HomeMy WebLinkAboutOrdinance 11-024-CCBOARD OF COUNTY COMMISSIONERS
County of Grant, State of Washington
ORDINANCE NO. 11- d�`� -CC
RESOLUTION NO. 11- 0�� -CC
AN ORDINANCE REGULATING THE USE OF GOLF CARTS (OR
SIMILAR VEHICLES) ON PUBLIC PROPERTY WITHIN GRANT COUNTY
WHEREAS, pursuant to RCW 46,08, et seq,, the Board of County Commissioners may by
.ordinance or resolution create golf cart zones, subject to conditions and restrictions, for the
purpose of permitting the incidental operation of golf carts, upon public streets and/or roads
�,.
f- '` located within the county; and '
WHEREAS, it is the desire of the Board of County Commissioners to promote, improve and
enhance the health, welfare and sanitation of the eounty; and
WHEI2EAS, the Board of County Commissioners finds th�t providing minimum use and
operational requirements for golf carts as set forth hexein will lilcely protect persons and property
from injury and annoyance, and promote the safe use of such vehicles and property.
1VOW, THEREFORE, BE IT ORDAINED:
A new chapter is added to Chapter 11 of the Grant County Code to be lcnown and referred to and
cited as the "Operation of Golf Carts."
SECTIONS
11.34.010 Short Title.
11.34.020 Definitions.
11.34,030 Golf Cart Approval.
11.34.040 Golf Cart Registration.
11.34.050 Requirements and Restrictions.
11.34.060 Penalty for Noncompliance.
11.34.070 Golf Cart Zone — Design�tion.
11.34,080 Sever�bility.
11.34.010 Short title,
This chapter shall be lcnown and may be commonly referred to and cited as the "Operation of Golf
Carts."
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11,34.020 Definitions.
The following deF'initions shall be used in this Chapter, Where a word or term is undefined
reference shall be to RCW Title 46.
"Golf Cart" is defined as a gas-powered or electric-powered four-wheeled vehicle that is not
designed to be operated at a speed of more than twenty five miles per hour (25 m.p.h.), whose
purpose can include, but is not limited to, the playing of golf and as a means of ordinary
transportation, and is generally designed to carry two (2) persons including the driver.
"Operator" means any person who has received approval from Grant County Superior Court or
other court of competent jurisdiction to operate a golf cart upoli those public streets or roads
located within a golf cart zone as a result of a physical impairment; or a person at least sixteen
years of age and who has completed a driver education course or has had previous experience
driving as a licensed driver. PROVIDED; A person who has a revoked license under RCW
46.20,285 may not operata a golf cart as authorized herein. FURTHER, PROVIDED; Upon
receipt of an order from a court of competent jurisdiction, any person desiring to utilize a golf
eart upon those public streets or roads located within a golf cart zone shall send a copy of the
order via U,S. Mail or provide the same by hand delivery, to the Grant County Sheriff's Office
and/or their designee. FURTHER, PROVIDED: "Operator" does not include county personnel
or those persons authorized by the Grant County Sheriff's Office to operate golf carts on public
streets or roads.
"Street" or "Road" means the entire right of way width excluding the sidewalk and between the
curb boundary lines and shoulder or swale of public property when any part thereof is open to
the use of the public for purposes of pedestrian, bicycle or vehicular travel including parlcing.
"Sidewalk" and/or "Pedestrian Path" shall be that area paved with concrete, asphalt or other
similar material located within the right of way adjacent to a street or road intendad for the
public purpose of pedestrian or bicycle travel.
11.34.030 Golf Cart Approval,
An Operator shall request an inspection by the Grant County Sheriff's Office to establish that the
golf cart is in compliance with provisions set forth in this chapter. If the golf cart is in
compliance with this chapter, the Grant County Sheriff's Office shall issue written approval
authorizing the Operator to operate the golf cart on public streets and roads located within a golf
cart zone. No cart shall be operated on public streets or roads located within a golf cart zone
without approval of the Grant County Sheriff's Office, or their designee.
All persons requesting golf cart approval are required to submit their golf cart for annual
inspection to the Grant County Sheriff's Office and pay an annual inspection fee of $15.00 at the
time of making application far approval to the Grant County Sheriff's Office, PROVIDED:
Those persons receiving an order froin a court of competent jurisdiction authorizing the use of a
golf cart upon those public streets or roads located within a golf cart zone as a result of physical
impairment are exempt from the annual inspection fee and annual license fee.
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11.34.040 Golf Cart Registration.
Any person operating a golf cart upon public streets and roads located within a golf cart zone
shall register such golf cart with the Grant County Sheriff"s Office prior to operation witllin a
designated golf cart zone. The sole purpose of the registration is to identify the owners of the
golf cart or golf carts being operated as provided herein. Registration of a golf cart is not
intended to and shall not operate to warrant or guarantee that the golf cart meets any particular
standard or condition or that it may be safely operated. Registration shall be made in the manner
set forth as follows:
(a) Application for a golf cart registration shall be made upon a form provided by and to the
Grant County Sheriff's Office or their designee. An annual license fee as prescribed by the Grant
County Sherifi"s Office shall be paid before each registration or renewal thereof is granted.
(b) Upon receiving proper application, the Grant County Sheriff's Office is authorized to issue a
golf cart registration number, which shall be effective for one calendar year.
(c) The Grant County Sheriff's Office shall not issue a golF cart registration number for any golf
cart if there are reasonable grounds to believe that the applicant is not the owner of, or entitled to
the possession of such golf cart.
(d) The Grant County Sheriff's Office shall keep a record of the number of each registration, the
date issued, the name and address of the person to whom issued, and a record of all registration
or license fees collected.
(e) The Grant County Sheriff's Office, upon issuing a registration number, shall also issue a
decal bearing the registration number assigned to the golf cart.
(� Such decal shall be firmly attached to the rear of the golf cart for which issued in such
position as to be plainly visible from the rear,
(g) No person shall remove a license plat or decal from a golf cart during the pariod for which
issued except upon a transfer of ownership or in the event the golf cart is dismantled and no
longer operated upon any public street or road within the jurisdiction of Grant County.
(h) Upon the expiration of any golf cart registration, the same may be renewed upon application
and payment of the same fee as upon an original application,
11.34.050 Requirements and Restrictions.
Any person operating a golf cart upon streets and roads located within a golf cart zone situated in
Grant County shall comply with the following:
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(a) Speed Limit Restriction. The use of golf carts shall be prohibited on any public street or
road with a posted speed limit in excess of twenty five miles per hour.
(b) Operation Upon Public Sidewallcs Prohibited. No person may operate a golf cart upon a
public sidewallc or pedestrian path except when crossing a sidewalk or pedestrian path at or upon
a driveway, intersection or alley.
(c) Restricted Highways. Except as provided herein, no person may operate a golf cart at any
time upon any public street or road, except when crossing at an intersection,
(d) Rules of the Road — Obedience. Operators of golf carts shall adhere to all rules of the road
applicable to motorized vehicles as set forth ii� RCW 46.61, et seq, and WAC 308-330,
(e) Minimum Age Requirement — Operation. Every person operating a golf cart as authorized
herein must be at least sixteen years of age and must have completed a driver education course or
have previous experience driving as a licensed driver, PROVIDED. A person who has a revoked
license under RCW 46.20.285 may not operate a golf cart as authorized herein.
(� Restriction — Negligent Manner Operation. Golf carts shall not be operated on any public
street or road in a negligent manner. For the purpose of this subsection, "to operate in a negligent
manner" is defined as the operation of a golf cart in such a manner as to endanger any person or
property, or to obstruct, hinder, or impede the lawful course of travel of any motor vehicle or the
lawful use by any pedestrian of public streets, sidewallcs, paths, trails, wallcways, or parks.
11.34.060 Penalty for Noncompliance.
No person may operate a golf cart on public streets or roads located outside those areas
dasignated as golf cart zones. Upon a determination that a violation of this chapter has occurred,
law enforcement officers may, pursuant to RCW 7.80, et seq,, issue a Class I civil infraction with
a f"ine not to exceed $250.00 to any included person, including parent or guardian found in
violation of the provisions of this ordinance. PROVIDED; Golf cart operato�s shall also be
subject to all duties, infractions and penalties as set forth in RCW 46.61, et seq,
11.34.070 Golf Cart Zone — Designation.
The following described public streets or roads shall be designated as a golf cai-t zone for the
purposes of permitting the incidental operation of golf carts as set forth in this chapter;
Public streets and roads situated within the census-designated place cominonly known as "Desert
Aire", to wit:
A tract of land located in Sections: 15, 22, 23, 26, 27, T 14 N, R 23 EWM
Grant Co. Washington, more particularly described as follows;
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Beginning at the SE corner of the SW one quarter of said Section 23; thence, S 27�01'
49" E— A distance of 182.96 feet; thence S 62°58' 11" W— A distance of 50.00 feet to the
westerly right-of-way line of State Highway No, 243, being the TRUE POINT OF
BEGINNING,
Thence, continuing S 62°58' 11" W— A distance of 468,83 feet; thence N 27°O1'49" W, a
distance of 173.88 feet; thence S 66°04' 19" W, a distance of 200 feet to the easterly right-
of-way line of Thunderbird Way, as depicted in Desert Aire No. 1 Plat and 1"ield for
record in Grant County, WA; thence southeasterly along said easterly right-of-way line of
Thunderbird Way. A distance of 200 feet along a curve to the left haviizg a radius of
1,040 feet and central angle of 11 °Ol'06", and whose chord bears S 29° 16' 14" E, A
distanca of 99.69 feet to the northwest corner of Lot No. 1 of Desert Aire No. 1, a
subdivision filed for record in Boolc 9, at Page 38, Grant County, Washington; thence N
55°03' 13" E— A distance of 017.51 feet; thence S 39°08'00" �, a distance o� 698.08 feet
to the SE corner of Lot No. 10 of said Desert Aire No, 1 plat; thence S 50°52'00" W, a
distance of 110.00 feet to the easterly right-of-way line of said Thunderbird Way; and the
SW corner of said Lot 10; thence S 39°08'00" E, along said easterly right-of-way line of
said Thunderbird Way, a distance of 100.00 feet; thence continuing along southerly and
easterly right-of-way line of said Thunderbird Way, 1,092.91 feet along an arc of a curve
to the right having central angel of 124°00'00" and radius of 505 feet; thence continuing
al�ng said southerly right-of-way line, S 8�4°52'00" W— A distance of 100.00 feet; thence
continuing along said southerly right-of-way line of Thunderbird Way, 604.41 feet along
the arc oi a curve to the right, having radius of 2,343.34 feet and central angle of
14°46'41 "; thence continuing along said southerly right-of-way line of Thunderbird Way,
593.52 feet, along an arc of a curve to the left, having a radius of 3,525.97 feet and
central angle of 9°00'00" W— A distance of 153,76 feet; thence continuing along said
southerly right-of-way line of Thunderbird Way, 583,29 feet along an arc of a curve to
the left, having radius of 898,70 feet and central angle of 39°50'S3"; thence continuing
along said southerly right-of-way line, of Thltnderbird Way, 49.35 feet along an arc of a
curve to the left having radius of 30.00 feet and central angle of 94° 15' 17" to a point on
the northeasterly right-of-way line of Orchard Drive, a street platted as part of Desert
Aire No. 3 and filed in Boolc 9 of plats at Page No. 71, Grant County, Washington;
thence continuing along said northeasterly right-of-way line of Orchard Drive S
44°06' 10" E, a distance of 299.77 feet; thence continuing along said northeasterly right-
of-way line of Orchard Drive 289.18 feet along an arc of a curve to the right having
radius of 380.00 feet and central angle of 43°36'10"; thence continuing along said
northeasterly righti-of-way line of Orchard Drive S 00°30'00" E, a distance of 101.70
feet; thence continuing along said northeasterly right-of-way line of Orchard Drive 96,64
feet along the arc of a curve to the left having radius of 1,540 feet and cantral angle of
43°36'10"; thence, continuing along said northeasterly right-of-way line of Orchard
Drive S 44°06' 10" E, a distance of 150,41 feet; thence continuing along said
northeasterly right-of-way line of Orchard Drive 301.68 feet along the arc of a curve to
the right, having radius of 5,130,73 feet and central angle of 3°22'08".
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Thence continuing along said northeasterly right-of-way line of Orchard Drive 298,15
feet along the arc of a curve to the left having radius of 5,070.73 feet and central angle of
3°22'08". Thence continuing along said northeasterly right-of-way line o� Orchard Drive
S 44°06' 10" E, a distance of 2,648.16 feet; thence continuing along said northeasterly
right-of-w�y line of Orchard Drive 40.36 feet along an arc of a curve to the left having
radius of 50,00 feet and central angle of 46° 15'04"; thence, S 00°21' 13" E, a distance o�
30:00 feet to a point on the south line of said Section 26; thence S 89°38'47" W, along
said south line oF Section 26, a distance of 355.84 feet to the S 1/a corner of said Section
26; thence N 44°06' 10: W, along the southwesterly line of Desei-t Aire No. 6 as platted
and filed for record in Grailt County, Washington, a distance of 3,397,16 feet, to the
southwesterly corner of Desert Aire No, 4, as platted and filed for record in Grant
County, Washington; thence continuing N 44°06' 10" W along southwesterly line of said
Desert Aire No. 4, a distance of 264.72 feet to a point from whence the west one quarter
corner of said Section 26 bears S 89°41'15" W, 118.40 feet distant; thence continuing N
44°06' 10" W, along said southwesterly line of Desert Aire No. 4, a distance of 488.48
feet; thence N 40°58'00" W, along said southwesterly line of Desert Aire No, 4, a
distance of 335.37 feet to the southwest corner of Desert Aire No. 2, as platted and filed
for record in Grant County, Washington; thence continuing N 40°58'00" W, along the
southwesterly line of said Desert Aire No, 2, a distance of 1,445,00 feet, to the
southwesterly corner of Desert Aire No. 1, as platted and filed for record in Grant
County, Washington; thence continuing N 40°58'00" W, along the southwesterly line of
said Desert Aire No. 1, a distance of 1,225,62 feet to a point froin whence the one quarter
corner common to Sections 22 and 27 bears S 89°21'S6" W, 446.48 feet distant; thence N
40°57'02" W along said southwesterly line of Desert Aire No. 1, a distance of 693,36
feet; thence N 40°57'30" W along said southwesterly line of Desert Aire No. 1, a distance
of 539.38 feet to the SW corner of Desert Aire No. 5 as riled for record in Grant County,
Washington; thence contiinuing N 40°57'30" W along the southwesterly line of said
Desert Aire No. S, a distance of 6734.22 feet; thence N 26°37'47" W, along said
southwesterly line of Desert Aire No. 5, a distance of 231.35 feet to the southwest corner
of "Replat of Desert Aire Condominiums" as filed for record in Grant County,
Washington; thence N 26°37'47" W along the westerly line of said replat of Desert Aire
Condominiums, a distance of 850,00 feet to the SW corner of "Desert Aire No. 8" a s
filed for record in Grant Co,, Washington; thence N 26°37'47" W, along the westerly line
of said Desert Aire No. 8, a distance of 1,614,79 to the NW corner of Lot 136 of said
Desert Aire No, 8; thence continuing N 26°37'47" W, along said westerly line of Desert
Aire No, 8, a distance of 1,500.00 feet to the northwest corner of said Section 22; thence
N 00°31' 11" W, along said westerly line of Desert Aire No. 8, a distance of 1,456.15 feet
to the northwest corner of said Desert Aire No, 8; thence n 88°39' 15" E, along the
northerly line of said Desert Aire N. 8, a distance of 2,020.00 feet to the NE corner of
said Desert Aire No, 8, also being the NW corner of Desert Aire No, 9; thence N
89°OS' 12" E, along northerly line of said Desert Aire No. 9, a distance of 2,376,04 feet to
the northe�st corner of said Desert Aire No, 9; thence 103.18 feet along an arc of a cuive
to the left, having radius of 3,459,02 feet and central angle of 1°42'32" and whose chord
bears S 00°51' 16" W 103.16 feet distant; thence S 00°26'24" W, a distance of 87.60 feet,
along the easterly line of said Desert Aire Na. 9 to a point on the westerly line of Desert
Aire Division "C" as recorded in Grant County; thence along said westerly line of Desert
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Aire Division "C", 603.12 feet along an arc of a curve to the left having radius of 4,320
feet and central angle, of 8°00'00"; thence along said westerly line of Desert Aire
Division "C" 591.52 feet along the arc of a curve to the right having radius of 2,824,31
feet and central angle of 12°00'00 thence along said westerly line of Desert Aire Division
"C" 782,00 feet along the arc of a curve to the left having radius of 995.68 feet and
central angle of 45°00'00 thence along said westerly line of Desert Aire Division "C",
772.61 feet along the arc of a curve to the right having radius oF 1,702.59 feet and central
angle of 26°00'00"; thence along said westerly line of Desert Aire Division "C" S
15°00'00" E, a distance of 260.00 feet; thence continuing along said westerly line of
Desert Aire Division "C", 782.00 feet along the arc of a circle to the left having radius of
995.68 feet and central angle of 45°00'00"; thence continuing along said westerly line of
Desert Aire Division "C", S 60°00'00;" E, a distance of 600.00 feet; thence continuing
along said westerly line of Desert Aire Division "C", 734.88 feet along an arc of a cui•ve
to the right, having radius of 935.68 feet and central angle of 45°00'00"; thence
continuing along said westerly line of Desert Aire Division "C" S 15°00'00" �, a distance
of 235.00 feet; thence continuing along said westerly line of Desert Aire Division "C"
625,35 feet along the arc of a curve to the right having a radius of 529.64 feet and central
angle of 67°39'00"; thence continuing along said westerly line of Desert Aire Division
"C" S 52°39'00" W, a distance of 216.08 feet; thence continuing along said westerly line
of Desert Aire Division "C" 46.05 along an arc of a curve to t11e right having radius of
30.00 feet and central angle of 87°56'28" to a point on the northeasterly right-of-way line
of Desert Aire Drive as racorded on Desert Air No. 1 Plat filed in Grant County,
Washington; thence 58.93 feet along the arc of a curve to the right, and along said
northeasterly right-of-way line of Desert Aire Drive, having radius of 1,640.00 feet and
central angle of 2°03'32" and whose chord bears S 38°22'46" E, 58,92 feet distant;
thence continuing along said northeasterly right-of-way line of Desert Aire Drive S
37°21'00" E, a distance of 775.00 feet; thence continuing along said northeasterly right-
of-way line of Desert Aire Drive 989.60 feet along the arc of a curve to the left having
radius of 710 feet and central angle of 79°51'34"; thence continuing along said
northeasterly right-of-way line of Desert Aire Drive N 62°47'26" E, a distance of 66.33
feet; thence continuing along said northeasterly right-of way line of Desert Aire 47,12
feet along an arc of a curve to the left having a radius of 30,00 feet central angle of 90° to
the westerly right-of-way line of State Highway No, 243; thence continuing along said
westerly right-of-way line oi State Highway No. 243; S 27°12'34" E, a distance of
672,94 feet; thence continuing along said westerly right-of-way line of State Highway
No. 243 S 27°O1'49" E, a distiance of 182,88 feet to the TRUE POINT OF BEGINNING,
The following parcel of land is not included in the water service boundary:
EXCEPT a tract of land located in the REPLAT PART OF DESERT AIRE NO, 1; and
also part of DESERT AIRE AIlZPORT PARCEL, located in Section 22 and 25,
Township 14 North, Range 23 EWM and filed for record in Grant County, Washington
and inore particularly described as follows:
Commencing at the most westerly corner of Lot 403, REPLAT PART OF DESERT
AIRE NO. 1, thence North 25°21'00" East a distance of 140.00 feet along the westerly
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line of said Lot 403 to the TRUE POINT OF BEGINNING; thence continuing North
25°21'00" East a distance of 135.00 feet to the north corner of parcels of land conveyed
to G, Bruce Eskildsen, recorded under Auditor's File Numbers 748444 and 775722,
records of Grant County, Washington; thence South 64°39'00" East a distance of 150.00
feet to the westerly line of said REPLAT PART OF DESERT AIRE NO. l; thence South
64°39'00" East a distance or 30 feet to the most northerly corner of Lot 405, REPLAT
P`hRT OF DESERT AIRE NO. 1; thence South 25°21'00" West a distance of 30.00 feet
to the easterly corner of Lot 404, REPLAT PART OF DESERT AIRE NO. 1; thence
North 64°39'00" West a distance of 180.00 feet along the northerly line of said Lot 404
and said Lot 403, REPLAT PART OF DESERT AIRE NO. 1 to the TRUE POINT OF
BEGINNING,
The following parcel of land known as the Rodeo Grounds is also to be included in the
water service boundary and is entitled to a maximum of two (2) residential service
connections:
That portion of the southeast quarter of Section 23, Township 14 North, Range 23
E.W.M,, Grant County, Washington described as follows:
Commencing at the intersection of the centerline of Desert Aire Drive with tha south line
of said Section 23, 12 shown on the plat of Desert Aire Division "A", recorded in
Volume 9 of Plats, Page 49 and 50, records of Grant County, Washington; thence north
36°35'00" west along said road center line a distance of 10.47 feet; thence north
53°25'00" E, a distance of 40.00 feet to the easterly right-of-way margin of said Desert
Aire Drive; thence north 36°35'00" west along said right-of-way margin for a distance of
560.00 feet to the TRUE POINT OF BEGINNING; thence continue on said right-of-way
margin on a curve to the left having a radius of 747.17 feet and consuming an angle of
33°04'S6" for 431.41 feet to a point hereinafter re%rred to as Point "A", thance continue
on said right-of-way inargin on said curve to the left having a radius of 747,17 feet and
consuming an angle of 00°45'21" for 9.86 feet; thence north 53°25'00" E, a distance of
501.56 feet; thence south 46°35'00" east, a distance of 250.62 feet to a point hereafter
referred to as Point "B"; thence continue south 36°35'00" E, a distance of 165.44 feet;
thence South 53°25' W, a distance of 375.00 feet to the TRUE POINT OF BEGINNING,
Public streets and roads situated within the development commonly known as "Sunland Estates",
to wit:
That portion of Section 2, Township 18, Range 22 East, W.M., Grant County, lying
easterly of Wanapum Reservior Project Boundary Line and that portion of Section 11,
Township 18, Range 22 East, W.M., Grant County, Washington, lying easterly and
northerly of said boundary line and that portion of Section 12, Township 18, Range 22
East, W.M, lying easterly of Wanapum Reservoir Project Boundary Line, and northerly
and westerly of Sunland Road S.W., Section Place S. and Y,5 Road S.W.
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Public streets and roads situated within the development coirunonly known as "Sunserra at
Crescent Bar", to witi:
That portion of Crescent Bar Road commencing at the East end of Bridge #301 after
Milepost 1.76 and proceeding southwesterly to Milepost 2,72, thence continuing 90
degrees west to the point of Wanapum Ferry Landing.
11.34.080 Sever�bility.
If any section, subsection, sentence, clause, phrase, words, word of this chapter is for any reason
found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not
affect the constitutionality or validity of the remainiilg portions of this chapter, it being expressly
declared that each section, subsection, sentenca, clause, phrase, words or word would have been
prepared, proposed, adopted, approved and ratified inespective of the fact that any one or more
section, subsection, sentence, clause, phrase, words, or word be declared or otherwise found
unconstitutional or invalid for any reason.
A PUBLIC HEARTNG WAS HELD ON THE ABOVE ORDINANCE/RESOLUTION
AT 3:00 O'CLOCK P.M., ON THE 4TH DAY OF APRIL, 2011.
Enacted this 4th day of April, 2011.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
,
Carolann Swartz, Chair �
r�, n .
:
Cindy C'��-ter, Member
st:
Ba ara J. Vasque�/,�'Cle�1��f ti�` oard
� �
ublished:
3/14/2011; 3/21/2011
Approved as form:
By �--
D. Angus Lee
Prosecuting Attorn
Date: April 4, 2011
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