17.12.020 DEFINITIONS.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed thereto:

Abandoned News Dispenser or Compartment. A News Dispenser or Compartment that for ten days contains debris, garbage, trash, or no current publications, or remains empty, except that a News Dispenser or Compartment remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication of the Publications sold or distributed from that News Dispenser shall not be deemed abandoned.

Amortization Date. Six months from the effective date of this chapter.

Block Face. The sidewalk area of a right-of-way on one side of the street between any two cross streets or a cross street and the end of the street.

Compartment. A separate part or section of a Modular Newsrack that accommodates one or more Publication from a single Publisher.

Director. The Director of Public Works or designee.

Downtown Area. The area included within the Downtown Retail Core and Downtown Retail Core Support areas as designated on the Downtown Land Use Plan included as figure 11 in the Downtown Specific Plan.

Freestanding Newsrack. Any self-service or coin-operated box, container, storage unit, fixture or other dispenser placed, installed, or maintained, for the display and sale or other distribution of a single Publication but excluding Modular Newsracks.

Harmful Matter. Matter defined as harmful matter under Section 313 of the California penal Code, and as said section may be amended.

Matter. Any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.

Mandatory Modular Area. The area included within the Downtown Area as defined in this section.

Modular Newsrack. A News Dispenser containing two (2) or more Compartments within a single unit mounted at a fixed location but otherwise having the characteristics of a Freestanding Newsrack.

News Dispenser. Both Freestanding Newsracks and Modular Newsracks, including Compartments.

Operator. A person or entity that has entered into a written contract with the City to construct Modular Newsracks within the Mandatory Modular Area, including the Modular stands. An Operator is responsible for the placement and removal of Compartments in accord with the provisions of this chapter.

Public Property. Property owned by the City, but excluding Public Right of Way.

Public Right Of Way. That area or those areas dedicated to public use for public street purposes including, but not limited to, roadways, parkways, alleys, and sidewalks.

Publication. Newspapers, periodicals, magazines or other printed materials.

Publisher. Any person or entity engaged in the direct distribution, or who is within the chain of distribution, of a Publication.

Roadway. That portion of a public right of way improved, designed, and ordinarily used for vehicular traffic.

Sidewalk. Any area provided for the use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property line.