Vallejo Municipal Code Ch. 7.92 Drive-in Theaters

The city council does hereby find and determine that:

A. There has been a continuing assault on the sensibilities and privacy of its citizens by the presentation of material offensive to some at drive-in motion picture theaters, an nearby screens which are visible from the areas where they desire to attend; and

B. The presentation of material on drive-in motion picture theater screens invades the privacy and assaults the sensibilities of residents and occupants an private residential properties, when such screens are visible from said private residential properties; and

C. The visibility from public roads and highways of material on the screens of drive-in motion picture theaters is a hazard to traffic and a distraction to motor vehicle operators; and

D. The above-described conditions are adverse to the public peace, morals and good order, and that it is in the best interest of the public safety, welfare and convenience of the city to restrict the visibility of drive-in motion picture theater presentations to those who desire to view them and have been admitted for such purpose.

(Ord. 219 N.C. (2d) § 1 (part), 1974.)

A. "Adjacent screen" is a screen in a drive-in theater that is located an the same parcel of land or on a contiguous parcel to the primes screen.

B. "Drive-in theater" is a place where motion pictures are presented outdoors to an audience who views the presentations while in automobiles or other motor vehicles.

C. "Presentation" is any material projected upon the screen of a drive-in theater.

D. "Primary screen" is the screen upon which is shown the program the viewer was admitted to see, and which is visible through the windshield of the viewer's automobile when parked in a designated space in a drive-in theater.

E. "Screen" is any surface in a drive-in theater whereon a picture or any other medium of expression is projected far the viewing of an audience.

(Ord. 219 N.C. (2d) § 1 (part), 1974.)

A. It is unlawful for the owner, operator, lessee, tenant or other person possessing or occupying a drive-in theater in the city to show presentations on an adjacent screen where such presentations are visible to the viewers of any primacy screen when they are parked in spaces designated for viewing said primary screen.

B. It is unlawful for the owner, operator, lessee, tenant or other person possessing or occupying a drive-in theater in the city to show presentations which are visible to motorists traveling an any public street or highway within one thousand yards of said drive-in theater.

C. It is unlawful for the owner, operator, lessee, tenant or other arson possessing or occupying a drive-in theater in the city to show any presentation which is visible from any window of any private residence, or from the grounds thereof, within one thousand yards of said drive-in theater.

D. Every violation of subsections (A), (B) or (C) is a public nuisance, and may be abated as such in the manner provided for in this code and in the applicable state law.

(Ord. 219 N.C. (2d) § 1 (part), 1974.)

Nothing in this chapter shall be construed as limiting the right of an owner, operator, lessee, tenant or other person possessing or occupying a drive-in theater in the city to show otherwise lawful presentations in such a manner as not to conflict with the provisions of this chapter.

(Ord. 219 N.C. (2d) § 1 (part), 1974.)