§ 146-236. 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 refers to a newsbox or newsstand that:

(1)

Has not been used for the storage, distribution or circulation of printed matter for a period of three calendar months or longer;

(2)

Is or was used for a periodical that has ceased publication and contains neither the last issue nor any issue published within the preceding three months;

(3)

Is used for a periodical and does not contain the most recent issue of such periodical and contains no issue that antedates the most recent issue by less than eight chronologically consecutive issues;

(4)

Is used for a periodical published at intervals of a calendar month or less and does not contain the most recent issue and contains no issue that antedates the most recent issue by less than six calendar weeks;

(5)

Is used for a periodical that is issued at regular intervals greater than a calendar month and does not contain the most recent issue and contains no issue that antedates the most recent issue by a period less than 1½ such regular intervals;

(6)

Has held or contained trash or refuse other than its intended printed matter or has been infested by rodents or other vermin for a period of a calendar week or longer;

(7)

Contains printed matter which had become waterlogged but has not been removed for a period of a calendar month or longer; or

(8)

Is operated by the insertion of coins, cash, cards or tokens and has remained inoperable for a period of two calendar weeks or longer.

Enforcement agency means the charter department, officer, commission or board of city government designated in writing by the mayor to act as the enforcement agency for this article in the geographical area of the city where a violation of this article occurs.

Illegally fixed refers to a newsbox or newsstand that has been bolted, chained, nailed, screwed, strapped or otherwise fixed in place by any means:

(1)

To property belonging to the public or a governmental body other than the owner or operator of the newsbox or newsstand in such a fashion that the said property without the other's consent has been pierced, perforated, cut, abraded or otherwise materially altered or damaged in a manner that ordinarily requires the use of tools to repair the alteration or damage; or

(2)

To private property without the owner's consent.

Litterprone refers to a newsbox or newsstand from which printed matter can be shown by the affidavit of a witness to have been blown or removed by wind or another cause other than direct human action at a time other than when a lid or similar containing device was temporarily open for the purpose of removing printed matter.

Newsbox or newsstand means any box, cage, wood, plastic or wire-frame device, structure, vending machine or other movable device used for the vending, distribution or circulation of printed matter and owned and/or operated by a person or persons other than the person or governmental body that owns the public or private immovable property on which the device is located.

Operator means a person who has the legal right to place or replace and/or to fill or stock and/or to collect revenues from the coinbox or similar money receptacle of a newsbox or newsstand.

Printed matter means any newspaper, magazine or other periodical publication, flyer, handbill, brochure, map, advertising sheets, book or booklet containing written, typed or printed words, symbols or graphic matter reproduced by any means for sale, distribution or circulation.

Survey zone means a geographical zone identified and defined by the enforcement agency as an appropriate zone for enforcement action under this article. No survey zone shall consist of less than the entirety of a:

(1)

Public way between its intersections with two other public ways;

(2)

City square or other area of contiguous land bounded by public ways or places on all sides and of the public ways or places around it;

(3)

Public square, plaza, park or other public place; or

(4)

Parcel of private property or public property held in a proprietary capacity.

(Code 1956, § 40B-1)

Cross reference

Definitions generally, § 1-2.