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2015-3923 Ordinance ORDINANCE NO. 2015-3923 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46- 92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES, AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS" TO AMEND SUBSECTION (A) TO DEFINE THE TERMS "POLYSTYRENE" AND "EXPANDED POLYSTYRENE" AND TO AMEND SUBSECTION (C) TO PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED POLYSTYRENE PRODUCT ONTO ANY CITY MARINA, PIER, DOCK, OR BOAT RAMP; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-7 THEREOF, ENTITLED "PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO AMEND THE DEFINITION OF "CITY CONTRACTOR," DEFINE THE TERM "POLYSTYRENE," AMEND THE DEFINITION OF "CITY FACILITY" TO INCLUDE CITY MARINAS, PIERS, DOCKS, AND BOAT RAMPS, AMEND THE DEFINITIONS OF "CITY FACILITY" AND "CITY PROPERTY" TO INCLUDE PROPERTY LEASED TO THE CITY, AND CLARIFY THE EFFECTIVE DATE OF SECTION 82-7; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF- WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 82-366 THEREOF, ENTITLED "DEFINITIONS," TO DEFINE THE TERMS "POLYSTYRENE," "EXPANDED POLYSTYRENE," AND "EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES"; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the land and in the waters of the City; and WHEREAS, expanded polystyrene, a petroleum by-product commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade in the environment; and WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or killing them; and WHEREAS, due to the physical properties of expanded polystyrene, the EPA states "that such materials can also have serious impacts on human health, wildlife, the aquatic environment and the economy"; and WHEREAS, disposable food service articles constitute a portion of the litter in the City of Miami Beach's streets, parks, public places, and waterways; and WHEREAS, the City's goal is to replace expanded polystyrene food service articles with reusable, recyclable or compostable alternatives; and WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content paper food service articles and other fiber-based food service articles as the most environmentally preferable alternatives when the use of reusable food ware is not feasible; and WHEREAS, as an environmental leader among local governments in the State of Florida, the City of Miami Beach, by virtue of this Ordinance, will strengthen its litter laws by prohibiting any person from carrying expanded polystyrene products onto City marinas, piers, docks, and boat ramps and by prohibiting the use of expanded polystyrene food service articles by City contractors and special event permittees on City marinas, piers, docks, or boat ramps; and WHEREAS, this Ordinance will preserve and enhance the environment of the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 46-92 of Division 1 of Article Ill of Chapter 46 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 46 ENVIRONMENT ARTICLE III. Litter DIVISION 1. Generally * * * Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for lifter and commercial handbill violations; commercial handbill regulations, fines, and rebuttable presumptions; seizure and removal of litter by the city; enforcement; appeals; liens. (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * (5) Litter means any paper, handbill, commercial handbill, garbage, bottle caps, chewing gum, tobacco products, including, but not limited to, used 2 and unused cigarettes, cigars, pipe or chewing tobacco, polystyrene or plastic products, or other waste, including, but not limited to, tree, plant, and grass cuttings, leaves, or other yard maintenance debris, that has been placed or deposited on a public sidewalk, street, road, avenue, beach, swale, median, building, fence, wall, boardwalk, beachwalk, baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other public property, right-of-way or place, or on any object located on public property, or on the kneewall, window ledge or sill of any public or private building, or on a motor vehicle, or on any other type of private real or personal property. Handbills and commercial handbills attached to a trash receptacle, but not within the trash receptacle in the usual manner, shall also be considered litter. 1 Polystyrene means a thermoplastic polymer or copolymer comprised of at least 80 percent styrene or para-methylstyrene by weight. a Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). * * * (c) Prohibitions on beaches, marinas, piers, docks, boat ramps, and in parks. It shall be unlawful for any person to carry onto any beach within the city a glass or metal bottle or other glass or metal container. In addition, it shall be unlawful for any person to carry any expanded polystyrene product onto any beach or into any park within the city, or onto any city marina, pier, dock, or boat ramp, or for any business to provide plastic straws with the service or delivery of any beverage to patrons on the any beach within the city. SECTION 2. That Section 82-7 of Article I of Chapter 82 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * * * ARTICLE I. In General * * * Sec. 82-7 Prohibitions regarding sale or use of expanded polystyrene food service articles by city contractors and special event permittees. (a) Legislative intent. Expanded polystyrene, a petroleum byproduct commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded polystyrene is a common pollutant, which 3 fragments into smaller, non-biodegradable pieces that are harmful to marine life, other wildlife, and the environment. The City's goals are to reduce the use of expanded polystyrene and encourage the use of reusable, recyclable, or compostable alternatives. (b) Definitions. For purposes of this section only, the following definitions shall apply: (1) City contractor means a contractor, vendor, commercial lessee, concessionaire of the City, or operator of a City facility or property. (2) Polystyrene means a thermoplastic polymer or copolymer comprised of at least 80 percent styrene or para-methylstyrene by weight. gl Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). {3)01 Expanded polystyrene food service articles means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene. (4)(5) City facility includes, but is not limited to, any building, structure, park, beach, Of golf course, marina, pier, dock, or boat ramp leased to the City, or owned, operated, leased, or managed by the City. {5)01 City property includes, but is not limited to, any land, water, or air rights leased to the City, or owned, operated, leased, or managed by the City. {6)M Special event permittee means any person or entity issued a special event permit by the City for a special event on City property or in a City facility. (c) City contractors and special event permittees shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles in City facilities or on City property. A violation of this section shall be deemed a default under the terms of the City contract, lease, or concession agreement and is grounds for revocation of a special event permit. This subsection shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by the City contractor or special event permittee. (d) Any City contract, lease, or concession agreement entered into prior to August 2, 2014 the effective date of this section or any special event permit issued prior to August 2, 2014 the effective date of this section shall not be subject to the requirements of this section, unless the City contractor or special event permittee voluntarily agrees thereto. 4 SECTION 3. That Section 82-366 of Subdivision I of Division 5 of Article IV of Chapter 82 of the Code of the City Miami Beach is hereby amended as follows and Section 82-385(p) is provided for reference purposes: CHAPTER 82 PUBLIC PROPERTY ARTICLE IV. Uses in Public Rights-of-Way * * * DIVISION 5. Sidewalk Cafes Subdivision I. Generally Sec. 82-366. Definitions. Code compliance officer means the code compliance officers, fire inspectors, or any other authorized agent or employee of the city whose duty it is to assure code compliance. Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Expanded polystyrene food service articles means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene. * * * Permittee means the recipient of a sidewalk café permit under the terms and provisions of this division. Polystyrene means a thermoplastic polymer or copolymer comprised of at least 80 percent styrene or para-methylstyrene by weight. * * * Subdivision II. Permit * * * Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes. * * * (p) No food preparation, food storage, expanded polystyrene food service articles, refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the right-of-way. In addition, expanded polystyrene food service articles shall not be provided to sidewalk café patrons. 5 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the ?/ day of F-e br uctr y, 2015. PASSED AND ADOPTED this 1/ day of 1'ebrl44 r y , 2015. ATTEST: ,�,..y •• -c � Alel AlII 13 Ir.. ^i . - --~- =Phrj,ip - r ayor :INCORP ORATED: Rafa-� E. Granado, City Clerk � r ,2•• ‘, :&rj - \~574. • ,... ' '' \C) (Sponsored by Commissioner Michae'"-, c, ego, Underline denotes additions Double underline denotes additions after First Reading denotes deletions APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION . sk • (— tC1— 0 City Attorney Dote 0 F:\ATTO\KALN\ORDINANCES\Polystyrene Ordinance Jan 2015 Amendments\Polystyrene Ordinance Jan 2015 Amendments.docx 6 COMMISSION ITEM SUMMARY Condensed Title: Second Reading of an Ordinance Amending Chapter 46-92 of the Code of Miami Beach to extend the existing prohibition of expanded polystyrene products on beaches and in parks within the city to include city marinas, piers, docks, and boat ramps. Key Intended Outcome Supported: Enhance the Environmental Sustainability of the Community. Supporting Data: 2% of residential respondents indicated trash and litter is an area that the City needs to improve. In the 2014 Community Satisfaction Survey, residential respondent and business owner satisfaction with canal/waterway cleanliness dropped 4% and 2%from 2012, respectively. Item Summary/Recommendation: SECOND READING-PUBLIC HEARING Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and waterways. It is especially critical that the City limit pollutants from entering the environment due to its proximity to the City's vast system of interconnected waterways and sensitive marine habitats. One pollutant of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a large portion of the litter in the City's streets, public places, and waterways. Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable and not readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in the environment harming or killing marine life and other wildlife that accidentally ingest it. Waterfront facilities including marinas, piers, docks, and boat ramps provide the public with direct access to Biscayne Bay, the Atlantic Ocean, and the City's waterways. Keeping expanded polystyrene products out of publically owned and leased facilities can help reduce litter nuisance because lightweight articles, such as expanded polystyrene products, are picked up and dispensed by wind and rain. The proposed Ordinance will reduce the presence of this pollutant on the City's waterfronts and waterways and enhance the City's environmental sustainability. On July 23, 2014, the City Commission passed Ordinance No. 2014-3884 expanding the restrictions on the sale a n d use of expanded polystyrene (commonly known as Styrofoam) p roducts, to reduce litter and pollutants in the City's waterways and to enhance the environmental sustainability of the City. Ordinance 2014-3884 prohibits the following: (1) the carrying of expanded polystyrene products into City beaches and parks; (2) the sale or use in public facilities and on public property of expanded polystyrene food service articles by City contractors, vendors, lessees, concessionaires, operators of City facilities and properties, and special event permittees; and (3) the placement of expanded polystyrene food service articles on the right-of-way and the provision by sidewalk café permittees of expanded polystyrene food service articles to sidewalk café patrons. The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to include the definitions of "polystyrene" and of "expanded polystyrene". Additionally, the proposed Ordinance extends the existing prohibition of expanded polystyrene products on beaches and in parks within the city to include city marinas, piers, docks, and boat ramps because these facilities are in close proximity to bodies of water and, therefore, litter at these locations can easily enter the marine environment. The proposed Ordinance also amends Chapter 82 of the City Code by amending Section 82-7 to include the definition of "polystyrene" and to expand the definition of"city facility"to include facilities leased to the City and marinas, piers, docks or boat ramps owned, operated, leased, or managed by the City. In addition, the proposed Ordinance amends section 82-7 to expand the definition of"city property" to include property leased to the City. Moreover, the proposed Ordinance amends Section 82-366 to include the definitions of "expanded polystyrene," "expanded polystyrene food service articles,"and "polystyrene". Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Elizabeth Wheaton x6121 Sign-Offs: D- •artment - tor Assistant City Manager 'ty Manager M I AM I BEACH AG CAA ITEM Iv1S DATE _ a/l/.5- MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member of the City fi ommission FROM: Jimmy L. Morales, City Manager DATE: February 11, 2015 SECO D READING - PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE YOR AND CITY.COMMISSION OF THE CITY OF MIAMI BEACH, FL RIDA,AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIA I BEACH, ENTITLED"ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING DIVISION 1, ENTITLED"GENERALLY," BY AMENDING SECTION 46- 92 THEREOF, ENTITLED"LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES,AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS" TO AMEND SUBSECTION (A)TO DEFINE THE TERMS"POLYSTYRENE" AND "EXPANDED POLYSTYRENE" AND TO AMEND SUBSECTION (C)TO PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED POLYSTYRENE PRODUCT ONTO ANY CITY MARINA, PIER, DOCK, OR BOAT RAMP; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-7 THEREOF, ENTITLED "PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO DEFINE THE TERM "POLYSTYRENE" AND TO AMEND THE DEFINITION OF "CITY FACILITY" TO INCLUDE CITY MARINAS, PIERS, DOCKS,AND BOAT RAMPS AND TO AMEND THE DEFINITIONS OF "CITY FACILITY" AND "CITY PROPERTY" TO INCLUDE PROPERTY LEASED TO THE CITY AND CLARIFYING THE EFFECTIVE DATE OF SECTION 82-7; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 82-366 THEREOF, ENTITLED "DEFINITIONS," TO DEFINE THE TERMS "POLYSTYRENE," "EXPANDED POLYSTYRENE,"AND"EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES";AND PROVIDING FOR Polystyrene Ordinance Memo—Second Reading February 11, 2015 Page 2 of 3 REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance on Second Reading. BACKGROUND Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and waterways, including Indian Creek, Surprise Lake, Lake Pancoast as well as the Atlantic Ocean and the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide variety of flora and fauna, including threatened and endangered species like the West Indian manatee, the American crocodile, Johnson's seagrass, and smalltoothed sawfish. These waters also act as nurseries and habitat for migratory birds, including brown pelicans and ospreys, and for commercially and recreationally important fish, such as snapper, sailfish, and mahi-mahi. Furthermore, the City's beaches support shorebird species, including seagulls and royal terns,and are a designated nesting habitat for the protected Loggerhead, Green,and Leatherback sea turtles. It is especially critical that the City limit pollutants from entering the environment due to its proximity to the City's vast system of interconnected waterways and sensitive marine habitats. One pollutant of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a large portion of the litter in the City's streets, public places, and waterways. The Environmental Protection Agency has determined that floatable debris, like expanded polystyrene, can have "serious impacts on human health,wildlife, the aquatic environment and the economy"(Assessing and Monitoring Floatable Debris, August 2002; EPA-842-B-02-002). Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable and not readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in the environment harming or killing marine life and other wildlife that accidentally ingest it. On July 23, 2014,the City Commission passed Ordinance No.2014-3884 expanding the restrictions on the sale and use of expanded polystyrene(commonly known as Styrofoam)products,to reduce litter and pollutants in the City's waterways and to enhance the environmental sustainability of the City. Ordinance 2014-3884 prohibits the following:(1)the carrying of expanded polystyrene products into City beaches and parks; (2) the sale or use in public facilities and on public property of expanded polystyrene food service articles by City contractors,vendors, lessees, concessionaires, operators of City facilities and properties, and special event permittees; and (3)the placement of expanded polystyrene food service articles on the right-of-way and the provision by sidewalk café permittees of expanded polystyrene food service articles to sidewalk café patrons. The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to include the definitions of"polystyrene" and of"expanded polystyrene". Additionally, the proposed Ordinance extends the existing prohibition of expanded polystyrene products on beaches and in parks within the city to include city marinas, piers, docks, and boat ramps because these facilities are in close proximity to bodies of water and, therefore, litter at these locations can easily enter the marine environment. Polystyrene Ordinance Memo—Second Reading February 11, 2015 Page 3 of 3 The proposed Ordinance also amends Chapter 82 of the City Code by amending Section 82-7 to include the definition of"polystyrene"and to expand the definition of"city facility"to include facilities leased to the City and marinas, piers, docks or boat ramps owned,operated, leased,or managed by the City. In addition, the proposed Ordinance amends section 82-7 to expand the definition of"city property"to include property leased to the City. Moreover,the proposed Ordinance amends Section 82-366 to include the definitions of"expanded polystyrene," "expanded polystyrene food service articles," and "polystyrene". Waterfront facilities including marinas, piers, docks, and boat ramps provide the public with direct access to Biscayne Bay, the Atlantic Ocean, and the City's waterways. Keeping expanded polystyrene products out of publically owned and leased facilities can help reduce litter nuisance because lightweight articles, such as expanded polystyrene products,are picked up and dispensed by wind and rain. The proposed Ordinance will reduce the presence of this pollutant on the City's waterfronts and waterways and enhance the City's environmental sustainability. FIVE YEAR FISCAL IMPACT In accordance with Charter Section 5.02,which requires that the"City of Miami Beach shall consider the long term economic impact(at least 5 years)of proposed legislative actions,"this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. As the Amendment to the Ordinance is only intended to clarify the definition of expanded polystyrene and clarify the locations polystyrene is prohibited, there is no financial impact. CONCLUSION The Administration recommends approving the Ordinance. Attachment: Expanded Polystyrene Ban Ordinance tP,11— ... JMJ/MVF/ESW . . T:\AGENDA\2015\February\Environmental\Polystyrene Ordinance(UPDATED)-MEM Second Reading.doc 1 G ' Q C ' E >,a O � E 3 L c m 0i C O m- m.Q m..0 aQ k C,�N >'-co C C c C L O.0 c N 2 1 F N O t C d >�R - . � y U Z -U N.To � '�U'N p E > m ¢ a. U.O N -0- I-w 43 O Q O H O U-, i i°3 i m 2 ` C a U .W o O . c . . . 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