§ 18-33. Definitions.

For the purposes herein, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abandoned means any newsrack which remains empty for a period of thirty (30) continuous days, whether otherwise in good condition or not, or any newsrack upon which no responsible contact person's name, address and telephone number has been posted.

Distributor means a person that displays, markets, stocks and dispenses a publication from a specified or equivalent newsrack.

Equivalent newsrack means any newsrack that is of the same size, dimensions, color, and style of the specified newsrack.

Newsrack means any type of unmanned device for the display and distribution of free or for sale publications, including any self-service or coin operated box, container, storage unit, or other dispenser located, installed, used, or maintained for the display, sale, or distribution of a publication.

Publication means a newspaper, news periodical, advertising circular, magazine or similar printed document.

Public right-of-way means any place of any nature that is dedicated to use by the public for pedestrian or vehicular travel, and includes but is not limited to a street, avenue, boulevard, drive, highway, lane, place, road, roadway, terrace, way, sidewalk, curb, gutter, crossing, intersection, viaduct, bridge and any other similar public use.

Publisher means a person who issues and prepares printed matter or documents for distribution or sale.

Sidewalk or pedestrian path means any service area provided for that portion of a public right-of-way which is designed and ordinarily used for pedestrian travel.

Sight visibility triangle means an area free of sight obstructions that generally extends vertically from a point commencing three (3) feet above the pavement elevation, and encompassing the triangular area of property located at a corner formed by the intersection of two (2) or more public rights-of-way, with one (1) side of the triangular area extending one hundred (100) feet in both directions from the point of intersection along the cross street, the other side extending twenty-five (25) feet back from the intersection of the two (2) rights-of-way, and the third side being a line connection the ends of the other two (2) lines. The actual dimensions of the sight visibility triangle may vary based upon the physical characteristics of each intersection and will be determined by the department using accepted traffic engineering standards.

Specified newsrack means a single newsrack kiosk as depicted in Exhibit 1 or a double newsrack kiosk as shown in Exhibit 2. The specified newsrack kiosk shall be painted with four (4) colors as shown in Exhibit 1. That exhibit generally shows that the roof is painted metallic silver, the posts are painted white, the box or container is painted canary yellow, and the trim elements are painted hunter green.

Swale means the area within the public right-of-way between the inside edge of the sidewalk and the outer edge of the pavement of the roadway, and where there is no sidewalk, the area within the public right-of-way between the edge of pavement of any roadway and the private property line.

(Ord. No. 05O-09-185, § 4, 9-26-05)

Note— Exhibits 1 and 2 are not included herein, but are on file and available for inspection in the office of the city clerk.