Amending Chapter 4 Entitled Outdoor Motion Picture Theaters

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LEWIS A. McGANN President JOSEPH T. SERGE Vice President JOHN VOORDE Chairman, Committee of the Whole JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District BEVERLIE J. BECK Third District LEWIS A. McGANN Fourth District ROBERT G. TAYLOR Fifth District RAYMOND C. ZIELINSKI Sixth District BEVERLY D. CRONE At Large RICHARD C. DOMBROWSKI At Large JOHN VOORDE At Large KATHLEEN CEKANSKI FARRAND Council Attorney CITE' ®f SOUTH BEND COMMON COUNCIL 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 June 23, 1982 South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Councilmen: AREA 219 284 -9321 I am introducing the attached Bill which would require outdoor motion picture theaters to be licensed by the City. We are all well aware of the public outcry recently heard about the movies being seen and heard by both paying and non - paying patrons in our City. For elected public officials to either ignore such public concern, or to hear it and look the other way, is most unfortunate. Only by open and public discussions of such critical issues can a solution ever be achieved. This is why I am introducing my Bill. Many persons do not want to confront this issue because of the "constitutional overtones" which may be involved. However, I would say to them,as the judges said in the case of Cactus Corporation v. State of Arizona, 14 Ariz. App. 38, 480 P2nd 375, 379 (1971): A drive -in theatre is capable of imposing its pictures upon persons without their consent. If the owner of land can be prohibited from polluting the community with noxious smoke and unpleasant odors, we conceive of no reason why he cannot be prohibited from polluting the neighborhood with visual material harmful to children.... This Bill would require all outdoor motion picture theaters to meet the same licensing standards. All such businesses would have to meet rigid but reasonable noise and visual regulations.