For the purpose of the provisions of this chapter concerning newsracks on public rights-of-way, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended:
"Beach/Crescent Architectural Overlay Zone"means those CG (Commercial General) and CO (Commercial Office) zoned properties located south of Crescent Avenue to the Buena Park/Anaheim city boundary, between Grand Avenue and Locust Drive.
"Block"means that public right-of-way abutting on one side of a street and lying between the two nearest intersecting streets or between the nearest intersection street and its own termination.
"City-approved newsrack model"means the standard K-Jack Engineering Company model series 50, or an equivalent model approved by the director, painted a color equivalent to K-Jack Engineering Company "Mack Truck Green" for the Entertainment Corridor Specific Plan ("ECSP"), Beach/Crescent Architectural Overlay (BCAO) zone, and any property located on Beach Boulevard; and the K-Jack Engineering Company freestanding model series KJ100, or an equivalent model approved by the director, painted a color equivalent to K-Jack Engineering Company "Mack Truck Green" for each location outside of the ECSP, BCAO zone and Beach Boulevard Corridor boundaries.
"Curb"means the raised edge adjacent to roadway between the sidewalk and the roadway located within public right-of-way.
"Daily publication"means a publication that is published on five or more days per calendar week.
"Department"means the community development department of the city.
"Director"means the community development director of the city or the director's designee.
"Driveway approach"means the portion of public right-of-way, including curb returns or depressed curbs, providing vehicular access to a private roadway, building or other facility.
"Entertainment corridor"means those properties zoned Entertainment Corridor Specific Plan (ECSP) or Amusement Resort (AR).
"Explicit sexual acts"means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or any other act of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.
"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 publication.
"Owner"means the person to whom a newsrack permit is issued. For purposes of this chapter, "owner" shall be synonymous with permittee.
"Parkway"means that area between the sidewalk 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.
"Pre-existing publications"means publications that on November 7, 2001, were located in newsracks that complied with the newsrack location and placement standards set forth in the Buena Park Municipal Code as such standards existed immediately prior to the effective date of the ordinance codified in this chapter.
"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, intersection, parkway, highway, alley, lane, mail, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square or any similar public way.
"Roadway"means that portion of a street improved, designed or ordinarily used for vehicular travel.
"Sidewalk"means any surface provided for the use of pedestrians.
"Street"means the same as in California Vehicle Code Section
590 or any successor provision thereto.
"Weekly publication"means a publication that is published between one and four days per calendar week.
(Ord. 1310 § 2, 1994; Ord. 1419 § 2, 2002)