HomeMy WebLinkAboutOrdinance-1995-0994
INTRODUCED BY COUNCILMEMBER SOLANO
COUNCIL BILL NO. 11
Ordinance No. 994
Series of 1995
TITLE: AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 15,
SECTIONS 15-40 TO 15-48, AND ENACTING ARTICLE III OF CHAPTER 13,
SECTIONS 13-41 TO 13-50, OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE,COLORADO, THEREBY ADDING PROVISIONS CONCERNING THE TOWING
OF ABANDONED AND OTHER VEHICLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Chapter 15 of the Code of Laws of the City of Wheat
Ridge is hereby amended by repealing Article III, Sections 15-40
through 15-48 inclusive.
Section 2. Chapter 13 of the Code of Laws of the City of Wheat
Ridge is hereby amended by adding thereto Article III, Sections 13-
41 through 13-50, inclusive, as follows:
ARTICLE III. ABANDONED VEHICLES AND TOWING
Sec. 13-41. Definitions.
(a) Abandoned motor vehicle shall mean and include:
(1) Any motor vehicle left unattended on private property
for a period of twenty-four (24) hours or longer without the
consent of the owner or lessee of such property or his legally
authorized agent.
(2) Any motor vehicle left unattended on any pUblic
property, including but not limited to any portion of a
highway, street or public right-of-way within the limits of
the City of Wheat Ridge, for a periOd of twenty-four (24)
hours or longer unless the owner or driver thereof has
conspicuously affixed thereto a dated notice indicating his
intention to return or shall have otherwise notified the Wheat
Ridge Police of his intention to remove same within seventy-
two (72) hours of the dated notice or of such other notice to
the Wheat Ridge Police.
(3) Any motor vehicle left unattended on any public property
including but not limited to, a street, highway or other
public right-of-way within the limits of the City of Wheat
Ridge in such a manner or under such conditions as to
interfere with the free movement of vehicular traffic, or as
to interfere with proper street or highway maintenance, or as
to interfere with the construction or maintenance of any
public improvement, or threatens public safety.
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(4) Any motor vehicle stored in a pOlice impound lot at the
request of its owner or the owner's agent, or the Wheat Ridge
Police Department, and not removed from a police impound lot
according to the agreement with the owner or agent or within
seventy-two (72) hours of the time the department notifies the
owner or agent that the vehicle is available for release upon
payment of any applicable charges or fees. If the Department
requested the storage, the provisions governing public tows
under this article apply as of the time of abandonment, and
the department shall be deemed the responsible law enforcement
agency. Otherwise, private tow provisions of any applicable
Wheat Ridge ordinances or state statutes shall apply.
(b) Appraisal means a bona fide estimate of reasonable market
value made by any motor vehicle dealer licensed in this state or by
any employee of the Colorado State Patrol or of the Wheat Ridge
Police Department whose appointment for such purpose has been
reported by the chief of police to the executive director of the
Colorado Department of Revenue.
(c) Chief of police or chief shall mean the chief of the Wheat
Ridge Police Department or his designee.
(d) City means the City of Wheat Ridge, Colorado.
(e) Department means the Wheat Ridge Police Department.
( f) Disabled motor vehicle means any motor vehicle which is
stopped or parked, either attended or unattended, upon a public
right-of-way and which is, due to any mechanical failure or any
inoperability because of a collision, a fire or any other such
damage, temporarily inoperable under its own power.
(g) Motor vehicle means any vehicle classified as a motor vehicle
under the laws of the State of Colorado.
(h) Operator means a person or a firm licensed by the public
utilities commission as a towing carrier.
(i) Police impound lot or impound lot means and includes any
building, enclosure or other parcel of real property designated by
the chief, or by an ordinance or resolution of the city council for
the storage of impounded motor vehicles by the City of Wheat Ridge,
and specifically includes privately owned garages or other
privately owned locations designated as a police impound lot
pursuant to this article, which provide appropriate protection for
impounded motor vehicles.
(j) Private property means any real property which is not public
property.
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(k) priyate tow means any tow of an abandoned motor vehicle not
requested by a law enforcement agency.
(1) Public property means any real property having its title,
ownership, use or possession held by the federal government, this
state or any county, municipality, as defined in Section 31-1-
101(6), Colorado Revised Statutes, or other governmental entity of
this state.
(m) Public tow means any tow of an abandoned motor vehicle
requested by a law enforcement agency.
(n) Purchasinq aqent shall mean the purchasing agent of the City
of Wheat Ridge or his designee.
(0) Responsible law enforcement aqency shall mean:
(1) In the case of a pUblic tow, the law enforcement agency
authorizing the original tow of an abandoned motor vehicle,
whether or not the vehicle is towed to another law enforcement
agency's jurisdiction;
(2) In the case of a private tow, the law enforcement agency
having jurisdiction over the private property where the motor
vehicle becomes abandoned.
Sec. 13-42. Abandonment of motor vehicles.
(a) No person shall abandon any motor vehicle upon public property
or upon private property within the City of Wheat Ridge.
(b) Any motor vehicle left on private property without the private
property owner's consent shall be presumed to be abandoned. In the
event a motor vehicle is abandoned on private property, the owner
or lessee of such property or his legally authorized agent may have
it removed from his property by having it towed and impounded by an
operator chosen and paid by the owner or lessee or a legally
authorized agent.
(c) Any motor vehicle left unattended wi thin any portion of a
highway, street or public right-of-way within the Wheat Ridge city
limits for a period of twenty-four (24) hours shall be presumed
abandoned unless the owner or operator thereof shall have
conspicuously affixed thereto a dated notice indicating his
intention to return or shall have otherwise notified the department
of his intention to move the same within seventy-two (72) hours.
Notwithstanding the foregoing, any such motor vehicle shall
immediately be presumed abandoned if such vehicle is parked in such
a manner or under such conditions as to interfere with the free
movement of vehicular traffic, or as to interfere with proper
street or highway maintenance, or as to interfere with the
construction or maintenance of any pUblic improvement, or threatens
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public safety. Moreover, any such motor vehicle shall immediately
be presumed abandoned if it has been stopped, parked or left
standing upon any public street or highway in a manner as to block
the driveway or other entrance to any property abutting the street
or highway.
(d) Where possible, a pOlice officer of the department shall make
a bona fide effort to contact the owner or operator of a vehicle
before presuming it is abandoned.
Sec. 13-43. Removal and impoundment.
(a) Whenever any police officer of the department finds a motor
vehicle, attended or unattended, standing upon any portion of a
street or highway right-of-way or other public place in such a
manner as to constitute an obstruction to traffic or proper highway
maintenance, or the construction of any public improvement, or
threatens public safety, such officer is authorized to cause the
motor vehicle to be moved forthwith to eliminate any such
obstruction; and neither the officer nor anyone acting under his
direction shall be liable for any damage to such motor vehicle
occasioned by such removal.
(b) Any motor vehicle impounded pursuant to the provisions of
Sections 22-20 and 22-21 of the Model Traffic Code, 1977 edition,
shall be subject to the provisions of Sections 13-42 and 13-43 of
this article, which Sections 13-42 and 13-43 shall take precedence
over and supersede any related or inconsistent provisions of the
Model Traffic Code.
Sec. 13-44. Report of abandoned motor vehicle.
(a) Ascertaininq ownership:
(1) Upon having an abandoned motor vehicle towed, the
department shall ascertain, if possible, whether or not the
motor vehicle has been reported stolen, and if so reported,
the department shall recover and secure the motor vehicle and
notify its rightful owner or the responsible law enforcement
agency which has reported the vehicle as stolen and terminate
the abandonment proceedings under this article. The
department shall have the right to recover from the owner its
reasonable costs to recover and secure the motor vehicle.
(2) As soon as possible, but in no event later than three (3)
working days after having an abandoned motor vehicle towed,
the department shall report the same to the Colorado
Department of Revenue by first-class or certified mail or by
personal delivery, which report shall be on a form prescribed
and supplied by the Department of Revenue. Such report shall
contain the information required by Section 42-4-1804(1)(c),
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Colorado Revised Statutes (as amended), or other applicable
state law.
(3) Upon its receipt of such report, the Department of
Revenue shall ascertain, if possible, the last known owner of
record of the abandoned motor vehicle and any lienholder and
shall transmit such relevant information to the department
pursuant to Section 42-4-1804(2), Colorado Revised Statutes
(as amended).
(b) Notices to owners and interested parties; hearinqs.
(1) Should the Department of Revenue report the vehicle as
stolen, the department shall notify the rightful owner and the
responsible law enforcement agency which has reported the
vehicle as stolen as required by subsection (a) (1) above.
Otherwise, the department, within five (5) working days of
receiving the report of the Department of Revenue as to the
vehicle, shall notify by certified mail, return receipt
requested, the owner of record, if ascertained, or the
responsible law enforcement agency which has reported the
vehicle as stolen and any lienholder, if ascertained, of the
fact of such report and the claim, if any, of a lien under
Section 13-47 and shall send a copy of such notice to the
operator. The notice shall contain information that the
identified motor vehicle has been reported abandoned to the
department, the location of the motor vehicle and the location
from which it was towed, and that, unless claimed wi thin
thirty (30) calendar days from the date the notice was sent as
determined from the postmark on the notice, the motor vehicle
is subject to sale.
(2) Such notice shall also inform the owner of record
of his opportunity to request a hearing concerning the
legality of the towing of his abandoned motor vehicle. The
notice shall contain hearing information which substantially
complies with the following: "If there is a question
concerning the legality of the towing of the vehicle, a
written request for hearing may be made by the owner or
lienholder of the towed vehicle to the law enforcement agency
within ten (10) days of the postmark date of this Notice." If
the department receives a written request for hearing, the
department shall file the request with the Wheat Ridge
Municipal Court for a hearing regarding the propriety of the
questioned impoundment. If the department does not receive a
written hearing request within ten (10) days of the
postmarked date of the notice, a lienholder or the owner shall
be deemed to have waived the right to a hearing.
(3) Upon receipt of a proper hearing request, a hearing shall
be conducted before the Wheat Ridge Municipal Court within six
(6) days of receipt of a written demand therefor from the
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person seeking the hearing, unless such person walves the
right to a speedy hearing in writing. Saturdays, Sundays and
city holidays are to be excluded from the calculation of the
six-day period. The sole issue before the Court shall be
whether there was probable cause to impound the vehicle in
question. "Probable cause to impound" shall mean such a state
of facts as would lead a person of ordinary care and prudence
to believe that there was sufficient breach of law to grant
legal authority for the removal of the vehicle. The Court
shall conduct the hearing in an informal manner and shall not
be bound by technical rules of evidence. The person demanding
the hearing shall carry the burden of establishing that such
person has the right to possession of the vehicle. The City
of Wheat Ridge shall carry the burden of establishing that
there was probable cause to impound the vehicle in question.
The burden of proof shall be by a preponderance of the
evidence. The decision shall be a final decision of the Wheat
Ridge Municipal Court. Failure of the registered or legal
owner, or its agent, or any lienholder, to request or attend
a scheduled post seizure hearing shall be deemed a waiver of
the right to such hearing.
(4) Upon a determination by the Court that
vehicle was improperly impounded, the City of
shall fully reimburse the owner of the impounded
all towing and storage fees paid by the owner.
the sUbject
Wheat Ridge
vehicle for
(5) The hearing and
in this section shall
have been impounded by
reimbursement provisions contained
only be applicable to vehicles which
order of the department.
(c) Duties of operators.
(1) Any operator having in his possession any abandoned motor
vehicle from a private tow from within the City shall
immediately notify the chief of police, or his designee, as to
the name of the operator and the location of the impound lot
to which the vehicle has been towed. The operator shall also
provide a description of the abandoned motor vehicle,
including the make, model, color and year; the number, issuing
state, and expiration date of the license plate, and the
vehicle identification number. Upon such notification, the
department shall ascertain, if possible, whether or not the
has been reported stolen and, if so reported, shall notify the
responsible law enforcement agency which has reported the
vehicle as stolen and terminate any abandonment proceedings
under this article.
(2) Any operator shall, as soon as possible, but in no
event later than seventy-two (72) hours after the receipt of
determination that such motor vehicle has not been reported
stolen, report the same to the Colorado Department of Revenue
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by first-class or certified mail or by personal delivery,
which report shall be on a form prescribed and supplied by the
Colorado Department of Revenue. Such report shall contain the
information required by Section 42-4-1805(3)(b), Colorado
Revised Statutes (as amended) or other applicable state law.
(3) Upon its receipt of such a report, the Colorado Department
of Revenue shall ascertain, if possible, the last known owner
of record of the abandoned motor vehicle and any lienholder
and shall transmit such relevant information to the department
pursuant to Section 42-4-1804(2), Colorado Revised Statutes
(as amended). In the event the vehicle is determined by the
Colorado Department of Revenue not to be registered in the
state of Colorado, the report shall state that no Colorado
title records exist regarding the vehicle.
(4) Within five (5) working days of the receipt of such report
from the Colorado Department of Revenue, the operator shall
notify the owner of record and any lienholder and the
department by certified mail or by personal delivery that:
(a) The identif ied motor vehicle has been reported
abandoned to the Colorado Department of Revenue.
(b) The claim, if any, of a lien under subsection
13-46(a) of this article.
(c) The location of the motor vehicle and the location
from which it was towed.
(d) Unless claimed within thirty (30) calendar days from
the date the notice was sent as determined from the
postmark on the notice, the motor vehicle is subject to
sale.
Sec. 13-45. Appraisal of abandoned motor vehicles; sale.
(a) Public tow abandoned motor vehicles or motor vehicles
abandoned in the police impound lot subsequent to a public tow
shall be appraised and sold by the purchasing agent according to
the City's ordinances not less than thirty (30) nor more than sixty
(60) days after the date the notice required by subsection 13-44
was mailed. Any vehicle appraised at a value of less than one
thousand dollars ($1000.00) shall become the property of the
operator in full satisfaction of the costs or recovery, towing
and/or storage for that vehicle and shall discharge the City of any
further responsibility in connection with such vehicle.
(b) If the appraised value of an abandoned motor vehicle sold
pursuant to this article is two hundred dollars ($200) or less, the
sale shall be made only for the purpose of junking, scrapping or
dismantling such motor vehicle, and the purchaser thereof shall
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not, under any circumstances, be entitled to a Colorado certificate
of title. The chief shall cause to be executed and delivered a
bill of sale, together with a copy of the report descr ibed in
subsection 13-44(a)(2), to the person purchasing such motor
vehicle. The bill of sale shall state that the purchaser acquires
no right to a certificate of title for such vehicle. The chief
shall promptly submit a report of sale, with a copy of the bill of
sale, to the Colorado Department of Revenue and shall deliver a
copy of such report of s~le to the purchaser of the motor vehicle.
(c) If the appraised value of an abandoned motor vehicle sold
pursuant to this article is more than one thousand dollars
($1,000.00), the sale may be made for any intended use by the
purchaser thereof. The chief shall cause to be executed and
delivered a bill of sale, together with a copy of the report
described in subsection 13-44(a)(2) and an application for a
Colorado certificate of title signed by a legally authorized
representative of the department, to the person purchasing such
motor vehicle. The purchaser of the abandoned motor vehicle shall
be entitled to a Colorado certificate of title upon application and
proof of compliance with the applicable provision of the
"Certificate of Title Act," Section 42-6-101, Colorado Revised
Statutes (as amended), and the applicable regulations of the
Colorado Department of Revenue.
(d) Any vehicle appraised at a value of one thousand dollars
($1,000.00) or more shall be sold by the purchasing agent or his
designee at public auction. Prior to the public auction, the
purchasing agent or his designee shall cause a notice of sale to be
published describing the vehicle to be sold, the names of all
persons, if any, known to claim an interest in the vehicle, and the
times and place of the sale. The notice of sale shall be at least
once in a newspaper of general circulation in the City. The sale
shall be held wi thin ten (10) days of the date of the first
publication. The purchasing agent may contract with any person or
party to conduct the public auction authorized by this section.
(e) The purchasing agent shall issue a bill of sale without
warranty to the purchaser of a vehicle at an auction held pursuant
to subsection (d) of this section. There shall be no right of
redemption from any sale made pursuant to this section, nor shall
the City or any of its officers, agents or employees, be liable for
the failure to deliver a vehicle to any person or party other than
the purchaser at such auction.
(f) In the event the chief enters an agreement as authorized in
Section 13-48 hereunder, the duties and responsibilities specified
in this section 13-45 may be specifically delegated to an operator
under the agreement, and the tow operator shall agree to indemnify
and hold the City, the Chief and the purchasing agent harmless for
or on account of any act or omission of the tow operator in the
performance of said duties.
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-
-
Sec. 13-46. Liens; perfection and foreclosure.
(a) Liens upon towed motor vehicles. Whenever an operator
recovers, removes, or stores a motor vehicle upon instructions from
the owner of record thereof or any other legally authorized person
in control of such motor vehicle, from the owner or lessee of real
property upon which a motor vehicle is illegally parked or his
agent authorized in writing, or from any responsible law
enforcement agency or peace officer of the department who has
determined that such motor vehicle is an abandoned motor vehicle,
such operator shall have a possessory lien upon such motor vehicle
and its attached accessories or equipment for all costs of
recovery, towing, and storage as authorized in Section 13-47. Such
lien shall be a first and prior lien on the motor vehicle, and such
lien shall be satisfied before all other charges against such motor
vehicle.
(b) Perfection of lien. The lien provided for in subsection (a)
of this section shall be perfected by taking physical possession of
the motor vehicle and its attached accessories or equipment and by
sending to the department within three (3) working days of the time
possession was taken a notice containing the information required
in the report to be made under the provision of Section 42-4-1804
or Section 42-4-1805, Colorado Revised Statutes (as amended). In
addition, such report shall contain a declaration by the operator
that a possessory lien is claimed for all past, present, and future
charges, up to the date of redemption and that the lien is
enforceable and may be foreclosed pursuant to the provisions of
this article.
(c) Foreclosure of lien. Any motor vehicle and its attached
accessories and equipment sUbject to the possessory lien provided
for in subsection (b) of this section and not redeemed by the last-
known owner of record or lienholder within thirty (30) days after
such owner or lienholder has been sent notice of such lien by the
operator shall be sold in accordance with the provisions of section
13-45 of this article.
Sec. 13-47. Proceeds of sale.
(a) If the sale of any motor vehicle and its attached accessories
or equipment under the provisions of section 13-45 produces an
amount less than or equal to the sum of all charges of the operator
who has perfected a lien, then the operator shall have a valid
claim against the owner of record for the full amount of such
charges, less the amount received upon the sale of such motor
vehicle. Such charges shall be assessed in the manner provided for
in the provisions of any towing agreement in force between the City
and an operator. If no such towing agreement is in force, the
charges shall be assessed in the manner provided for in Section 42-
4-1810(2)(a), Colorado Revised Statutes (as amended).
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(b) If the sale of any motor vehicle and its attached accessories
or equipment under the provisions of section 13-45 of this article
produces an amount greater than the sum of all charges of the
operator who has perfected a lien, any balance then remaining shall
be forwarded to the Colorado Department of Revenue, and the
Department of Revenue may recover from such balance any taxes, fees
and penalties due and payable to it with respect to such motor
vehicle.
(c) Any balance then remaining shall be paid by the Colorado
Department of Revenue as follows: First, to any lien holder of
record as his interest may appear upon the records of the
Department of Revenue; second, to any owner of record as his
interest may so appear; and then to any person submitting proof of
his interest in such motor vehicle upon the application of such
lienholder, owner or person. If such payments are not requested
and made within one hundred twenty (120) days of the sale of the
abandoned motor vehicle, the balance shall be transmitted to the
state treasurer, who shall credit the same to the highway users
fund.
Sec. 13-48. Authority to establish tow list and rules and
regulations with operator.
Authority is hereby expressly delegated to the Chief of Police to
maintain a rotating tow list pursuant to the rules and regulations
for the licensing and operation of licensed tow operators in the
City of Wheat Ridge, Colorado, with one or more operators for the
purpose of carrying out the duties specified. Pursuant to these
rules and regulations, the chief may delegate the authority and
responsibility to the operator to investigate the question of
ownership of any vehicle, and to complete such administrative
functions as required. Pursuant to these rules and regulations the
administrative responsibilities delegated to the operator shall be
specified, and shall also specifically provide for the
indemnification of the City by the operator for or on account of
any liability accruing from any error in the execution of, or
failure to execute, any of the duties and responsibilities
specified in these Sections 13-41 through 13-48, inclusive, which
are assigned and delegated to the operator pursuant to said rules
and regulations.
Sec. 13-49. Exemptions.
(a) Nothing in this article shall be construed to include or apply
to the driver of any disabled motor vehicle who temporarily leaves
such vehicle on the paved or improved and main-traveled portion of
a roadway, subject, when applicable, to the emergency lighting
requirements set forth in Section 42-4-230, Colorado Revised
Statutes (as amended).
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(b) Nothing in this article shall be construed to include or apply
to authorized emergency motor vehicles while such vehicles are
actually and directly engaged in, coming from, or going to an
emergency.
(c) Nothing ln this article shall be construed to include or apply
to abandoned vehicles kept as evidence for either criminal or civil
cases by the department.
Sec. 13-50. Violations; penalty.
Any person who violates any of the provisions of Section 13-42
shall, upon conviction, be punished by a fine of not more than four
hundred ninety-nine dollars ($499.00). Any person violating the
provisions of Section 13-42 hereof shall be sUbject to the
following minimum fines, which may not be suspended in whole or in
any part by the Court:
(a) Fifty dollars ($50.00) for the first offense.
(b) One hundred dollars ($100.00) for the second offense.
(c) Two hundred dollars ($200.00) for the third offense.
(d) Three hundred dollars ($300.00) for the fourth or subsequent
offense(s).
Section 3. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person or
circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such jUdgment shall not affect
application to other persons or circumstances.
Section 4. Safe tv Clause. The City Council hereby finds,
determines, and declares that this ordinance in promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the property legislative object sought to be
attained.
Section 5. This ordinance shall become effective ~l~__ days (s)
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to 0 on this -1.0th ~ day of March , 1995, ordered
publlshed in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Hearing and consideration on final
passage set for Monday, April 10 , 1995, at
7: 0 o'clock p.m., in the Councll Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
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READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to __L this _10th_~ day of
_--fuLri l~______, 1995.
SIGNED by the Mayor on this
1995.
11 th day of
Apri 1
~~
Dan Wilde, Mayor
ATTEST:
.
Ji ";
'" rti-l.../L....., ~ t~_H<-{
Wanda Sang, Clt c~e~k
APPROVED AS TO FORM BY CITY ATTORNEY
,-. ";/ ,; /- ,'" / /
~ .-~fk~:!/ ..:~ ~(/
Gerald E. Dahl ' Clty Attorney
1st Publication: March 30, 1995
2nd Publication: April 20, 1995
Jefferson Sentinel:
Effective Date: May 5, 1995
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