HomeMy WebLinkAboutOrdinance No. 08-O3``1
ORDINANCE NO. 08-03
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA AMENDING THE AZUSA
MUNICIPAL CODE REGARDING NOISE SOURCE STANDARDS
WHEREAS, California Government Code Section 36937(b) authorizes the City Council
to adopt by a four-fifths vote, without following the procedures otherwise required for the
adoption of an ordinance, an urgency ordinance which is necessary for the immediate protection
of the public safety, health and welfare; and
WHEREAS, the City of Azusa ("City") adopted Ordinance No. 06-07 which amended,
re -stated, and re -codified the City's noise source standards; and
WHEREAS, Ordinance No. 06-07 contained noise regulations that required a 24 hour
measurement in order to determine the existence of a violation and omitted certain noise standard
classifications that the City's Code Enforcement and Police Departments routinely rely upon to
preserve the public's safety, health and welfare; and
WHEREAS, the City's Code Enforcement and Police Departments have requested that
the noise measurement be reduced below 24 hours and the omitted noise standard classifications
be re -adopted by the City Council to protect the public safety, health and welfare of the City's
residents; and
WHEREAS, it is necessary for the noise standard classifications to take effect
immediately to protect the public safety, health and welfare because the City's Code
Enforcement and Police Departments are being confronted daily with the types of violations
contained in the omitted noise standard classifications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds that the adoption of this urgency ordinance is necessary for the
immediate preservation of the public peace, health and safety due to the nuisance conditions that
arise in the absence of these regulations. The City Council incorporates each of the recitals
provided above into this section as farther findings in support of the adoption of this urgency
ordinance.
SECTION 2. DEFINITIONS.
Section 46-402 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-402. Definitions.
The following words, phrases and terms as used in this chapter shall have
the meaning as indicated below:
(a) "Ambient noise level' shall mean the all-encompassing noise level associated
with a given environment, being a composite of sounds from all sources, excluding
the alleged offensive noise, at the location and approximate time at which a
comparison with the alleged offensive noise is to be made.
(b) "Commercial property" shall mean a parcel of real property which is developed
and used either in part or in whole for commercial purposes including, but not limited
to, retail and wholesale businesses.
(c) "Cumulative period" shall mean an additive period or time composed of
individual time segments which may be continuous or interrupted.
(d) "Decibel' (db) shall mean a unit which denotes the ratio between two (2)
quantities which are proportional to power; the number of decibels corresponding to
the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten
(10) of this ratio.
(e) "Director" shall mean the Azusa Director of Economic and Community
Development.
(f) "Emergency machinery, vehicle or work" shall mean any machinery, vehicle or
work used, employed or performed in an effort to protect, provide or restore safe
conditions in the community or for the citizenry, or work by private or public utilities
when restoring utility service.
(g) "Fixed noise source" shall mean a stationary device which creates sounds while
fixed or motionless, including but not limited to, industrial and commercial
machinery and equipment, pumps, fans, compressors, generators, air conditioners and
refrigeration equipment.
(h) "Grading" shall mean any excavating or filling of earth material, or any
combination thereof, conducted to prepare said site for construction or the placement
of the improvements thereon.
(i) "Impact noise" shall mean the noise produced by the collision of one (1) mass in
motion with a second mass which may be either in motion or at rest.
0) "Industrial property" shall mean a parcel of real property which is developed and
used in part or in whole for manufacturing purposes including research and
development uses.
(k) "Ldn" is the average noise level over a 24 hour period. The noise between the
hours of 10 p.m. and 7 a.m. is artificially increased by 10 db(A). This noise is
weighted to take into account the decrease in community background noise of 10
db(A) during this period.
(1) "Mobile noise source" shall mean any noise source other than a fixed noise source.
(m) "Noise level' shall mean the "A" weighted sound pressure level in decibels
obtained by using a sound level meter at slow response with a reference pressure of
twenty (20) micropascals (micronewtons per square meter). The unit of measurement
shall be designated as db(A).
(n) "Person" shall mean a person, firm, association, co -partnership, joint venture,
corporation or any entity, public or private in nature.
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(o) "Residential property" shall mean a parcel of real property which is developed
and used either in part or in whole for residential purposes, other than transient uses
such as hotels or motels.
(p) "Predominant tone noise' shall mean a noise characterized by a predominant
frequency or frequencies so that other frequencies cannot be readily distinguished.
(q) "Professional office' shall mean a parcel of real property which is developed and
used either in part or in whole for business, clerical or professional activities, not
including those activities regulated as commercial properties.
(r) "Public institutional properties" shall mean a parcel of real property which is
developed and used either in part or in whole for religious, hospital, scientific,
educational or charitable purposes.
(s) "Review authority" shall mean the agency, body or department charged with
issuing and/or enforcing conditions of approval.
(t) "Simple tone noise' shall mean a monotone sound consisting of a single pitch or
vibration.
(u) "Sound pressure level' of a sound, in decibels, shall mean twenty (20) times the
logarithm to the base of ten (10) of the ratio of the pressure of the sound to a
reference pressure, which reference pressure shall be explicitly stated."
SECTION 3. NOISE LEVEL MEASUREMENT CRITERIA.
Section 46-403 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-403 Noise Level Measurement Criteria.
Any noise level measurements made pursuant to the provisions of this chapter shall
be performed using a sound level meter. The location selected for measuring exterior
noise levels shall be at any point on the property line of the offender or anywhere on
the affected property. Interior noise measurements shall be made within the affected
unit. The measurement shall be made at a point in the affected unit at least four (4)
feet from the wall, ceiling or floor nearest the noise source."
SECTION 4. DESIGNATED NOISE ZONES.
Section 46-404 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-404 Designated Noise Zones
The properties hereinafter described, whether within or without the City, are hereby
assigned to the following noise zones:
Noise Zone 1: All residential properties;
Noise Zone 2: All professional office and public institutional properties;
Noise Zone 3: All commercial properties with the exception of professional office
properties; and
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Noise Zone 4: All industrial properties."
SECTION 5. EXTERIOR NOISE STANDARDS.
Section 46-405 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"See. 46-405 Exterior Noise Standards.
(a) The following noise standards, unless otherwise specifically indicated, shall apply
to all real property within a designated noise zone:
(b) In the event the alleged offensive noise consists entirely of impact noise, simple
tone noise, speech, music or any combination thereof, each of the above noise levels
shall be reduced by 5 db(A)."
SECTION 6. EXTERIOR NOISE LEVELS PROHIBITED.
Section 46-406 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-406 Exterior Noise Levels Prohibited.
It shall be unlawful for any person at any location within the incorporated area of the
City to create any noise, or to allow the creation of any noise on property owned,
leased, occupied, or otherwise controlled by such person, which causes the noise level
when measured on any residential, public institutional, professional, commercial or
industrial property, either within or without the City, to exceed the applicable noise
standards:
(a) For a cumulative period of more than thirty (30) minutes in any hour;
(b) Plus 5 db(A) for a cumulative period of more than fifteen (15) minutes in any
hour;
(c) Plus 10 db(A) for a cumulative period of more than five (5) minutes in any hour;
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Exterior Noise Standards
Noise Zone
Noise Level
Time Period
1
55 db(A)
50 db(A)
7 a.m. —10 p.m.
10 p.m. — 7 a.m.
2
55 db(A)
Anytime
3
60 db(A)
Anytime
4
70 db(A)
Anytime
(b) In the event the alleged offensive noise consists entirely of impact noise, simple
tone noise, speech, music or any combination thereof, each of the above noise levels
shall be reduced by 5 db(A)."
SECTION 6. EXTERIOR NOISE LEVELS PROHIBITED.
Section 46-406 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-406 Exterior Noise Levels Prohibited.
It shall be unlawful for any person at any location within the incorporated area of the
City to create any noise, or to allow the creation of any noise on property owned,
leased, occupied, or otherwise controlled by such person, which causes the noise level
when measured on any residential, public institutional, professional, commercial or
industrial property, either within or without the City, to exceed the applicable noise
standards:
(a) For a cumulative period of more than thirty (30) minutes in any hour;
(b) Plus 5 db(A) for a cumulative period of more than fifteen (15) minutes in any
hour;
(c) Plus 10 db(A) for a cumulative period of more than five (5) minutes in any hour;
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(d) Plus 15 db(A) for a cumulative period of more than one (1) minute in any hour;
or
(e) Plus 20 db(A) for any period of time.
In the event the ambient noise level exceeds any of the first four (4) noise limit
categories above, the cumulative period applicable to said category shall be increased
to reflect said ambient noise level. In the event the ambient noise level exceeds the
fifth noise limit category, the maximum allowable noise level under said category
shall be increased to reflect the maximum ambient noise level."
SECTION 7. INTERIOR NOISE STANDARDS.
Section 46-407 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-407 Interior Noise Standard.
(a) The following noise standards, unless otherwise specifically indicated, shall apply
to all real property with a designated noise zone:
(b) In the event the alleged offensive noise consists entirely of impact noise, simple
tone noise, speech, music, or any combination thereof, each of the above noise levels
shall be reduced by 5 db(A)."
SECTION 8. INTERIOR LEVELS OF NOISE PROHIBITED.
Section 46-408 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-408 Interior Levels of Noise Prohibited.
It shall be unlawful for any person at any location within the incorporated area of the
City to create any noise, or to allow the creation of any noise on property owned,
leased, occupied, or otherwise controlled by such person, which causes the noise level
when measured within any other structure on any residential, public institutional,
commercial, or industrial property to exceed:
(a) The noise standard for a cumulative period of more than five (5) minutes in any
hour;
(b) The noise standards plus 5 db(A) for a cumulative period of more than one (1)
minute in any hour; or
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Interior Noise Standards
Noise Zone
Noise Level
Time Period
1
55 db(A)
45 db(A)
7 a.m. — 10 p.m.
10 p.m. — 7 a.m.
2, 3, 4
55 db(A)
Anytime
(b) In the event the alleged offensive noise consists entirely of impact noise, simple
tone noise, speech, music, or any combination thereof, each of the above noise levels
shall be reduced by 5 db(A)."
SECTION 8. INTERIOR LEVELS OF NOISE PROHIBITED.
Section 46-408 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-408 Interior Levels of Noise Prohibited.
It shall be unlawful for any person at any location within the incorporated area of the
City to create any noise, or to allow the creation of any noise on property owned,
leased, occupied, or otherwise controlled by such person, which causes the noise level
when measured within any other structure on any residential, public institutional,
commercial, or industrial property to exceed:
(a) The noise standard for a cumulative period of more than five (5) minutes in any
hour;
(b) The noise standards plus 5 db(A) for a cumulative period of more than one (1)
minute in any hour; or
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(c) The noise standard plus 10 db(A) for any period of time.
In the event the ambient noise level exceeds either of the first two (2) noise limit
categories above, the cumulative period applicable to said category shall be increased
to reflect said ambient noise level. In the event the ambient noise level exceeds the
third noise level, the maximum allowable noise level under said category shall be
increased to reflect the maximum ambient noise level. Each of the noise limits
specified above shall be reduced by 5 db(A) for impact or predominant tone noises, or
for noises consisting of speech or music. In the event that the noise source and the
affected property are within different noise zones, the noise standards of the affected
property shall apply."
SECTION 9. CONSTRUCTION.
Section 46-409 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-409 Construction.
In order to allow construction schedules to take advantage of the weather and normal
daylight hours, and to ensure that nearby residents as .well as nonresidential activities
are not disturbed by the early morning or late night activities the City has established
the following limits on construction, in compliance with the table below or as
required by conditions of approval.
SECTION 10. PROHIBITED NOISE.
Section 46-410 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-410 Prohibited Noise.
Notwithstanding any other provisions of this chapter and in addition thereto, it shall
be unlawful for any person to do any of the following:
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Construction Hours
Days
Allowable Hours
7:00 a.m. to 6:00 p.m.
Monday through Saturday
Extended construction hours may only be allowed
by the review authority through conditions of
approval between 6 p.m. and 10 p.m.
Construction activities may only be allowed by the
Sunday and National Holidays
review authority through conditions of approval
between 9 a.m. and 5 p.m.
SECTION 10. PROHIBITED NOISE.
Section 46-410 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-410 Prohibited Noise.
Notwithstanding any other provisions of this chapter and in addition thereto, it shall
be unlawful for any person to do any of the following:
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(a) Motor vehicles. No person within the City shall make, continue or cause to be
made or continued any loud, unnecessary or unusual noise nor shall any person race
the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor
vehicle or operate any motor -vehicle, including any motorcycle, trail bike, dune
buggy, motor scooter or jeep, or the motor thereof on any place other than a highway
so as to disturb the peace or quiet of any neighborhood or person by noise, dust,
smoke or fumes caused by such motor vehicle nor shall any person make any noise
which either annoys, disturbs, injures or endangers the comfort, repose, health, peace
or safety of others.
(b) Equipment and machinery. No person shall use, operate or permit to be used or
operated within or near any residential zone any power tool, machine or equipment or
any other tool, machine or equipment between the hours of 10:00 p.m. and 7:00 a.m.,
in such a manner that the sounds therefrom disturb or interfere with the peace,
comfortor welfare of the neighboring inhabitants, except for emergency work.
(c) Radios, phonographs, musical instruments or other devices. No person shall use
or operate or permit to be played, used or operated, when under his control or
direction, any radio, receiving set, musical instrument, phonograph or other machine
or device for the producing or reproducing of sound in such a manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the persons who are in the room,
vehicle or chamber in which such machine or .device is operated and who are
voluntary listeners thereto. No person shall use or operate or permit to be used,
operated or played while under his control any radio, receiving set, musical
instrument, phonograph or other machine or device for the producing or reproducing
of sound between the hours of 10:00 p.m. and 7:00 a.m., in such a manner that the
sound therefrom is plainly audible at a distance of fifty feet (50') from the building,
structure or vehicle in which it is located
(d) Loudspeakers and amplifiers.
(1) No person shall use or operate or permit to be played, used or operated
while under his control any radio, receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing or
reproducing of sound which is cast upon the public streets for the purposes of
commercial advertising or attracting the attention of the public to any building or
structure.
(2) No person shall use or operate or permit to be played, used or operated
while under his control any radio, receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing or
reproducing of sound in a public park, unless in conjunction with an Outdoor Festival
(A.M.C. Sections 18-811 et seq.) or a City sponsored event.
(e) Public address systems. No person shall install, maintain or operate any outdoor
paging system or public address system which is:
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(1) Capable of producing a sound level of 5 db(A) above the ambient sound
level at the property line of the adjacent property;
(2) Operated between the hours of 9:00 p.m: and 8:00 a.m.; and
(3) Used in a manner as to create a sound upon any residential property at any
time, which sound is of such tone or volume as to be annoying or disturbing to
persons of normal sensibility upon any residential property
(f) Animals and birds. No person shall keep, maintain or permit upon any lot or
parcel of land under his control any dog, animal or fowl which by any sound, bark or
cry disturbs the peace or comfort of the neighboring inhabitants or interferes with any
person for the reasonable and comfortable enjoyment of life and property."
SECTION 11. LIMITATION ON TRUCK DELIVERIES.
Section 46-411 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-411 Limitation on Truck Deliveries.
Truck deliveries to a commercial or industrial parcel adjacent to a conforming
residential use shall be limited to the hours between 7:00 a.m. and 7:00 p.m., unless
the Director authorizes other delivery times based on the determination that there is
either no feasible alternative, or there are overriding transportation and traffic
management benefits to scheduling deliveries at night."
SECTION 12. NOISE RECEPTOR STANDARDS.
Section 46-412 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-412 Noise Receptor Standards.
Where noise -sensitive land uses are proposed in areas exposed to existing or
projected noise levels in excess of the standards in Sections 46-405 and 46-407, the
City shall require an acoustical analysis as part of the environmental review process
so that noise mitigation may be included in the project design, so that proposed
structures are designed to limit intruding noise in interior rooms to 45 db(A) Ldn. At
the discretion of the Director, the requirement for an acoustical analysis may be
waived if all of the following conditions are satisfied:
(a) The development is for less than five (5) single-family dwellings or less than ten
thousand (10,000) square feet of total gross floor area for office buildings meeting
facilities;
(b) The noise source in question consists of a single roadway or railroad for which
up-to-date noise exposure information is available. An acoustical analysis will be
required if the noise source is a stationary noise source, or if there are multiple noise
sources that could affect the project;
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(c) The projected future noise exposure at the exterior of proposed buildings or
outdoor activity areas does not exceed 65 db(A) Ldn;
(d) The topography of the area is essentially flat;'and
(e) Effective noise mitigation, as determined by the Director, is incorporated into the
project design. The measures can include, but are not limited to, the use of building
setbacks, building orientation, or noise barriers. If closed windows are required for
compliance with interior noise level standards, air conditioning or a mechanical
ventilation system will be required."
SECTION 13. EXEMPTIONS.
Section 46-413 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-413 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
(a) School bands, school athletics and school entertainment events, provided such
events are conducted on school property or authorized by the City;
(b) Activities otherwise lawfully conducted in public parks, public playgrounds and
public or private school grounds;
(c) Any mechanical device, apparatus or equipment used, related to or connected
with
emergency machinery, vehicle or work;
(d) Noise sources associated with construction, repair, remodeling, or grading of any
real
property; provided a permit has been obtained from the City; and provided said
activities take place between the hours enumerated in Section 46-409.
(e) Noise sources associated with the maintenance of real property provided said
activities take place between the hours of 8 a.m. and 8 p.m. on any day except Sunday
or between the hours of 9 a.m. and 5 p.m. on Sunday or a federal holiday;
(f) Noise sources associated with the authorized collection of solid waste.
(g) Any activity or equipment to the extent that design regulation thereof has been
pre-empted by state or federal laws."
SECTION 14. MISCELLANEOUS PROVISIONS.
Section 46-414 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-414 Miscellaneous Provisions.
(a) Acoustical analysis required. Where Director determines that a proposed project
may generate noise in excess`of any limit established by Sections 46-405 and 46-407,
and/or where the use may generate noise in outdoor areas in excess of 60 db(A), the
land use permit application for the use shall include an acoustical analysis by a
qualified professional approved by the Director.
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(1) Contents. The analysis shall determine the potential for stationary source noise
impacts to neighboring land uses, include field measurements to determine more
precise locations for existing and projected fixture noise levels (based on traffic
projections in the circulation element of the general plan or as otherwise accepted by
the city), and recommend appropriate mitigation measures.
(2) Preferred mitigation measures for receptor sites. When development is subject
to high noise levels requiring mitigation, the following measures shall be considered
and 'preference shall be given where feasible in the following order:
a. Site layout, including setbacks, open space separation and shielding of noise
sensitive uses with non -noise -sensitive uses;
b. Acoustical treatment of buildings; or
c. Structural measures such as constructed of earth berms and/or wood or concrete
barriers; provided that no sound wall shall be located adjacent to a public street."
SECTION 15. VIOLATION.
Section 46-415 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-415 Violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a
MISDEMEANOR. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such. The provisions of
this chapter shall not be construed as permitting conduct not proscribed herein and
shall not affect the enforceability of any other applicable provisions of law."
SECTION 16. CEQA.
The City Council finds that this urgency ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 17. SEVERABILITY.
If any provisions of this urgency ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of
this urgency ordinance which can be given effect without the invalid provision or application,
and to this end the provisions of this urgency ordinance are severable. The City Council hereby
declares that it would have adopted this urgency ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 18. EFFECTIVE IMMEDIATELY.
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This urgency ordinance shall become effective immediately upon adoption, if adopted by
at least a four-fifths vote of the City Council.
SECTION 19. PUBLICATION.
The City Clerk shall certify to the adoption of this urgency ordinance and cause it, or a
summary of it, to be published once within fifteen (15) days of adoption in a newspaper of
general circulation printed and published within the City of Azusa, and shall post a certified copy
of this urgency ordinance, including the vote for and against the same, in the Office of the City
Clerk in accordance with Government Code Section 36933.
PASSED, APPROVED AND ADOPTED this 14"' day of May, 2008.
Attest:
Vera Mendoza, City
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
,Joseph .Rocha, Mayor
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I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Urgency Ordinance No. 08-03, was duly introduced and adopted at a regular meeting of the City
Council on the 14'" day of April, 2008, by the following vote of the Council:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Vera Mendoza, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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