Within five (5) days after acceptance for filing of an application for an outdoor theater license, the applicant shall erect a sign, to be furnished by the county, on the land proposed to be used as an outdoor theater.
Such sign shall be erected by the applicant within ten (10) feet of whatever boundary line of such land abuts the most traveled public road or, if no public road abuts thereon, facing in such manner as may be most readily seen by the public. The bottom of the sign shall be not less than two and one-half (2 1/2) feet from the ground.
The sign furnished by the department shall be of metal, shall have a height and width of not less than two (2) feet by three (3) feet respectively and shall bear conspicuously in lettering in black on a yellow background, not less than four (4) inches in height, the words:
APPLICATION FOR OUTDOOR THEATER PERMIT
ON THIS PROPERTY. Application No. _________________
Date of Hearing _________________
The blanks shall be filled in by inserting the assigned application number and the date set for the public hearing.
If the land sought to be used lies within more than one (1) block as shown on a plat recorded in the land record of the county, then a sign shall be erected by the applicant on the land in each of such blocks.
No sign shall be furnished by the department to the applicant unless the applicant has first delivered to the department a receipt of the director of finance showing payment to the county of a deposit of fifteen dollars ($15.00) for such sign. On return of the sign to the department by the applicant, as hereinafter provided, there shall be repaid to the applicant on order of the department twelve dollars and fifty cents ($12.50) of the amount of such deposit.
If the applicant is a person other than the owner, his attorney, agent or other representative or a person who has contracted with the owner for the purchase of the land, or a person otherwise privy with the owner, and the applicant files an affidavit stating such fact and that the owner is unwilling to permit the posting of any such sign, then posting shall be made in such manner as the department shall direct.
At the hearing it shall be the duty of the applicant to prove by affidavit that he has fully complied with this section and has continuously maintained the sign or other posting up to the time of the hearing.
Any such sign or other posting shall be maintained at all times by the applicant until a decision on the application has been made public by the county council and then shall be removed by the applicant and, in case of a sign furnished by the department, returned by him within five (5) days thereafter.
It shall be unlawful for any person to remove or tamper with such sign during the period it is required to be maintained under this section. (Mont. Co. Code 1965, § 75-32.)