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(a) Removal. In the event that it is determined by the Town that the location or operation of the newsrack constitutes an immediate physical threat to public safety or health, the newsrack may be removed by the Town immediately without any prior notice or hearing. The enforcement of this provision shall not be in any way related to the content or expression of the material distributed by the newsrack.

(b) Notice and hearing. In the event of such an emergency removal, the Town shall immediately contact the publisher or distributor and inform him or her of the removal and the reasons therefor. If requested by the publisher or distributor, the Town shall hold an immediate hearing before the Town Manager to determine whether or not the removed newsrack constituted an immediate threat to the public’s life, safety and health. In the event that the Town Manager determines that the newsrack did not constitute such an immediate threat, the Town shall immediately, at its own expense, replace the newsrack to an authorized location.

(c) Appeal. The publisher or distributor may appeal any decision or order to the Town Council. Any appeal shall be filed in writing within ten (10) days after the decision of the Town Manager and shall specify the basis for the appeal. The Town Council shall consider the appeal based on the written submissions only. (Prior code 12.06.090; Ord. 1288 §1, 2008)