A. Removal: If a city zoning inspector or the city police or fire department(s) determines that an artist's use of available city property or any display placed thereon constitutes an immediate physical threat to public life, safety, or health, the offending display may be removed by the city immediately, without any prior notice or hearing. This provision shall not be enforced in any way related to the content or expression of the material displayed, distributed, or performed by the artist.
B. Notice And Hearing: In the event of such an emergency removal the city shall immediately contact the artist, if known. The city shall inform the artist or the artist's representative of the removal and the reason(s) therefor. If requested by the artist, the city shall hold an expedited hearing before the city's property manager to determine whether or not the removed display constituted an immediate threat to the public's life, safety, or health. If the city's property manager determines that the display did not constitute such an immediate threat, the city shall forthwith, at its own expense, replace the display at its location.
C. Appeal: The artist or the artist's representative may appeal any decision or order by filing with the mayor a written notice of appeal. Any such notice of appeal shall be filed in writing within five (5) days of the removal decision and shall specify the basis for the appeal. The mayor or his/her designee may consider the appeal based on the written submissions, or may, for good cause shown, also hear oral evidence and argument. Any appeal shall be decided by the mayor or his/her designee within two (2) business days. (Ord. 25-04 § 1, 2004)