HomeMy WebLinkAboutAmending Chapter 4 Entitled Outdoor Motion Picture TheatersORDINANCE N0.7072 -82
Passed by the Common Council of the City of South Bend,
IRENE K. GAMMON
I
Presented by me to the Mayor of the City of South Bend,
June 29, 1— 82
Approved and signed by
Clerk
of Common Council
IRENE K. GAMMON
Wa
Clerk
BILL NO. 72 -82
ORDINANCE NO. 7072-82
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF
NEW SECTION 4 -40 ENTITLED OUTDOOR MOTION PICTURE
THEATERS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council believes that reasonable
licensing regulations are needed to govern outdoor motion picture
theaters within our City.
The Council further believes that proper screening and
noise control regulations are not only reasonable but necessary in
order to protect the citizens from visual and audible intrusions
which directly affect vehicular safety in the area of outdoor
picture theaters.
The Council believes that this ordinance is in the public
interest and would protect the health, safety and welfare of its
citizens.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana, as follows:
SECTION I. Chapter 4, Article 3, Section 4 -17(c) is
amended to rere —was follows:
(c) Regulated Business
1) Arborist /Tree Service
1b) Carnivals and Circuses
2) Automotive Repair and Service Centers
3) Food Vending Vehicles
4) Hotels /Motels
5) Laundries, Laundries Self- Service, Self- Service
Dry Cleaners
6) Massage Parlors
7) Massage Technicians
8) Open Air Stands
9). Outdoor Motion Picture Theaters
9} Peddlers /Transient Merchants /Canvassers
11 }O)Precious Metals
12)1:1= )Public Parking Facilities
1-2)Restaurants
14)1= i)Restaurants with Live Entertainment /Music
(Class A and Class B. Carbarets)
15)1:4)Rubbish and Garbage Removal
1-5)Scrap Metal Dealers /Transfer Stations /Recycling
Operations /Junk Dealers
7)1=6,)Second Hand Dealers
18)1: })Solicitations, Charitable
19)1=8-)Taxicabs
SECTION II. Chapter 4, Article 5, of the Municipal Code of
the City o So— ut1 Bend, Indiana is amended by the inclusion of new
Section 4 -40 which shall read in its entirety as follows:
4 -40 Outdoor Motion Picture Theaters
(a) Legislative Findings.
(1) The South Bend Common Council hereby finds that
there is a need to develop licensing procedures
for the regulation of outdoor motion picture
theaters which have previously remained un-
regulated at the local level.
(2) The Common Council declares that the following
licensing procedures are established for the
purpose of protecting the public health, safety,
and welfare of the community, and more
particularly to protect the citizens from visual
and audible intrusions which directly affect
vehicular safety in the area of such outdoor
motion picture theaters.
(b) DEFINITION:
Outdoor motion picture theaters shall
include every place where motion pictures are
exhibited to the public and which is not enclosed
within a building constructed and equipped in
accordance with the building regulations governing
structures used for such purposes as contained
in the Municipal Code of the City of South Bend.
(c) LICENSE REQUIRED:
It shall be unlawful t
motion picture theater
license from the City
(d) APPLICATION PROCEDURE:
o conduct or operate an outdoor
without first obtaining a
Controller's Office.
(1) Each applicant for a license under this Section
shall procure from the City Controller's Office
an application for such license.
(2) Each applicant shall furnish the following in-
formation:
a. legal name of applicant and position;
b. present address and telephone number of the
applicant;
C. street address and name of the proposed Out-
door Motion Picture Theater;
d. zoning of proposed site;
e. motor vehicle capacity;
f. hours of operation;
g. listing of other businesses to be operated in
conjunction with the Outdoor Motion Picture
Theater at the proposed site; and
h. date of issuance and license number of any
license issued by the City for food sales.
(3) Each completed application for a license under
this section shall be accompanied by a site plan,
drawing, or diagram showing the location and the
layout of the proposed Outdoor Motion Picture
Theater.
(4) Upon filing of a completed application, the same
shall be referred to the following agencies for
their review and recommendations:
a. To the Police Department for a background
check, and noise and screening checks.
b. To the Legal Department for verification of
zoning, set back requirements, parking, and
controlled use regulations.
-2-
C. To the Fire Department for fire pre-
vention checks.
d. To the Director of Public Works for
ingress and egress checks.
(e) LICENSE FEE:
If the applicant meets the requirements of this Code,
the Controller shall issue a license upon payment of
an annual fee of One Hundred Fifty Dollars ($150.00).
(f) ZONING RESTRICTIONS:
(1) No license shall be issued to any proposed Out-
door Motion Picture Theater for a location
within one thousand (1,000) feet of any of the
following zoning use districts as defined by the
zoning chapter of this Code:
(A) "A" Residence District
(B) "A -1" Residence District
(C) "A -2" Planned Residential Development
District
(D) "A -3" High Priority Residential Office and'
Professional District
(E) "B" Residence District
(F) "B -1" Residence District
(g) REGULATIONS:
All Outdoor Motion Picture Theaters shall be governed
by the following regulations:
(1) The screen of an outdoor Motion Picture Theater
shall be of such height and angle so that the
picture on the screen(s) is not visible from any
public highway, right -of -way, street or alley; or
the perimeter of an Outdoor Motion Picture
Theater shall be screened with a continuous and
uniform visual screen consisting of a densely
planted compact hedge or evergreens, or wall
or opaque fence of such a height so that the
picture on the screen(s) is not visible from
any public highway, right -of -way, street or alley.
(2) Signs shall be maintained indicating the direction
of travel of vehicles on the premises. Entrance
and egress shall be provided at separate entrances
and exists, and at such distances from one another
to minimize traffic congestion. Such entrance and
egress locations must be approved by the Director
of the Department of Public Works; and
(3) The volume of the motion picture sound shall not
exceed 64 DBA as measured fifteen (15) feet
from the perimeter of said Outdoor Motion
Picture Theater as set forth in the Noise
Control Article of this Code; and
(4) All applicable health, fire, and building
standards of this Code.
-3-
(h) PUBLIC NUISANCE
Any motion picture sound determined to be in excess of
the standards set forth in this Article, or any film
which can be viewed from any public highway, right -of-
way, street or alley shall be deemed a public nuisance.
The City Attorney's office shall be charged with
abating such public nuisances. Such nuisances are
deemed to have an adverse affect upon the vehicular
safety of motorists traveling within view or hearing of
such Outdoor Motion Pictures.
(i) PENALTIES
Any person who violates any provision of this Article
shall be subject to the provisions of Section 4 -15
of this Code, and may additionally be fined not less
than Five Hundred Dollars ($500.00), no more than
Two Thousand Five Hundred Dollars ($2,500.00), upon
conviction. The violation of any provision of this
Section shall constitute a separate offense for each
day such violation may exist.
SECTION III. This Ordinance shall be in full force and
effect from alter its passage by the Common Council, approval by
the Mayor, and legal publication.
Passed, as amended, June 28, 1982
t
Mem er o t e Common Coun
Q2
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.
Page 2.
Commi t tmen
I am calling upon members of the public to voice their concerns.
I welcome such public input as well as constructive critisim which
would further strengthen and improve the Bill as presently drafted.
Unless you have a starting point, you cannot go forward and grapple
with issues which concern our citizens.
Hopefully by; working together, we can balance the delicate
constitutional issues involved as well as protect the privacy of persons
in their homes and businesses from visual and audible intrusions
which are being forced upon them.
I seek your input and support.
Si Orel
cy,
Lewis A. McGann, President