§ 102.41. DEFINITIONS.

For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Advertising circular. Any publication that contains only advertising and no news reports.

Auxiliary lane. A turn lane or on-street parking area.

Bike path. That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic.

Controlling entity. The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. The City may be a controlling entity of modular newsracks if it purchases, leases, or lease purchases and maintains or subcontracts out the maintenance of modular newsracks.

Downtown area. The rectangular area bounded generally by the western right-of-way of SW-NW 4th Avenue on the west, the northern right-of-way of NW-NE 2nd Street on the north, the Intracoastal Waterway on the east, and the southern right-of-way of SW-SE 1st Street on the south. In addition, on the east side of the Intracoastal Waterway, Lowry Street on the north, Miramar Street on the south, and the western right-of-way of Ocean Boulevard on the east. Also including N.E. 2nd Avenue from Atlantic Avenue north to N.E. 4th Street.

Intersecting side street. Any roadway or driveway on which traffic is required to stop prior to entering the intersection.

Modular newsrack. A connected grouping of four (4) to eighteen (18) modules placed on a pedestal or platform which is installed as a single unit and used for the display, sale, or distribution of newspapers or other news periodicals or advertising circulars.

Movable fixture. Any newsrack, modular newsrack, bench, or other nonattached fixture.

Newsrack. Any stand alone self-service noncoin-operated or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of a particular newspaper, news periodical, or advertising circular.

Paved surfaces. Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians, including parking areas. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks.

Public agency. The City of Delray Beach, Palm Beach County, the State of Florida, its subdivisions, departments or authorized agents.

Right-of-way. All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, and sidewalks.

Roadway. That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic.

Sidewalk. Any surface within a right-of-way provided for the exclusive or primary use of pedestrians.

(Ord. No. 27-96, passed 8/6/96; Am. Ord. No. 45-98, passed 10/20/98)