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As used in this Article, the following words and phrases have the following meanings:
Commission. The Maryland-National Capital Park and Planning Commission.
Department. The Department of Health and Human Services.
Director. The Director of the Department of Health and Human Services or the Director's designee.
Drive-in theater. Any premises in which motion pictures are projected upon a screen which are viewed by patrons seated in automobiles or other outdoor stationary seats and for which an admission is charged, but not to be considered as an opera house.
Outdoor theater. Same as drive-in theater. (Mont. Co. Code 1965, § 75-18; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1; 1995 L.M.C., ch. 13, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
The director is hereby charged with the responsibility for the administration and enforcement of the provisions of this article under the direction of the county executive. (Mont. Co. Code 1965, § 75-19; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1.)
The director, the county fire marshal, the superintendent of police or any of their authorized representatives shall have the right of entry upon the premises of any outdoor theater grounds, buildings or houses, for the purposes of enforcing this article. (Mont. Co. Code 1965, § 75-20; 1972 L.M.C., ch. 16, §§ 5, 13.)
In addition to the requirements of the applicable laws of the county and the state pertaining to outdoor theaters, the following requirements shall also be met in order to promote the health, safety and welfare of the county, and prior to the issuance of a license by the council:
(a) Ticket gates. One (1) ticket gate shall be provided for each three-hundred-car capacity theater, two (2) gates for six-hundred-car capacity, three (3) gates for eight hundred (800) cars and four (4) gates for one thousand (1,000) cars. A ticket gate which serves two (2) lanes of traffic shall be considered as two (2) ticket gates.
(b) Entrances and exits.
(1) Exits to a street or road from an outdoor theater shall be so arranged that lines of incoming and outgoing travel do not cross.
(2) At no point in the exit travel of any car shall the width of driveway be less than necessary to accommodate two (2) cars abreast of each other, unless the public road is not able to accommodate this volume of traffic, in which event the exit lane shall be the width prescribed by the director.
(3) Except when backing from the parked position, it shall not be necessary for any car to travel in reverse to reach an exit.
(4) All exit and entrance drives shall be surfaced so as to be resistant to erosion as determined by the director.
(5) The path of exit travel from each row of cars shall be plainly marked by directional lights or signs which shall be clearly visible at night to the drivers.
(6) The view of the entrance shall not be obstructed.
(7) A theater marquee will be permitted at the entrance, but it shall not be higher than thirty-five (35) feet nor wider than eighty (80) feet.
(8) Entrances shall not be used for exits.
(9) All entrances and exit service drives shall be constructed soas to accommodate at least thirty (30) percent of the capacity of the theater. A minimum capacity of one hundred (100) cars or ten (10) percent of the theater capacity, whichever is greater, shall be provided for at the entrance drive, between the ticket gates and the public highway, to provide ample stack up space for patrons waiting to purchase tickets.
(c) Disposition of cars.
(1) There shall be a minimum separation of thirty-eight (38) feet between the line of speaker post in one (1) row or ramp and the line of speaker post in the adjacent row or ramps.
(2) The distance between the first row of cars or seats and the screen shall exceed the height of the screen structure by at least twenty (20) feet.
(d) Screen and screen structure.
(1) The screen shall be of incombustible materials. Its supporting structure shall be of incombustible materials or of heavy timber construction protected by an enclosure of incombustible materials.
(2) The screen and its supporting structure shall be designed to withstand a wind pressure of at least twenty-five (25) pounds per square foot.
(3) The picture screen shall be placed so that not more than twenty (20) percent of its area can be seen from the public highway within one-fifth of one (1) mile of the screen and shall be set back from the most traveled public highway a distance not less than one hundred fifty (150) percent of the screen tower height.
(e) Motion picture film and projection booth. The construction of the motion picture projection booth and the storage, use and handling of motion picture film shall be in accordance with the county fire prevention code and the county building code.
(f) Where permanent stationary seats are provided for patrons.
(1) Seats of any kind shall only be permitted in areas where cars may not be driven.
(2) Where permanent seats are provided for the use of patrons, the seats shall be installed in compliance with the county fire prevention code and the county building code.
(g) Fire extinguishers. Approved class B-1, C-1 extinguishers in case a parked car catches fire. Attendants shall be instructed in their use.
(h) Advertising on billboards. If the premises is enclosed, advertising on billboards enclosing the premises is prohibited. (Mont. Co. Code 1965, § 75-21.)
The following area and capacity requirements shall be met at each outdoor theater, depending on the size of the theater:
(a) For each five-hundred-car capacity, six and one-half (6 1/2) acres shall be required; for each one-thousand-car capacity, twelve and one-half (12 1/2) acres shall be required, plus ten (10) acres for each additional five hundred (500) cars; for any theater of less
than five hundred (500) cars, six and one-half (6 1/2) acres shall be required; for any number of cars between five hundred (500) and one thousand (1,000), one and three-tenths (1.3) acres shall be required per one hundred (100) cars.
(b) The number of cars, ramps and distances shall be according to the following table:
Capacity | Number of Ramps | Distance from Screen to Rear of Last Drive |
500 cars | 10 | 510 feet |
586 cars | 11 | 548 feet |
670 cars | 12 | 586 feet |
778 cars | 13 | 624 feet |
886 cars | 14 | 662 feet |
1,000 cars | 15 | 700 feet |
(Mont. Co. Code 1965, § 75-22.)
(a) Grade requirements. The grade at each outdoor theater shall be fairly level, either sloping toward the screen, away from the screen, toward the center of the area, or from center to each side. If the grade is toward the center, adequate drains shall be provided to carry away the water. The grade shall be no greater than three (3) feet to five (5) feet per one hundred (100) feet horizontal, unless the building inspector shall waive this requirement due to the terrain.
(b) Screen tower. The soil pressure or impressions at the screen tower at an outdoor theater shall conform to the following pressure test. Permissible pressure for various soils is:
Bedrock, twenty thousand (20,000) pounds per square foot
Stiff gravel, six thousand (6,000) pounds per square foot
Hard dry clay, four thousand (4,000) pounds per square foot
Soft wet clay, three thousand (3,000) pounds per square foot
Soft wet sand, three thousand (3,000) pounds per square foot
Quicksand, one thousand (1,000) pounds per square foot
Wet mulch, five hundred (500) pounds per square foot.
All screen tower plans shall be submitted to the director for approval before construction. The engineer's or architect's description of conditions and the structural specifications for meeting them shall cover soil pressure, foundation and anchorage as well as the structural resistance of the tower itself. The screen tower shall be enclosed so that none of the internal beams or supports are visible.
(c) Lighting facilities. Access drives shall have sufficient light to give proper directions. Lights which reflect onto the highway or into any building shall be shielded as prescribed by the director. (Mont. Co. Code 1965, § 75-23.)
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