Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.
ADMINISTRATOR means the City Manager or designee.
BLINDER RACK means any opaque material placed in front of the harmful matter and within the publication vending machine which prevents exposure to public view.
DRIVEWAY means a surfaced area which is designed or used for vehicular access between a lot and a public street.
HARMFUL MATTER means matter which when taken as a whole, predominantly appeals to the prurient interests of the average person, applying contemporary statewide standards, meaning a shameful or morbid interest in nudity, sex, or excretion, and which is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter must be judged with reference to its intended recipient group.
LOT has the same meaning as set forth in the zoning regulations of this Code.
NEWSRACK means any self-service coin- operated box, container, storage unit or other dispenser designed, used or maintained for the display
or sale of any written or printed material, including, without limitation, newspapers, news periodicals, magazines, books, pictures, photographs and records.
PERMIT means a permit issued to a person pursuant to this chapter allowing a newsrack to be installed within a specifically designated portion of a public right-of-way. PERMIT may also include a uniform newsrack permit issued in accordance with this chapter.
PERMITTEE means a person or entity to whom a permit was issued pursuant to this chapter.
PUBLIC RIGHT-OF-WAY means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined by Cal. Sts. & High. Code § 18609, and any successor statute.
PUBLIC STREET means any city street or public right-of-way including, without limitation, the curb and gutter.
UNIFORM NEWSRACK means a newsrack of a style, size and color designated by Council by resolution for permanent installation.
(Ord. 1101, passed 6-21-04)