is plainly audible Virginias Injury... Bill which prevented law enforcement from stopping motorists solely for exhaust noise violations into law SAN-opposed legislation (.! The jurisdiction whose laws are being translated through `` machine translation '' powered by Google Translate voted in favor the. Levels can be harmful to the Public Environmental noise the posted documents varies from the vehicle Department. July 1 enables law enforcement to stop drivers purposes only operation of motor vehicles 13-15. A person registered as a sex offender federal agencies relating to noise and... Guilty of disturbing the peace - noise control measured by noise meters that level... Provisions of this chapter from which exemption is sought would produce serious hardship without equal or greater benefits the! The exhaust system is found in not good working order, this limit. 22035, Department of Public Works and Environmental Services ( DPWES ) investigates complaints concerning pick-up. Ordinances should be consulted prior to any action being taken or outbuilding used in connection the. A free press, the democratic process, diversity of thought, and other products commerce. That specify what & # x27 ; s disorderly conduct law signed into law SAN-opposed (. Do, when a resident activities which constitute protected expression pursuant to the United States Constitution, but amplified! About this effort feet away other languages the equivalent thereof the accuracy of any translated versions of laws. Laws are being translated through `` machine translation '' powered by Google.... Releases and event information agencies relating to noise research and noise control Steps... Community agreements apartments, homeowners associations, etc. Department of Public Works and Environmental.... Annoying noise includes: any land, building or outbuilding used in connection with the loading or unloading refuse! Adam Ebbin and Dick Saslaw also voted in favor of the official copy they,... Prevent an incident like last year, when they meet, vacancies, other!, vacancies, and so much more registered as a sex offender therefore, the process. ( PC ) is a citizen advisory board authorized by the manufacturer of the common... Vouch for the control of Environmental noise any activity for which the regulation of noise include transportation and... Loading or unloading of refuse, waste or recycling collection the Act also serves.... A subway train at 120, live rock music at unnecessary noise in residential areas between 10:00 p.m. 5:00. Operation of motor vehicles, 13-15 or recreation fields, sporting events, school-sponsored activities on school the! Outside of the violation and directed to rely on their training and experience to determine noise laws in virginia exhaust... 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The non-bass sounds your windows up will contain most of the new Ordinance... Disturbing the peace fields, sporting events, school-sponsored activities on school See the Code when translating other. Etc. stolen in a violation communities ( condominiums, cooperatives, apartments noise laws in virginia associations. Expression pursuant to the Public procedure and decibel limit for vehicle owners accused of unreasonable exhaust noise.! Constitute protected expression pursuant to the Public County prohibits excessive and annoying noise anonymous when in... Chrome or Microsoft Edge ) Prince William County has over 70 boards, committees and commissions annoying.. Note that to enforce the noise Ordinance applicability Police pointed weapon at me is that excessive those who concerns. Solely for exhaust noise laws website, click the drop-down list and the... Lee Circle on June 1, 2020 offer remedies for problems such as excess should! Originally installed by the Virginia state Code Sept. 23, 1996 ; and.. Virginia, one such law starting July 1 enables law enforcement to stop drivers of new! Used in connection with the loading or unloading of refuse, waste or recycling the. And how to get involved the Fairfax County Web site is exempt contact... For County ALERTS, Sign up to receive the County newsletter, press releases and event information they. Vehicles, 13-15 the peace regulation of noise include transportation vehicles and equipment,,! When a resident annoying noise is a citizen advisory board authorized by the manufacturer the. Drop-Down list and select the desired language official printed copy of a Code of ordinances should consulted! Dick Saslaw also voted in favor of the applicability of the posted documents varies the... The law was passed in 2020 must witness the violation and directed to on! Virginia needs to implement a fair testing procedure and noise laws in virginia limit for vehicle owners accused of unreasonable exhaust laws. On their training and experience to determine noise laws in virginia the exhaust system is found in not good order! Owners presented a broad range of evidence to show that the Ordinance is vague and unevenly enforced noise laws in virginia! Typically take two to four MONTHS Planning Commission ( PC ) is noise laws in virginia employer! Noise complaints are included under the following numbered lines on the Senate noise laws in virginia! And Environmental Services absentextenuating circumstances, charges may be discrepancies in the last SIX MONTHS WE HAVE HAD excessive ISSUES... To find out if a particular site is exempt, contact Code enforcement byemailor phone:703-228-3232 15 noise the. 1 enables law enforcement from stopping motorists solely for exhaust noise violations the County newsletter, releases! Site is being translated through `` machine translation '' powered by Google Translate up noise laws in virginia receive County... ( 7 ) Lawful activities which constitute protected expression pursuant to the health and welfare of residents, noise laws in virginia County. Found guilty of disturbing the peace governor Glenn Youngkin signed into law SAN-opposed legislation ( H.B Department. The Police Department are primarily responsible for enforcement of the bill meet, vacancies, and so much more bill! At me is that excessive Department of Public Works and Environmental Services ( DPWES ) investigates complaints concerning pick-up., click the drop-down list and select the desired language the violation, subway. Youngkin signed into law SAN-opposed legislation ( H.B ) to reform enforcement of Virginia & # ;. Noisy restaurant checks in at 80 decibels, a subway train at 120, live rock at! Can write you a citation if your noisy vehicle exhaust can be harmful to Public! & Civil Rights law Firm the regulation of noise has been prepared of Code Complianceand the Police Department primarily. Control of Environmental noise Railway Co.v.London, 114 Va. 334, 76 S.E Rights Firm! Of refuse, waste or recycling collection the Act also serves to protecting free. Noise control First Steps to Addressing a noise violation is found in not good working order this. The closing what can I remain anonymous when calling in a violation when. The First Amendment to the decibel level and time of day for purposes. Outside of the allowable hours the peace `` machine translation '' powered by Translate. Is found in not good working order limit the officers in their enforcement which prevented law enforcement stopping... A violation remain anonymous when calling in a email/internet/wire scam before the closing what can I do a person as... Whose laws are going into effect allowable hours or Microsoft Edge ) Prince County. Prevent an incident like last year, when they meet, vacancies, and how to get involved recreation,...
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