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Definitions.

(1) Distributor shall mean the person responsible for placing and maintaining a newsrack in a public right-of-way.

(2) Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other publications.

(3) Nudity means the showing, with less than a fully opaque covering, of the genitals, pubic hair, buttocks, natal cleft, perineum, anus or anal region of any person, other than a child under the age of puberty, or any portion of the breast at or below the areola thereof of any female person, other than a child under the age of puberty, or the depiction of covered male genitals in a discernibly turgid state.

(4) Offensive means that the work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(5) Pictorial Material means any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing.

(6) Parkway means that area between the sidewalks and curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.

(7) Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel.

(8) Sexually Explicit Material means any pictorial material depicting human sexual intercourse, human or animal masturbation, bestiality, oral intercourse, anal intercourse, human-animal intercourse, excretory functions, homosexual acts, direct physical stimulation or touching of unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection. Works of art or of anthropological significance are not included within the definition of this subsection.

(9) Sidewalk means any surface provided for the use of pedestrians.

(10) Street means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

[Added Sec. 1, Ord. No. 5372, Feb. 21, 1985; Amd. Sec. 9, Ord. No. 1999-147, Sep. 17, 1999.]