For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED LOCATION(S).
A location or locations approved by the Director for newsracks in the Brea Downtown Newsrack District, each of which shall not exceed ten feet (10') in length.
BREA DOWNTOWN NEWSRACK DISTRICT.
That portion of the Brea Downtown area that is described as follows: Beginning at the northeast corner of Assessors Parcel No. 296-331-39, east along the southern boundary of the railroad right-of-way to the intersection of the extension of the center line of Orange Avenue, south to the intersection with the extension of the south property line of Assessors Parcel No. 319-242-01, west to the intersection with the east boundary of the alley right-of-way, south to the intersection of the north property line of Assessors Parcel No. 319-242-17, east to the intersection of the extension of the property line and the center line of Orange Avenue, south to the intersection of the center line and the extension of the south property line of Assessors Parcel No. 319-242-17, west to the intersection of the east boundary of the alley right-of-way, south to the intersection of the south property line of Assessors Parcel No. 319-242-07, east to the intersection with the center line of Orange Avenue, south to the intersection with the extension of the south property line of Assessors Parcel No. 296-291-30, west to the intersection with the east boundary of the alley right-of-way, south to the intersection with the south boundary of the right-of-way of Imperial Highway, west to the intersection with the extension of the east property line of Assessors Parcel No. 296-142-06, north to the intersection with the north property line of Assessors Parcel No. 296-361-25, east to the intersection of the west boundary of the Walnut Street right-of-way, north to the intersection of the north boundary of the Ash Street right-of-way, east to the intersection with the west boundary of the Brea Boulevard right-of-way, and north to the starting point at the northeast corner of Assessors Parcel No.296-331-39. A map depicting the foregoing boundaries of the Brea Downtown Newsrack District is available for public inspection in the office of the City Clerk during normal business hours of the city.
DIRECTOR. The Director of Development Services of the city, or his or her designee.
EXPLICIT SEXUAL ACTS. Depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.
HIGH CIRCULATION PAPER. Any newspaper, news periodical or other news publication that:
1. Is published on five (5) or more calendar days per week; and
2. Has a national circulation in excess of eight hundred thousand (800,000).
NATIONAL CIRCULATION. The total circulation of a newspaper, news periodical or news publication as reflected in an independently audited circulation report chosen by the Director.
NEWSRACK. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of any publication.
OWNER. Any person or company whose name appears as an owner on a newsrack as required by § 12.24.050.H. of this chapter, for which a permit is sought or obtained.
PARKWAY. The area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. PARKWAYS shall also include any area within a roadway which is not open to vehicular travel.
PUBLIC RIGHT-OF-WAY. Any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, public easement, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, bridge, thoroughfare, a park, square and any other similar public way.
ROADWAY. The portion of a street improved, designed or ordinarily used for vehicular travel.
SIDEWALK. Any surface provided for the use of pedestrians.
STANDARD CIRCULATION PAPER. Any newspaper, news periodical or other news publication that is not a high circulation paper.
STREET. All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
('61 Code, § 20A.2) (Ord. 944, passed - - ; Am. Ord. 1071, passed 7-20-04)