§ 78-242. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned means any individual modular newsrack, or compartment of a modular newsrack, that does not contain the newspaper or other publication specified therefor for more than four consecutive days for a daily publication, nine consecutive days for a weekly publication, 16 consecutive days for a biweekly publication, 32 days for a monthly publication, or 64 days for a bimonthly publication.

Compartment means the individual space within a modular newsrack that dispenses at least one newspaper or other publication, including the door, coin return mechanism and associated hardware.

Modular newsrack means a newsrack which is designed with multiple separate enclosed compartments to accommodate at any one time the display, sale, or distribution of multiple distinct and separate newspapers or other publications, and satisfies the specifications contained in section 74-246 of this Code.

Modular newsrack program means a program that requires only modular newsracks to be placed in the city and operated by an approved modular newsrack provider, as approved by the city.

Modular newsrack provider means the person or other legal entity who is authorized under section 78-243 of this Code to place and maintain modular newsracks upon the public right-of-way.

Newspapers and other publications means and includes newspapers, periodicals, advertising circulars, and all other printed materials which may be distributed through the use of newsracks.

Newsrack means any unmanned, self-service or coin-operated box, container, storage unit or other dispenser located in or upon, or projecting onto, into, or over, any part of the public right-of-way, and which is installed, used or maintained for the display, sale, or distribution of newspapers and other publications. Unless the context clearly indicates otherwise, newsrack includes both individual newsracks and modular newsracks.

Owner means the person or other legal entity which owns a newsrack.

Public right-of-way means and includes all highways, streets, alleys, sidewalks, and other real property or easements, which are owned or controlled by the city, county, or state including the areas above and below such easements, and which are reserved or used for pedestrian or vehicular traffic.

Publisher means the person or other legal entity selling, displaying or distributing newspapers or other publications in a newsrack.

Publisher agreement is the document that details the rights and responsibilities between the modular newsrack provider and the publisher using compartments in the modular newsrack.

(Ord. No. 3964-06, § 1, 10-23-2006)

Cross reference

Definitions generally, § 1-2.