Ordinance No. 93-22 CITY OF TIG/ARD
ORDINANCE NO. 43-
AN ORDINANCE AMENDING TITLE 11 OF THE TIGARD MUNICIPAL CODE BY
ADDING CHAPTER 11.10 REGULATING THEATERS
WHEREAS, enclosed viewing booths in theaters constitute a threat j
to the public health and safety by providing the potential for
spread of fire, disease, and criminal activity; and
WHEREAS, the possible construction of enclosed viewing booths in
theaters constitutes an immediate threat of an urgent nature to
the public health and safety; and
WHEREAS, the Tigard Municipal Code does not currently regulate
theaters; and
WHEREAS, the Council wishes to regulate theaters for the protection
of public health and safety; now, therefore,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 11.10 of the Tigard Municipal Code will read
l as follows:
Chapter 11.10
Theater Regulations
sections:
11.10.010 Purpose
11.10.020 Definitions
11.10.030 Regulations
1,x.10.010 Purpose. This section is intended to protect the
public health and safety of the citizens of Tigard through the
regulation of theaters by prohibiting enclosed viewing booths in
order to reduce the potential for spread of fire, disease, and
criminal activity.
11.10.020 Definitions. As used in this chapter, unless the
context otherwise requires, the following definitions shall apply:
(a) "Theater" means any establishment used for the retail
presentation or viewing of motion pictures, films or videotapes of
any type, but shall not include public or private schools,
residences or any other establishment where the principal activity
is not the retail presentation of motion pictures, films or
videotapes of any type.
(b) "Viewing Booth" means any booth, cubicle, room or stall
that is physically separated from other areas by a door, curtain,
partition, drapery or other device or material, and is designed,
C�mer.d e d b y
Mode hnO�ion. C. U)1%4 :�J
intended or used to provide for vie, ng of motion pictures, films
or videotapes in private by one (1 person F "viewing booth" does
not include a theater designed, intended or used to provide for
viewing of motion pictures, films or videotapes by an audience
seated together in a room or auditorium designed or intended for
use by more than one (1) person.
11.10.030 Reaulations, (a) All theaters shall be physically
arranged so that the entire portion of any and all viewing booths
shall be visible from a common area of the premises. Visibility
shall not be blocked or obscured by doors, curtains, partitions,
drapes, or any other device or material whatsoever.
(b) All viewing booths shall be lighted so that the persons
in them are visible from the adjacent common area, but such
lighting shall not be of such intensity as to prevent the viewing
of motion pictures, films, or videotapes.
(c) All theaters shall be required to comply with the
requirements of Section 11.10.030(A) and (B) when any building
permit is issued for the theater.
SECTION 2: The Council finds the potential for spread of fire,
disease, and criminal activity to be inherent in
theaters containing enclosed viewing booths. The
Council further finds the prohibitions set out in
this ordinance to be urgently necessary for the
/ protection of the health and safety of the citizens
1. of Tigard. For these reasons, an emergency is
declared to exist and this ordinance shall be
effective immediately upon its passage and approval
by the Council.
PASSED: By _Vn(M ►MOU S vote of all Council members
present after being read by n ber and title only,
this _17 _ day of CLAACA
' -, ' , 1993.
)ewtherine Wheatley, City ecorder
APPROVED: This / day of 993.
erald R. Edwards, Mayor
Approved as to form: f
� r
CW Attorney
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Date