For the purpose of the provisions of this chapter concerning newsracks on public rights-of-way hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
"Alley" means a public thoroughfare or way having a width not more than thirty feet which affords only a secondary means of abutting property.
"Distributor" means a person who has the responsibility of placing, servicing or maintaining a newsrack by depositing and/or removing material from said newsrack and/or by collecting monies from said newsrack.
"Harmful matter" means any matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently, offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value.
"Hearing officer" means the City Manager, who shall preside at the administrative hearings authorized by this chapter.
"Matter" means any book, magazine, newspaper, periodical, record or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any mechanical, chemical, or electrical reproduction or any other articles, equipment, machines or material.
"Minor" means any natural person under eighteen years of age.
"Newsrack" means 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 written or printed matter, including, but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records.
"Owner" means any and all natural persons or entity who owns, controls, manages, and/or leases a newsrack for the display, sale or distribution of any written or printed matter.
"Parkway" means that 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 place" means any area that is used or held out for the use of the public whether owned or operated by public or private interests, but not including indoor areas.
"Public right-of-way" means 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, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square, and any other similar public way.
"Roadway" means that portion of a street improved, designed or ordinarily used for vehicular travel.
"Sidewalk" means a thoroughfare which affords a primary means of access to abutting property, other than an alley, but including an avenue, boulevard, drive, highway, lane, place or road.
"Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (Ord. 2919 § 1 (part), 1997).