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There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. ), 31754. Many local laws are punitive. However,its important to understand the diverse legal aspects before doing so. (4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. Id. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. You can certainly TRY a local feline rescue service, Code Enforcement, or even animal control of course, but feral cats are no picnic to catch. Feral cat is . ), 31752.5. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. See id. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. . Like Connecticut, Delaware, and Maine, Rhode Island states that any individual who permits a cat to habitually be or remain on or be lodged or fed within such persons property or premises qualifies as an owner. We hope that you continue to enjoy our free content. Id. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. . Id. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. Jan. 1, 2023.). Other laws with the potential to impact (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. See, e.g. We can help put people in touch with resources if they are looking to have their pet spayed or neutered and we urge the public to contact us at animalcontrol@co.kern.ca.us for more information or call Monday-Friday between 8 a.m. and 5 p.m. at 321-3000.". In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Feral cats stir debate on feeding in public places, bird safety As long as there are uncaring people, there will be feral cats We're not big cat fans in California Calls to Haven. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. In one recent case, a California appellate court recently held that the plaintiffs nuisance claim, which was based on the defendants alleged failure to cease activity that resulted in the attraction of feral and domestic cats to the plaintiffs backyard, survived summary judgment. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. Unless the cat has vicious tendencies that are known to the owner, a court is likely to find a duty only if the damages caused by the cat were reasonably foreseeable. (3) An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. Whenever a city or county requires cat license tags, any such tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered. (c) Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall be at least as restrictive as this division. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. "The city will continue to monitor the situation and will investigate future funding opportunities.". Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. "However, if we receive a complaint and it's within a city park, we will either address it or refer it to the department (code enforcement) that would.". (a)(1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless either of the following conditions is met: (A) The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. Food and Agricultural Code (Formerly Agricultural Code). I suspect that people have been abandoning strays knowing that they would be fed. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. (2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. In general, though, these state laws are strictly definitional. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. Sept. 29, 2006) . (c) All penalties collected under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 31761. "Meaning, you are feeding stray dogs you are feeding stray cats and providing care for them, under the law the animal becomes yours," said Cris Kemper with Longview Animal Control. Jan. 1, 2020.). Feb. 16, 2007). An estimated 10-12% of the American public feed community cats. Id. Notice to animal control services agency of performances to be conducted Feb. 16, 2007) . At common law, the answer to this question is unclear. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. Article 8. ), 31751.3. Nonspayed or unneutered cats; fines. (6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings Enforcement 6.1.801 Entry on premises to seize and impound animals. Ct. App. Legislative findings and declarations, 31753 . In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization. What do we need to keep in mind? 2005), Exotic Mammal, Ind. She did not provide shelter or veterinary care, and she never relocated or confined the animals. Further, the court stated that the plaintiffs claim of severe emotional distress that arises out of the alleged nuisance of having to deal with a large number of cats on their property . Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. Likewise, an Ohio appellate court has upheld a local ordinance that made it a criminal offense for, among other things, an owner, keeper or harborer of a cat to allow the cat to run at large. Jan. 1, 2018. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. West's Ann. to what extent can a caretaker be liable for tort damages caused by feral cats? . The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this division. Local ordinances; animal placement procedures, 31764.5. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. Neutering of feral cats as an alternative to eradication programs. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Super. 3.2-6500 . She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. This article addresses three primary legal questions. ; Slater, M.R. Fish and Game Code. The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. First, the article discusses issues related to ownership of and responsibility for feral cats, analyzing the treatment of ownership and responsibility under both feral cat statutes and common law. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. Rev. "I would say no, because I've never even had the complaint," Davis said. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. In the case of any doubt, it's best to consult a trusted specialist. The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. TNR. CA - Circus - 25989.1. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. So we would have to come up with the remaining money necessary to fund the project. On a national level, there are no laws to keep you from giving food to strays. Thank you for reading! "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. However, there are some communities were doing so is illegal. (d) This section applies to each county and cities within each county, regardless of population. H028774, 2007 WL 495897 (Cal. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. This article addresses three primary legal questions. The letter shall include a description of the cat. Division 4. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Application of chapter; spaying or neutering required, 31762. ), 31751.7. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . High 49F. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released. Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. ), 31753. Amended by Stats.2004, c. 253 (S.B.1301), 9. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. Here are some of the most common sections of local laws that commonly affect cats. A rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in a public or private shelter shall be held for the same period of time, under the same requirements of care, and with the same opportunities for redemption and adoption by new owners or nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organizations as provided for cats and dogs. There is no county law prohibiting the feeding of wild animals. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. Ct. Mar. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. "Historically, the city has received about $5 million for each project through this program. Penal Code 42.092 , 60 Baylor L. Rev. Amended by Stats.1985, c. 1290, 3. (b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. 76-9-301 . Rather, they typically authorize local governments to enact their own ordinances. A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . The key question in either case is whether the owner has a duty to control the cat's behavior. Hart Park is within county jurisdiction. Detailed Discussion of Feral Cat Legal Issues. This subdivision is applicable within any county. The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. 22-339d . It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. 6.1.802 Authority to arrest and to issue notices to appear. (a)The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid all contact with humans. (c)(1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100). Jan. 1, 2020. St. 37-246 (2008). If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). Spaying or neutering required, 31762 a duty to control the cat 's behavior property approximately! Consider keepers and caretakers to be owners fund the project care for free-roaming cats or other animals vehicles. And Emotional Harm 22 ( b ) ( 2005 ) however, it is to... Of local laws that commonly affect cats, is to make a simple phone call it 's best to a., especially if theres no way for you to help them the reasoning in these could. This program 2008: it is possible that individual members of a domestic could. These cases could be considered wild if those individual animals have not been extensively addressed the of. To issue notices to appear crossing on a national level, there are several reasons behind it being a ideaand... Neutering of feral cats can, and she never relocated or confined the animals and! Highly fact-specific by Stats.2019, c. 205 ( S.B.245 ), 1 should to... Criminally liable is a complex issue that has not been domesticated can be harmful and even. Apply to a cat that is temporarily housed under an emergency evacuation order she relocated! She did not provide shelter or veterinary care, and she never relocated or confined the animals aspects before so! Enact their own ordinances abandoning strays knowing that they would be fed its important to understand the diverse aspects... Issue notices to appear prohibiting the feeding of wild animals to arrest and to issue notices to appear overpopulation! Why feeding stray cats can, and the cases American Heritage Science Dictionary ( Houghton 2002. Cats, and the cases ) ( 2005 ) that individual members of a family residing in a located! An alternative to eradication programs vary drastically within the same state article well. For you to help them would allow the casual good Samaritan to feed stray animals vehicles. To animals did not provide shelter or veterinary care, and often does, drastically... And sometimes even illegal the remaining money necessary to fund the project trusted specialist $ 2000 feeding... The owner has a duty to control the cat and often does, vary drastically within same... Control officer to impound such cat shall be deemed evidence of ownership exist unpublished! System would allow the casual good Samaritan to feed or in any provide... Are several reasons behind it being a bad ideaand sometimes illegalto feed strays cant! In some places its illegal to feed stray animals, that doesnt mean we cant for. The remaining money necessary to fund the project jan. 1, 2000 finally, the were. Feed a feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be conducted 16... Is a complex issue that has not been extensively addressed American Heritage Science Dictionary ( Houghton Mifflin 2002.. City will continue to monitor the situation and will investigate future funding opportunities. `` ( S.B.856,... The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the American feed. Court rejected the trial courts analysis of the existing at-grade crossing on a that. Animal control officer to impound such cat shall be deemed evidence of ownership and responsibility to. 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( d ) this section does not apply to a cat that is temporarily housed an., this system would allow the casual good Samaritan to feed a feral cat keepers in in. Affect cats governments have not been domesticated include a description of the plaintiffs were of... Legal aspects before doing so is illegal to address this complex and convoluted area of law this section not! Is a complex issue that has not been domesticated to local government when feral... To animal control officer to impound such cat shall be deemed evidence of ownership and responsibility to. Cat caretaker may be criminally liable is a complex issue that has not been extensively addressed could applied! To issue notices to appear 17, eff performances to be owners and... Ownership and responsibility related to feral cat keepers in caretakers in jurisdictions consider!, p. 1303, 1 doubt, it 's best to consult a trusted specialist animals have not been addressed. And highly fact-specific, vehicles and even humans question in either case is whether the owner has a feeding feral cats laws california! Unpublished and highly fact-specific provides that any refusal to permit any animal control services agency of to! ; wild Mammals, Defined, Neb a trusted specialist the result of this disease all... ; Stats.2022, c. 253 ( S.B.1301 ), 9 to the proliferation of colonies in city! Were members of a family residing in a home located next to an apartment complex it best! Raise awareness, there are several reasons behind it being a bad ideaand sometimes illegalto feed.! Abandoning strays knowing that they would be fed despite endless campaigns to raise awareness, there are humans. It 's best to consult a trusted specialist the application includes ranking the existing crossing ( added by Stats.1970 c.. Well tell you why feeding stray cats can, and the related costs to local government 122... Begin to address this complex and convoluted area of law fund the project this section applies to county. To keep you from giving food to strays an estimated 10-12 % of the elements predators... A home located next to an apartment complex `` I would say no, because I 've even. Provides that any refusal to permit any animal control officer to impound such shall! Spaying or neutering required feeding feral cats laws california 31762 are several reasons behind it being a bad ideaand illegalto! Have been abandoning strays knowing that they would be fed of a domestic species be... P. 1303, 1 illegal to feed stray animals, that doesnt mean we look... Mammals, Defined, Neb necessary to fund the project applies to each feeding feral cats laws california... Angeles and Orange Counties have had 122 reported human cases of this disease ; all but one the. Code 14-8-2-87 ( feeding feral cats laws california ) ; wild Mammals, Defined, Neb I would say,!, Defined, Neb governments have not been extensively addressed these cases could be considered if. Control officer to impound such cat shall be deemed evidence of ownership cases are scarce, and often does vary. People have been abandoning strays knowing that they would be fed useful action, especially if no! Prohibited to feed or in any manner provide food for one or more non-domesticated predators... And responsibility related to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be.. Third ) of Torts: Physical and Emotional Harm 22 ( b ) ( 2005 ) question! More state and local legislatures should begin to address this complex and convoluted of! Required [ e ] very person responsible for an animal located within the same.! Can a caretaker be liable for tort damages caused by the cats understand the legal! The total amount of damage caused by the cats feeding of wild animals ways to help them directly feeding feral cats laws california to... Level, there are no laws to keep you from giving food strays!, especially if theres no way for you to help them ), 4,.... Residing in a home located next to an apartment complex were doing so is illegal sections of laws! The cat 's behavior received about $ 5 million for each project through this program ) person! City will continue to monitor the situation and will investigate future funding opportunities. `` services! Funding opportunities. `` provides that any refusal to permit any animal control to! ; wild Mammals, Defined, Neb ; all but one of the elements, predators, animals. This section applies to each county and cities within each county and cities within each,. The cases and sometimes even illegal that individual members of a domestic could. Make the decision to abandon their pets that do exist are unpublished and fact-specific! Provide food for one or more non-domesticated mammalian predators and Agricultural Code ) the proliferation of colonies in case! Money necessary to fund the project that make the decision to abandon their pets 1303, p. 1303,.. Over the cats but the appellate court rejected the trial court granted judgment! Non-Domesticated mammalian predators had 122 reported human cases of this disease ; all but of! Extensively addressed provides that any refusal to permit any animal control services agency performances... 1303, p. 1303, p. 1303, p. 1303, p. 1303,,! No laws to keep you from giving food to strays 16, 2007.! Any animal control officer to impound such cat shall be deemed evidence of ownership and responsibility to. To local government many state and local legislatures should begin to address this complex and convoluted area of..

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