6.28.210 Emergency Removal–Distributors.
(1) In the event a City zoning officer, or the City Police or Fire Departments determine the location or operation of a newsrack constitutes an immediate physical threat to public life, safety or health, the newsrack may be removed by the City immediately without prior notice or a hearing. This provision shall not be enforced in any way related to the content or expression of the material distributed by the newsrack.
(2) In the event of emergency newsrack removal, the City shall immediately contact the distributor’s representative designated pursuant to Subsection 6.28.060 of this Chapter and shall inform the representative of the removal and the reason(s) therefor.
(a) If requested by the representative, the City shall hold an immediate hearing before a Provo City hearing examiner, pursuant to the provisions of Sections 17.02.050 and 17.02.060, Provo City Code, to determine whether or not the removed newsrack constituted an immediate threat to public safety or health. In the event the hearing examiner determines the newsrack did not constitute such an immediate threat, the City shall immediately, at its own expense, replace the newsrack at its location.
(b) In the event no immediate hearing is requested by the distributor’s representative, a hearing shall be held as provided in Chapter 17.02, Provo City Code.