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(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.)
The electrical system and equipment at every outdoor theater must be insulated by proper elevation or concealed under the ground surface, and all electrical fuses, contact points, outlets and switches must be enclosed and safeguarded by devices and equipment approved by the Director of Permitting Services. Cables in the ground traversed by the public must be placed in trenches or conduits or protected by approved covers. All electrical installations must conform to the requirements of the National Electrical Code, the County electrical code and the County fire prevention code. (Mont. Co. Code 1965, § 75-24; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
When the county council shall find that it is required for the purpose of safeguarding the health, safety and welfare of surrounding residential development, then, in that event, the operator of any drive-in theater shall provide a wall or fence of adequate height to separate the patrons and cars in attendance in the theater from surrounding property. The fence shall be of substantial construction made of wood, metal or masonry and erected solely upon the property used for the outdoor theater proposed, in accordance with the requirements specified by the director, but it shall not be treated as a partition or line fence. The outside of the fence, as far as possible, shall be landscaped with suitable plants and shrubbery to preserve harmony with the appearance of the surrounding property. (Mont. Co. Code 1965, § 75-25.)
No outdoor theater shall be maintained or operated in violation of the following requirements and it shall be unlawful for the owner, operator or manager of any outdoor theater or its agents, servants or employees to violate or permit violation of any such requirements:
(a) Loitering. Loitering shall not be permitted in or about the entrance to or exits from any outdoor theater.
(b) Disturbances. Quiet and good order shall be maintained upon the premises where any outdoor theater is operated.
(c) Advertising pictures, etc. No obscene or immorally suggestive advertising pictures or writing shall be permitted on the premises of any outdoor theater and no picture or other form of advertising shall be permitted which does not accurately describe the theatrical performance or moving picture entertainment being advertised or which misleads or misinforms the public as to the nature of the picture or entertainment to be exhibited.
(d) Hours of operation. No outdoor theater licensee shall permit any show, exhibition or entertainment to remain open to the public between the hours of 12:30 a.m. and 9:00 a.m., except by special permission from the county council.
(e) Minors. No owner, operator or employee of any outdoor theater shall knowingly permit any child under the age of fourteen (14) years to be admitted to any drive-in theater unless accompanied by and directly under the personal charge of his parent or other responsible person.
(f) Lotteries, etc. No owner, operator or employee of any outdoor theater shall maintain, operate or carry on any lottery, game of chance, game of skill, bank night, screeno, luck-o-game or any other game of similar nature or engage in any similar device or plan in connection with the operation of any outdoor theater; except, that this provision shall not be construed to prevent the promotion of good will by gratuitous presentations of gifts or articles of value to patrons selected by lot.
(g) Sanitary facilities. Adequate provision shall be made for sanitary needs of patrons as determined by the state board of health and the department and all other pertinent laws and ordinances.
(h) Dust. The parking and driving areas shall be so treated to prevent the creating of dust, either by chemical treatment or hard surfacing.
(i) Employees. The operator, owner or manager of an outdoor theater shall furnish the necessary employees for adequate policing of the outdoor theater so as to maintain order within the theater and to avoid confusion in the movement of cars in and out thereof.
(j) Exits, etc. Exits, aisles and passageways leading to them shall be kept adequately marked, either by lighting or reflecting lights, at all times when open to the public. (Mont. Co. Code 1965, § 75-26; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 22, § 1.)
Individual loudspeakers for each car shall be provided at all outdoor theaters. No central loudspeaker or public address system shall be permitted to be used between the hours of 8:00 p.m. and 9:00 a.m., except for emergency announcements of impending danger, such as fire, storm or similar dangers. (Mont. Co. Code 1965, § 75-27.)
Cross reference-Noise, ch. 31B.
Soft drinks, food, confections or other articles of merchandise may be sold on the premises of an outdoor theater. Their sale shall be governed by the laws and ordinances pertaining to the sale of such merchandise and shall require the same license as if the sale were conducted elsewhere. (Mont. Co. Code 1965, § 75-28.)
Cross reference-Eating and drinking establishments, ch. 15.
Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than six (6) months. Each day such violation continues shall be deemed a separate offense. In addition, the county may institute injunction, mandamus or other appropriate action or proceedings pursuant to section 2-95 to prevent the violation of this article. (Mont. Co. Code 1965, § 75-29.)
Division 2. License.
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