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For the purposes of this chapter, the following terms shall have the following definitions:

A. "Bus stop" means the horizontal length of red curb area marked for use by AC Transit or University of California buses.

B. "Downtown area" means the area encompassed by the "Berkeley Downtown Plan," as shown in Exhibit A, as well as the block bounded by Hearst Street, Berkeley Way, Shattuck Avenue and Oxford Street, and the parking lot on Berkeley Way between Shattuck Avenue and Milvia Street.

C. "Entryway to the downtown Berkeley Bay Area Rapid Transit District (BART) Station" means the ground level locations where pedestrians use stairs, escalators or elevators for access to and from the underground BART station.

D. "Multi-unit newsrack" means any assembly of two or more similar boxes, containers, storage units or other dispensers for newspapers, news periodicals or other publications when such assembly is mechanically or structurally fastened together rigidly so as to function as a group. It shall include such assemblies attached to or mounted onto a solid base, pedestal or platform which is constructed for the purpose and which is physically connected to or structurally part of the sidewalk paving area.

E. "Newsrack" means any self-service or coin operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale or distribution without charge of newspapers, news periodicals or other publications, including both freestanding units and individual units within "multi-unit newsracks." Except when the context and usage indicate otherwise, "newsrack" refers to the entire dispenser.

F. "Owner" means the owner of a newsrack, or such other person or entity who has control and responsibility therefor.

G. "Pedestrian" means and includes persons in wheelchairs.

H. "Public right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved and dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes whether or not said land has been improved or accepted for maintenance by the City. "Public right-of-way" includes but is not limited to, streets, roadways, planter strips and sidewalks.

I. "Sidewalk" means any surface provided for the exclusive or primary use of pedestrians.

J. "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, planter strips, and sidewalks.

K. "Vehicular traffic" means and includes bicycles. (Ord. 6326-NS § 1 (part), 1996)

Exhibit A