§ 8-66. 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:

"Advertising circular" shall mean any publication that contains only advertising and no news reports.

"Bike path" shall mean that portion of a right-of-way improved, designed or ordinarily used for bicycle traffic. The term bike path shall include any paved or unpaved surface that may be designated by the appropriate authority for bicycle traffic.

"Distributing entity" shall mean the person or any other legal entity owning a newsrack or modular newsrack in a public right-of-way.

"Median" shall mean a dividing section of a road, either paved or unpaved or delineated by curbs, lines or other markings on the roadway, and separating opposing or conflicting streams of traffic.

"Modular newsrack" shall mean a connected group of 6 modules each of which functions as a newsrack, placed on a pedestal or platform which is installed as a single unit and suited for the display, sale, or distribution of advertising circulars, newspapers or other periodicals.

"Newsrack" shall mean any type of unmanned device including any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of advertising circulars, newspapers or other written periodicals, or for the vending or free distribution of advertising circulars, newspapers or written periodicals.

"Newspaper" shall mean a publication, issued at regular intervals, usually daily or weekly, commonly containing news, comment and advertising.

"Periodical" shall mean a magazine or other journal that is issued at regularly recurring intervals.

"Right-of-way" shall mean all that area dedicated to public use as granted by an easement for public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, sidewalks, medians, curbs, gutters and crosswalks.

"Roadway" shall mean that portion of a right-of-way improved, designed or ordinarily used for vehicular travel.

"Sidewalk" shall mean any surface within a right-of-way provided for the exclusive or primary use of pedestrians and non-motorized vehicles.

"Swale" shall mean the portion of the right-of-way located between a private property line and the street curb or the edge of a paved road, including, but not limited to, sidewalks, bike paths, driveways, entranceways, grassy areas and areas within a roadway which are not open to vehicular travel.

(Ord. No. 5135, § 1, 5-11-10)

Cross reference

Definitions and rules of construction generally, § 1-2.