Article 6. Prohibitions and Enforcement

Article 6. Prohibitions and Enforcement

§5-601   PASSING; INTERSECTIONS.  The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction, while traversing a street intersection, if such passing requires such overtaking vehicle to drive to the left of the center of the street.  (Ref.  39-625 RS Neb.) 

§5-602   PASSING; HINDRANCE.  The driver of a vehicle about to be overtaken and passed by another vehicle shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.  (Ref.  39-622 RS Neb.)   

§5-603    FOLLOWING; DISTANCE.  The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicle, and traffic and the condition of the street.  (Ref.  39-629 RS Neb.)  

§5-604    FOLLOWING; FIRE APPARATUS.  The driver of any vehicle shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500'), or drive into, or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.  (Ref.  39-681 RS Neb.)   

§5-605    SIGNS; DEFACING OR INTERFERING WITH.  It shall be unlawful for any person to willfully deface, injure, remove, obstruct or interfere with any official traffic sign or signal.  (Ref.  39-714.04 RS Neb.)    

§5-606    SIGNS; UNAUTHORIZED DISPLAY.  It shall be unlawful for any person to maintain or display upon, or in view of any street, any unofficial sign, signal or device which purports to be, is an imitation of, or resembles an official traffic sign or signal which attempts to direct the movement of traffic, or which hides from view, or interferes with the effectiveness of any official sign or signal.  Every such prohibited sign, signal, or device is hereby declared to be a public nuisance, and any police officer is hereby empowered to remove the same, or cause it to be removed, without notice.  (Ref.  39-791 RS Neb.)              

§5-607    SPEED LIMITS.  No person shall operate a motor vehicle on any street, or other place within the corporate limits at a rate of speed greater than twenty-five (25) miles per hour or on any alley at a rate of speed greater than fifteen (15) miles per hour unless otherwise set by ordinance or resolution and posted as provided by law. 

The following streets shall have the speed limit set as hereinafter provided:

1. Harlan Street: No person shall drive a motor vehicle on Harlan Street at a rate of speed in excess of the following:

   a. Forty (40) miles per hour from the south corporate limits north to 8th Street;

   b. Thirty-five (35) miles per hour from 8th Street north to 14th Street;

   c. Thirty (30) miles per hour from 14th Street north to 21st Street;

   d. Thirty-five (35) miles per hour from 21st Street north to a point 200 feet north of 26th Street;

   e. Forty-five (45) miles per hour from a point 1200 feet north of 26th Street;

   f.  Sixty (60) miles per hour from a point 1200 feet north of 26th Street north to the north corporate limits;

   g. Twenty-five (25) miles per hour between 24th Street and 26th Street at any time when the school crossing flashing yellow lights have been activated.

2. East 14th Street: No person shall drive a motor vehicle on 14th Street east of Harlan Street at a rate of speed in excess of the following:

   a. Thirty-five (35) miles per hour from Harlan Street east to the east city limits;

   b. Twenty-five (25) miles per hour between Weaver Street and McLean Street at any time when the school crossing flashing yellow lights have been activated;

   c. Twenty-five (25) miles per hour from a point 75 feet east of Lane Street east to a point 300 feet east of Morton Street at any time when the school crossing flashing yellow lights have been activated.   

3. West 21st Street: No person shall drive a motor vehicle on 21st Street west of Harlan Street at a rate of speed in excess of the following:

   a. Twenty-five (25) miles per hour from Harlan Street west to Crook Street;

   b. Thirty-five (35) miles per hour from Crook Street west to the west city limits;

4.  Congested District: No person shall drive a motor vehicle upon the streets within the “congested district” of the Municipality as defined in Section 5-608 at a rate of speed in excess of twenty (20) miles per hour.  (Ord. #95-117; Amended: Ord. #97-103)

§5-608    CONGESTED DISTRICT.  The "congested district" shall consist of that portion of the streets, alleys, and highways in the Municipality bounded on the west by the west line of Chase Street, on the east by the east line of Harlan Street, on the south by the south line of 13th Street, and on the north by the south line of 21st Street.   

§5-609    SPEED, NEAR SCHOOLS.  It shall be unlawful for the driver of any vehicle, when passing premises on which school buildings are located, and which are used for school purposes, during school recess, or while children are going to, or leaving school during the opening or closing hours to drive such vehicle at a rate of speed in excess of twenty (20) miles per hour past such premises, and such driver shall stop at all stop signs located at, or near, such school premises, and it shall be unlawful for such driver to make a U-turn at any intersection where such stop signs are located at, or near, such school premise.  (Ref.  39-663 RS Neb.) 

§5-610    RECKLESS DRIVING.  Any person who drives a motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be deemed to be guilty of reckless driving.  (Ref.  39-669.01, 39-669.02, 39-669.26 RS Neb.)

§5-611    NEGLIGENT DRIVING.  Any person who shall drive, use, operate, park or stop a vehicle in a negligent manner or shall interfere with the moving traffic or use of the streets, shall be deemed guilty of negligent driving.

§5-612    SCREECHING OF TIRES.  The operation of any motor vehicle in such a way as to cause the tires thereof to screech except where the same is necessarily caused in an emergency in an attempt by the operator to avoid an accident or the causing of damage or injury shall be deemed a violation of this Chapter.

§5-613    CARELESS DRIVING.  Any person who drives any motor vehicle in this Municipality carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.  (Ref.  39-669 RS Neb.) 

§5-614   MUNICIPAL PARK.  No person, except an employee of the Municipality when on official business, shall operate a motor vehicle in any Municipal Park of the Municipality of Falls City at any other place than on a regular and well defined roadway provided for the operation of such vehicles. 

§5-615    IMPEDING TRAFFIC.  No motor vehicle shall be unnecessarily driven at such a slow speed as to impede or block the normal and reasonable movement of traffic.   

§5-616    ACCIDENT; DRIVER'S DUTY.  The driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in injury or death to any person shall:   

1.  Immediately stop such vehicle at the scene of the accident.    

2.   Give his name, address, and the registration number of his vehicle, and exhibit his operator's, or chauffeur's license, to the person struck, or the driver, or occupants, of any vehicle collided with.    

3.  Render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary, or is required by the injured person.

The driver of any vehicle involved in an accident, whether upon the public highway, private road, or private drive, resulting in damage to property shall:        

1.   Immediately stop such vehicle at the scene of the accident.    

2.   Give his name, address, and the registration number of his vehicle, and exhibit his operator's, or chauffeur's license to the owner of the property struck, or the driver, or occupants of any other vehicle involved in the collision.(Ref.  39-6,104.01, 39-6,104.02 RS Neb.)

§5-617    RADAR DEVICE; PROHIBITED.  It shall be unlawful for any person to operate or possess any radar transmission device while operating a motor vehicle on any road, street, highway, or interstate highway in this Municipality; except that this section shall not apply to any such device which has been lawfully licensed by the Federal Communications Commission or is being used by law enforcement officials in their official duties.

For purposes of this section unless the context otherwise requires:    

(1)  Radar transmission device shall mean any mechanism designed to interfere with the reception of radio microwaves in the electromagnetic spectrum, which microwaves, commonly referred to as radar, are employed by law enforcement officials to measure the speed of motor vehicles;    

(2) Possession shall mean to have a device defined above in a motor vehicle if such device is not:   

   (a)  Disconnected from all power sources, and  

   (b)  In the rear trunk, which shall include the spare tire compartment, or any other compartment which is not accessible to the driver or any other person in the vehicle while such vehicle is in operation.  If no such compartment exists in a vehicle, then such device must be disconnected from all power sources and be placed in a position not readily accessible to the driver or any other person in the vehicle; and 

(3)  Transceiver shall mean an apparatus contained in a single housing, functioning alternately as a radio transmitter and receiver.  (Ref.  39-6,205 through 39-6,207 RS Neb.) 

§5-618  MOTORCYCLES; HELMET REQUIRED.   A person shall not operate or be a passenger on a motorcycle or moped on any highway unless such person is wearing a protective helmet of the type and design manufactured for use by operators of such vehicles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion.  All such protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the user by remaining on the user's head, deflecting blows, resisting penetration, and spreading the force of impact.  Each such helmet shall consist of lining, padding, and chin strap and shall meet or exceed the standards established in the United States Department of Transportation's Federal Motor Vehicle Safety Standard No.  218, 49 C.F.R.  571.218, for motorcycle helmets.  (Ref.  60-6,278 through 60-6,282 RS Neb.)Amended Ord.  94-113.

§5-619    DRIVING ON SHOULDERS OF HIGHWAY.  No person shall drive on the shoulders of highways, except that (1) vehicles may be driven onto the shoulders of roadways (a) by federal mail carriers while delivering the United States mail or (b) to safely remove a vehicle from traffic lanes and (2) implements of husbandry may be driven onto the shoulders of roadways.  (Ref.  39-631 RS Neb.)

§5-620  CHILD PASSENGER RESTRAINT SYSTEM; USE REQUIRED; EXCEPTIONS

1.   Any person driving any motor vehicle which has or is required to have an occupant protection system, shall ensure that all children under the age of four (4) or weighing less than forty (40) pounds being transported in such vehicle use a child restraint system, of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the Highway Safety Administration as of the effective date of this act and which is correctly installed in such vehicle and all children weighing forty (40) pounds or more or at least four (4) years of age and younger than five (5) years of age being transported in such vehicle use an occupant protection system.  Provided, however, this section does not apply to taxicabs, mopeds, motorcycles, and any other vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with an occupant protection system.

2.   Whenever any physician licensed to practice medicine in Nebraska determines through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child's weight, physical condition or other medical reason, the provisions of subsection 1 of this section shall be waived.  The driver of any vehicle transporting such a child shall carry on his or her person or in the vehicle a signed written statement of the physician identifying the child and stating the grounds for such waiver.    

3.   The drivers of authorized emergency vehicles as defined in section 39-602 RS Neb., shall not be subject to the requirements of subsection 1 of this section when operating such authorized emergency vehicles pursuant to their employment. (Ref.  39-6,103.01 RS Neb.)

§5-621 OCCUPANT PROTECTION SYSTEM; USE REQUIRED; EXCEPTIONS

1.   Except as provided in subsection 2 of this section, no driver shall operate a motor vehicle upon a highway or street unless (a) the driver and each front seat occupant in the vehicle are wearing occupant protection systems, (b) any child passenger required by section 5-620 of this Code and section 39-6,103.01 RS Neb., to be transported in a child passenger restraint system is using such system, and (c) all occupant protection systems and child passenger restraint systems worn or used are properly adjusted and fastened.

2.   The following persons shall not be required to wear an occupant protection system:

  (a)  A person who possesses written verification from a physician that the person is unable to wear an occupant protection system;    

  (b)  A rural letter carrier of the United States Postal Service while performing his or her duties as a rural letter carrier between the first and last delivery points; and

  (c)  A member of an ambulance or rescue service unit while involved in patient care.  

3.   For purposes of this section, motor vehicle shall mean a vehicle required by section 39-6,171 RS Neb., to be equipped with an occupant protection system.

4.   For purposes of section 5-620 and this section, occupant protection system shall mean a system utilizing a lap belt, a shoulder belt, or any combination of belts installed in a motor vehicle which (a) restrains drivers and passengers and (b) conforms to Federal Motor Vehicle Safety Standards, 49 C.F.R.  571.208, 571.209, and 571.210 or to the federal motor vehicle safety standards for passenger restraint systems applicable for the motor vehicle's model year.  (Ref.  39-602(59), 39-6,103.07 RS Neb.) 

§5-622    DISREGARD OF SIGNS OR BARRICADES.  It shall be unlawful for any person to drive any vehicle on any public street, a portion thereof, across or around which portion there is a barrier or sign warning persons not to drive over or across such portion, or a sign stating that the street is closed, these signs, person or barriers being authorized by lawful authority. 

§5-623   SNOWMOBILES; OPERATION ON PUBLIC WAYS.  No person shall operate a snowmobile upon the streets, alleys, public highways or upon public property of the Municipality.  For purposes of this section, snowmobile shall mean a self-propelled motor vehicle designed to travel on snow or ice or natural terrain steered by wheels, skis or runners and propelled by a belt-driven tract with or without steel cleats.  (Ref.  60-2001 RS Neb.)

§5-624  ALL-TERRAIN VEHICLES; OPERATION.  (1) Except as provided in subsections (2) through (4) of this section, an all-terrain vehicle shall not be operated on any street, road, or highway within the Municipality.  The crossing of any controlled-access highway shall not be permitted.

(2) The crossing of a street, road, or highway shall be permitted only if: 

  (a) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street, road, or highway and at a place where no obstruction prevents a quick and safe crossing;

  (b) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the street, road, or highway;

  (c) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;

  (d) In crossing a divided street, road, or highway, the crossing is made only at an intersection of such street, road, or highway with another street, road, or highway; and

  (e) Both the headlight and taillight of the vehicle are on when the crossing is made.

(3) An all-terrain vehicle may be operated on a street, road, or highway when such operation occurs only between the hours of sunrise and sunset and such operation is incidental to the vehicle's use for agricultural purposes.  Any person operating an all-terrain vehicle on a street, road, or highway shall have a valid Class O operator's license or a farm permit as provided in section 60-4,126 RS Neb., and shall not operate such vehicle at a speed in excess of thirty (30) miles per hour.  When operated on a street, road, or highway, the headlight and taillight of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag which extends not less than five feet (5') above the ground attached to the rear of such vehicle.  The bicycle safety flag shall be triangular in shape with an area of not less than thirty (30) square inches and shall be day-glow in color.   (4) All-terrain vehicles may be operated on streets, roads, or highways in parades which have been authorized by the State of Nebraska or the Municipality.  (Ref.  60-6,356 RS Neb.)Added Ord.  94-114.

§5-625 ENGINE BRAKES PROHIBITED.  The use of engine brakes is prohibited within the corporate limits of the City of Falls City. (Added Ord. 2007-117)

§5-626 ATV & UTV; DEFINED AS A MOTOR VEHICLE. Every all-terrain vehicle (ATV) or a utility-type vehicle (UTV) as defined by the statutes of the State of Nebraska or this Code, which are operated within the jurisdiction of the city, are hereby declared to be a motor vehicle and subject to all of the motor vehicle rules of the road and traffic laws.

§5-627 ATV & UTV; OPERATION. An all-terrain vehicle or a utility-type vehicle may be operated on streets and alleys, within the corporate limits of the city only if the operator and the vehicle comply with the provisions of this article.

§5-628 ATV & UTV: OPERATION ON CITY STREETS FOR PLEASURE UNLAWFUL; THREE-WHEELED VEHICLES UNLAWFUL. It is unlawful to operate an all-terrain vehicle or utility-type vehicle on the city streets and alleys for pleasure. It shall be unlawful to ride an all-terrain vehicle on the city streets and alleys between sunset and sunrise for any purpose except for snow removal.  It shall be unlawful to operate a three-wheeled all-terrain vehicle, on the streets and alleys, in the city for any purpose at anytime.

§5-629 ATV & UTV; SPEED.  An all-terrain vehicle or utility-type vehicle shall be subject to the posted speed limits if lower than 30 miles per hour and it shall be unlawful to operate any such vehicle at a speed greater than 30 miles per hour anywhere within the city.

§5-630 ATV & UTV; REQUIREMENTS. When operating an all-terrain vehicle or a utility-type vehicle, the headlight and taillight of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag which extends not less than five feet above ground attached to the rear of the vehicle.  Whenever an all-terrain vehicle or a utility-type vehicle is moving all cargo must be securely attached to the vehicle in such a manner that the cargo will remain secured without any assistance of the operator.  The Operator of any all-terrain vehicle shall wear a protective helmet of the type and design manufactured for use by operators of such vehicles and properly secured by a chin strap.  It shall be unlawful to operate an all-terrain vehicle or a utility-type vehicle, on the streets or alleys of the city in violation of this section.

§5-631 ATV & UTV; PERSONS AUTHORIZED.  Any person operating an all-terrain vehicle or a utility-type vehicle on the streets or alleys of the city shall be 19 years of age and have a valid class o operator’s license as provided in R.R.S. 1943, §60-4, 126 and in a utility-type vehicle shall use a safety restraint belt.  No one shall be permitted to be a passenger on all-terrain vehicle within the city.  Except for the operator no person shall be permitted to be pulled, pushed or propelled by an all-terrain vehicle or any object attached to the all-terrain vehicle or utility-type vehicle.  Passengers are permitted to occupy a passenger seat in a bench or bucket-style utility-type vehicle so long as the operator and passengers are using a safety restraint shoulder lap belt.  No helmet shall be required for the operator or passenger of a utility type vehicle as long as it is equipped with a shoulder and lap belt which is being properly used.  If such a restraint system is not in use then a helmet for both driver and passengers is required.  No operator shall permit another to be a passenger while operating an all-terrain vehicle with saddle-style seating on the streets or alleys of the city.  It shall be unlawful to operate an all-terrain vehicle or a utility-type vehicle, on the streets or alleys of the city in violation of this section.

§5-632 ATV & UTV; INSURANCE AND PERMIT FEE. (a) Any person operating an all-terrain vehicle or a utility-type vehicle shall have liability insurance coverage for the vehicle while operating the vehicle on a street or highway.  The person operating the all-terrain vehicle or a utility-type shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such a request.

     (b) It shall be unlawful for any person to operate any all-terrain vehicle or a utility-vehicle on the city streets or alleys in the city until the owner has demonstrated proof of insurance to the city police department and obtained an insurance decal for the current year.  The city police department will issue a decal for the current year that must be affixed to the all-terrain vehicle or a utility-type vehicle in a conspicuous place where visible from the rear of the vehicle.  The city will charge a fee for the issuance of the permit in the amount of $60.00 dollars.

     (c) The certificate shall be an annual permit from January 1 through December 31 of each year.  The operator shall have until January 31 of the following year to re-new the certificate without being charged with a violation of this section.  During the first year that a certificate is purchased the fee will be prorated from the month that the certificate is obtained through December in the manner established by the city.

     (d) Any permit purchased by a person for the same vehicle in a subsequent year shall not be prorated.

§5-633 ATV & UTV; PARADES. All-terrain vehicles or utility-type vehicle may be operated without complying with sections 5-628, 5-629, 5-631 and 5-632, on streets and highways in parades which have been authorized by the state or any department, board, commission, or political subdivision of the state.

§5-634 ATV & UTV; OPERATION NOT PERMITTED ON CERTAIN STREETS. (a)It shall be unlawful to operate an all-terrain or a utility-type vehicle anywhere on Harlan Street.  The crossing of Harlan Street shall be permitted with crossing movement regulated by traffic signal indication or as set forth in(b).

(b) It shall be unlawful to operate an all-terrain vehicle or a utility-type vehicle on Stone Street between 14th Street and 19th Street.  The crossing of Stone Street and Harlan Street where no stoplight exists shall be permitted by an all-terrain or a utility-type vehicle if:

     (1) The crossing is made at an angle of approximately 90 degrees to the direction of the street or avenue and at a place where no obstruction prevents a quick and safe crossing;

     (2) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the street or avenue;

     (3) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;

     (4) The crossing is made only at an intersection of such street or avenue with another street or avenue; and

     (5) Both the headlight and taillight of the vehicle are on when the crossing is made. (Ordinance #2014-102)(Ordinance #2016-101)

§ 5-635    GOLF CAR VEHICLE; DEFINED AS A MOTOR VEHICLE.

Every golf car vehicle as defined by the statutes of the State of Nebraska or this Code, which are operated within the jurisdiction of the city, are hereby declared to be a motor vehicle and subject to all of the motor vehicle rules of the road and traffic laws. (Ordinance #2016-100)

§ 5-636    GOLF CAR VEHICLE; OPERATION.

A golf car vehicle may be operated on streets and alleys within the corporate limits of the city only if the operator and the vehicle comply with the provisions of this article. (Ordinance #2016-100)

§ 5-637    GOLF CAR VEHICLE; OPERATORS LICENSE REQUIRED.

Any person operating a golf car vehicle on the streets and alleys within the corporate limits of the city shall have a valid Class O operator’s license. (Ordinance #2016-100)

§ 5-638    GOLF CAR VEHICLE; INSURANCE AND PERMIT FEE.

  (a)  The owner of the golf car vehicle shall have liability insurance coverage for the golf car vehicle.  The person operating the golf car vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days after such a request.  The liability insurance coverage shall be subject to limits, exclusive of interest and costs, be at least in the amounts as follows:  Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any on accident.

  (b) It shall be unlawful for any person to operate any golf car vehicle on the city streets or alleys in the city until the owner has demonstrated proof of insurance to the city police department and obtained an insurance decal for the current year.  The city police department will issue a decal for the current year that must be affixed to the golf car vehicle in a conspicuous place where visible from the rear of the vehicle.  The city will charge a fee for the issuance of the permit in the amount of $60.00 dollars.

  (c)    The certificate shall be an annual permit from January 1 through December 31 of each year.  The operator shall have until January 31 of the following year to re-new the certificate without being charged with a violation of this section.  During the first year that a certificate is purchased the fee will be prorated from the month that the certificate is obtained through December in the manner established by the city.

  (d) Any permit purchased by a person for the same vehicle in a subsequent year shall not be prorated.(Ordinance #2016-100)

§ 5-639    GOLF CAR VEHICLE; HOURS OF OPERATION.

A golf car vehicle may only be operated upon the streets and alleys of the city between sunrise and sunset.(Ordinance #2016-100)

§ 5-640    GOLF CAR VEHICLE; STREET POSTED SPEED LIMIT AND SPEED OF VEHILCE.

A golf car vehicle may only be operated upon the streets and alleys of the city on streets with a posted speed limit of thirty-five miles per hour or less.  When operating a golf car vehicle as authorized under this subsection, the operator shall not operate such vehicle at a speed in excess of twenty miles per hour. (Ordinance #2016-100)

§ 5-641    GOLF CAR VEHICLE; USE ON HIGHWAYS AND PORTION OF STONE STREET PROHIBITED.

A golf car vehicle may not be operated upon the streets of the City which are a state or federal highway or on that portion of Stone Street from 14th Street to 19th Street, except to cross the same.  Crossing of a highway or that portion of Stone Street from 14th Street to 19th Street shall be permitted by a golf car vehicle only if:

(a)  The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(b)  The golf car vehicle is brought to a complete stop before crossing the shoulder or roadway of the highway;

(c)  The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and

(d)  In crossing a divided highway, the crossing is made only at an intersection of such highway with a street or road, as applicable. 

For purposes of this section:

(a)  Road means a public way for the purposes of vehicular travel, including the entire area within the right-of-way; and

(b)  Street means a public way for the purposes of vehicular travel in a city or village and includes the entire area within the right-of-way. (Ordinance #2016-100)

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