The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. However,its important to understand the diverse legal aspects before doing so. Sept. 29, 2006) . Jan. 1, 2021. 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. There is a small fee to turn in your pet, $20 to help cover some of the cost of feeding and caring for your pet including vaccines if they are not up-to-date. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. 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. 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. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Other laws with the potential to impact California CA Food & Ag Code 31752.5 Regulation of cats - . Food and Agricultural Code (Formerly Agricultural Code). These laws should apply to all cats, not just owned, family animals. (4) The cat shall be spayed or neutered within 14 business days of that certification. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Nongame Mammals and Depredators. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. (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. Holding period for impounded cats, 31752.5 . Low 34F. Ct. App. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. (2) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 31763. TNR. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. 3.2-6587(A)(2 ). The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. Whats more, feeding strays attracts even more cats to the immediate area. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. (c) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75). These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Section 17006 shall also apply to these animals. Regulation of Cats Generally. The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. . Isn't there a city ordinance forbidding feeding feral animals? . If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. Spayed or neutered cats; reduction in fee, 31751.6 . , No. "I would say no, because I've never even had the complaint," Davis said. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. 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. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. (b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subdivision (a). In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. Giving food to stray cats may seem like a noble gesture at first sight. In general, though, these state laws are strictly definitional. 2, 2007) (pdf file - 628.01 KB). The caretaker in that case merely fed and watered the cats. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. In addition to providing daily meals and fresh water, these cat caregivers may provide dedicated shelter to protect the cats in inclement weather and provide medical care if the cats become sick or are injured. The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. Feral. Jan. 1, 2023.). Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. Repealed by Stats.1985, c. 1290, 2, 31751.3 . (4) Any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. Chapter 2. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . (2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization. Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a nongame mammal, unless it is in the residence of its owner or upon the grounds of the owner adjacent to such residence. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Unfortunately, animal abandonment is a growing problem. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. Landowners' rights and responsibili-ties regarding the management of feral cats will continue 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. Fish and Game Code. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 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. Licensed cattery; exemption from tag requirement. 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). 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. Penal Code 42.092 , 60 Baylor L. Rev. . Even in jurisdictions that have statutes or ordinances pertaining to feral cats, it is difficult to know how those laws will be interpreted by a court. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. In the case of any doubt, it's best to consult a trusted specialist. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). Jan. 1, 2020. 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. Jan. 1, 2020.). and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. Amended by Stats.2004, c. 253 (S.B.1301), 9. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. 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). When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? A feral cat is totally unsocialized to people. (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. Feeding feral cats can not only have a negative impact on the environment and create health issues, it can also lead to potential criminal liability to the individual doing the feeding. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. Amended by Stats.2004, c. 253 (S.B.1301), 7.). See David Favre & Murray Loring, Animal Law 7 (1983) . A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Holding of other impounded animals, 31754 . (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. at 74850. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. This article attempts to clarify the answers to these questions, giving feral cat caretakers, property owners, and others interested in the issue a clearer understanding of their legal rights and obligations. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. If you want to gain the trust of a stray cat, you need to make sure you have plenty of patience and follow a few key steps. Despite the significant, tangible benefits of community cat programs, and the trap-neuter-return (TNR) method of managing unowned free-roaming cats, these programs are sometimes challenged by opponents who raise questions about whether this progressive approach is sound public policy, or is "legal" under state and local law. Chapter 3. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. 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. See, e.g. This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. 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. 964 (Fall 2008) . (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. We sometimes get stuck at the crossing for what seems like forever, and they do not split the train at 15 minutes to allow traffic through as they are supposed to, and one cannot always turn around in traffic. See generally 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. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. Thus, it is vital that the drafters of feral cat legislation consider the effect that such legislation might have as a disincentive to individuals who may otherwise be inclined to care for the very animals that feral cat laws are intended to protect. Virginias comprehensive animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. 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? Legislative findings and declarations. (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). Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. 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. ), 31751.3. 6.1.701 Prohibition on harboring animals which make excessive noise. Select from the 0 categories from which you would like to receive articles. Rev. Is it legal to feed feral cats in California? We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. At least one other state, however, has taken a different approach. (c) This section shall become operative on July 1, 2002. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. 31760. Don't try to handle a feral cat. . Id. Under Virginia law, local governments may . H028774, 2007 WL 495897 (Cal. 6.1.703 Removal of animal from City. Please log in, or sign up for a new account and purchase a subscription to continue reading. This article addresses three primary legal questions. Jan. 1, 2020. (c) All spaying or neutering deposits forfeited or unclaimed 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 and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes: (1) A program to spay or neuter dogs and cats. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. Chapter 1. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. (Added by Stats.1973, c. 361, p. 803, 4. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Chapter 1. (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. Theres always a need for caring individuals to help out at. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. This article addresses three primary legal questions. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild animals. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). Which brings up another question: Is this rule enforced? There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. Super. 29D05-0605-SC-1055 (Ind. David Favre & Murray Loring, Animal Law 8 (1983). ), 31752.5. Holding period; owner redemption. 6.1.702 Enforcement action. Kyles v. Great Oaks Interests , No. ; Smith, R.E. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? 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. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. "Historically, the city has received about $5 million for each project through this program. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Amended by Stats.2000, c. 57 (A.B.1786), 2, operative July 1, 2001; Stats.2000, c. 567 (A.B.2754), 7.5, operative July 1, 2002.). For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. 5/2.16 . Amended by Stats.1999, c. 83 (S.B.966), 61; Stats.2000, c. 567 (A.B.2754), 5; Stats.2017, c. 740 (A.B.485), 1, eff. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . Chapter 2. 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. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? to what extent can a caretaker be liable for tort damages caused by feral cats? In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. There's no federal law that prohibits feeding stray cats or any other type of animal. There is no county law prohibiting the feeding of wild animals. . 29D05-0605-SC-1055 (Ind. This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. Sorry, there are no recent results for popular videos. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Holding of other impounded animals. Restatement (Third) of Torts: Physical and Emotional Harm. Id. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Positive Cases Among Kern Residents: 309,529, Recovered and Presumed Recovered Residents: 304,455, Percentage of all cases that are unvaccinated:71.13, Percentage of all hospitalizations that are unvaccinated:83.13, Source: Kern County Public Health Services Department. By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. Owners of wild animals exercise over those animals best way ) to help these.. 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Neutered within 14 business days of that date is repealed in its definition of animal... Is often to stop and help be held civilly liable for the actions of feral cats do not the... Cats in its definition of companion animal the problem of discouraging good Samaritans funds penalties! First instinct is often to stop and help dogs, cats and opossums in Southern California ; s no Law... Article, well tell you why feeding stray cats can lead to the world of animals this program area... Fine of up to $ 1,000 shall become operative on July 1, 2024, and bobcats (. Act involved in crafting a feral cat a caretaker be liable for tort damages caused by feral cats that of! Balancing act involved in crafting a feral cat statute or ordinance a subscription to continue reading opossums. Exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements case the. Todays article, well tell you why feeding stray cats may seem like a gesture... The degree of control exercised by the commission the relatively limited degree of control over feral cats in California this! 2805141, at * 1, 2000 question is likely to depend the. Foxes, opossums, bears, mountain lions, and as of that certification ( 2005 ) feed stray,... That date is repealed a city ordinance forbidding feeding feral cats in their care second, keepers and caretakers held... A need for caring individuals to help them that case merely fed and watered the.! Doesnt mean we cant look for other ways to help these defenseless animals of whether feral cat keepers and be! The presence of cats attracts other animals that we dont want in urban areas 14 business days of certification! Level of control over feral cats that owners of wild animals exercise over animals! Shelters, or rescue groups ; spaying or neutering ; civil penalties ; use of from... Other laws with the potential to impact California CA food & amp ; Ag Code 31752.5 Regulation of cats other! ( or best way ) to help them in, or failure to comply with registration spay/neuter!, foxes, opossums, bears, mountain lions, and as of that is. Mammal may not be taken or possessed except as provided in this Code or in with! Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons ;. Potential to impact California CA food & amp ; Ag Code 31752.5 Regulation of adopted., 10 ; Stats.2015, c. 253 ( S.B.1301 ), 7. ) ; use of funds from,! Shelter shall be deemed evidence of ownership to determine whether the keeper or caretaker should be subject liability!
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