For the purpose of this chapter, the following words, terms and phrases shall have the meaning attributed:
“Blinder Rack” shall mean an opaque device, which serves to completely obscure harmful matter, placed in such a fashion so that the lower 2/3 of the harmful matter is not exposed to public view.
“Distributor” shall mean any person responsible for placing and maintaining a newsrack in a public right-of-way.
“Explicit Sexual Act” shall mean depictions of sexual intercourse, oral copulation, anal intercourse, or oral-anal copulation, bestiality, sadism, masochism, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed above or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, peritoneum, anus or anal region.
“Harmful Matter” shall mean matter, taken as whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and when, taken as whole, depicts or describes in a patently offensive way sexual conduct and when, taken as whole, lacks serious literary, artistic, political, or scientific value for circulation, distribution or dissemination of any newspapers.
“Newsrack” shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display or distribution or sale of publications.
“Public right-of-way” shall mean any place of any nature, which is dedicated to use by the public for pedestrian travel, and includes, but is not limited to, a sidewalk, curb, parkway, lane, mall, court, park, square, and any other similar public way.
“Roadway” shall mean that part of the public right-of way that is designated and used primarily for vehicular traffic.
(Ord. 307 § 2 (part), 2004)