Division 1. Generally.
Montgomery County, Md., Code § 4-17 (2026)
Sec. 4-17. Short title.LinkCopy Citation
This article may be cited as the "outdoor theater ordinance."
Montgomery County, Md., Code § 4-18 (2026)
Sec. 4-18. Definitions.LinkCopy Citation
As used in this Article, the following words and phrases have the following meanings:
Commission. The Maryland-National Capital Park and Planning Commission.
Department. The Department of Health and Human Services.
Director. The Director of the Department of Health and Human Services or the Director's designee.
Drive-in theater. Any premises in which motion pictures are projected upon a screen which are viewed by patrons seated in automobiles or other outdoor stationary seats and for which an admission is charged, but not to be considered as an opera house.
Outdoor theater. Same as drive-in theater.
Montgomery County, Md., Code § 4-19 (2026)
Sec. 4-19. Administration and enforcement of article--Generally.LinkCopy Citation
The director is hereby charged with the responsibility for the administration and enforcement of the provisions of this article under the direction of the county executive.
Montgomery County, Md., Code § 4-20 (2026)
Sec. 4-20. Same-Right of entry.LinkCopy Citation
The director, the county fire marshal, the superintendent of police or any of their authorized representatives shall have the right of entry upon the premises of any outdoor theater grounds, buildings or houses, for the purposes of enforcing this article.
Montgomery County, Md., Code § 4-21 (2026)
Sec. 4-21. Requirements as to gates, entrances and exits, screens, etc.LinkCopy Citation
In addition to the requirements of the applicable laws of the county and the state pertaining to outdoor theaters, the following requirements shall also be met in order to promote the health, safety and welfare of the county, and prior to the issuance of a license by the council:
(a)
Ticket gates. One (1) ticket gate shall be provided for each three-hundred-car capacity theater, two (2) gates for six-hundred-car capacity, three (3) gates for eight hundred (800) cars and four (4) gates for one thousand (1,000) cars. A ticket gate which serves two (2) lanes of traffic shall be considered as two (2) ticket gates.
(b)
Entrances and exits.
(1)
Exits to a street or road from an outdoor theater shall be so arranged that lines of incoming and outgoing travel do not cross.
(2)
At no point in the exit travel of any car shall the width of driveway be less than necessary to accommodate two (2) cars abreast of each other, unless the public road is not able to accommodate this volume of traffic, in which event the exit lane shall be the width prescribed by the director.
(3)
Except when backing from the parked position, it shall not be necessary for any car to travel in reverse to reach an exit.
(4)
All exit and entrance drives shall be surfaced so as to be resistant to erosion as determined by the director.
(5)
The path of exit travel from each row of cars shall be plainly marked by directional lights or signs which shall be clearly visible at night to the drivers.
(6)
The view of the entrance shall not be obstructed.
(7)
A theater marquee will be permitted at the entrance, but it shall not be higher than thirty-five (35) feet nor wider than eighty (80) feet.
(8)
Entrances shall not be used for exits.
(9)
All entrances and exit service drives shall be constructed soas to accommodate at least thirty (30) percent of the capacity of the theater. A minimum capacity of one hundred (100) cars or ten (10) percent of the theater capacity, whichever is greater, shall be provided for at the entrance drive, between the ticket gates and the public highway, to provide ample stack up space for patrons waiting to purchase tickets.
(c)
Disposition of cars.
(1)
There shall be a minimum separation of thirty-eight (38) feet between the line of speaker post in one (1) row or ramp and the line of speaker post in the adjacent row or ramps.
(2)
The distance between the first row of cars or seats and the screen shall exceed the height of the screen structure by at least twenty (20) feet.
(d)
Screen and screen structure.
(1)
The screen shall be of incombustible materials. Its supporting structure shall be of incombustible materials or of heavy timber construction protected by an enclosure of incombustible materials.
(2)
The screen and its supporting structure shall be designed to withstand a wind pressure of at least twenty-five (25) pounds per square foot.
(3)
The picture screen shall be placed so that not more than twenty (20) percent of its area can be seen from the public highway within one-fifth of one (1) mile of the screen and shall be set back from the most traveled public highway a distance not less than one hundred fifty (150) percent of the screen tower height.
(e)
Motion picture film and projection booth. The construction of the motion picture projection booth and the storage, use and handling of motion picture film shall be in accordance with the county fire prevention code and the county building code.
(f)
Where permanent stationary seats are provided for patrons.
(1)
Seats of any kind shall only be permitted in areas where cars may not be driven.
(2)
Where permanent seats are provided for the use of patrons, the seats shall be installed in compliance with the county fire prevention code and the county building code.
(g)
Fire extinguishers. Approved class B-1, C-1 extinguishers in case a parked car catches fire. Attendants shall be instructed in their use.
(h)
Advertising on billboards. If the premises is enclosed, advertising on billboards enclosing the premises is prohibited.
Montgomery County, Md., Code § 4-22 (2026)
Sec. 4-22. Area and capacity requirements.LinkCopy Citation
The following area and capacity requirements shall be met at each outdoor theater, depending on the size of the theater:
(a)
For each five-hundred-car capacity, six and one-half (6 1/2) acres shall be required; for each one-thousand-car capacity, twelve and one-half (12 1/2) acres shall be required, plus ten (10) acres for each additional five hundred (500) cars; for any theater of less
than five hundred (500) cars, six and one-half (6 1/2) acres shall be required; for any number of cars between five hundred (500) and one thousand (1,000), one and three-tenths (1.3) acres shall be required per one hundred (100) cars.
(b)
The number of cars, ramps and distances shall be according to the following table:
Capacity | Number of Ramps | Distance from Screen to Rear of Last Drive
500 cars | 10 | 510 feet
586 cars | 11 | 548 feet
670 cars | 12 | 586 feet
778 cars | 13 | 624 feet
886 cars | 14 | 662 feet
1,000 cars | 15 | 700 feet
Montgomery County, Md., Code § 4-23 (2026)
Sec. 4-23. Grade requirements; screen tower; lighting.LinkCopy Citation
(a)
Grade requirements. The grade at each outdoor theater shall be fairly level, either sloping toward the screen, away from the screen, toward the center of the area, or from center to each side. If the grade is toward the center, adequate drains shall be provided to carry away the water. The grade shall be no greater than three (3) feet to five (5) feet per one hundred (100) feet horizontal, unless the building inspector shall waive this requirement due to the terrain.
(b)
Screen tower. The soil pressure or impressions at the screen tower at an outdoor theater shall conform to the following pressure test. Permissible pressure for various soils is:
Bedrock, twenty thousand (20,000) pounds per square foot
Stiff gravel, six thousand (6,000) pounds per square foot
Hard dry clay, four thousand (4,000) pounds per square foot
Soft wet clay, three thousand (3,000) pounds per square foot
Soft wet sand, three thousand (3,000) pounds per square foot
Quicksand, one thousand (1,000) pounds per square foot
Wet mulch, five hundred (500) pounds per square foot.
All screen tower plans shall be submitted to the director for approval before construction. The engineer's or architect's description of conditions and the structural specifications for meeting them shall cover soil pressure, foundation and anchorage as well as the structural resistance of the tower itself. The screen tower shall be enclosed so that none of the internal beams or supports are visible.
(c)
Lighting facilities. Access drives shall have sufficient light to give proper directions. Lights which reflect onto the highway or into any building shall be shielded as prescribed by the director.
Montgomery County, Md., Code § 4-24 (2026)
Sec. 4-24. Electrical system and equipment.LinkCopy Citation
The electrical system and equipment at every outdoor theater must be insulated by proper elevation or concealed under the ground surface, and all electrical fuses, contact points, outlets and switches must be enclosed and safeguarded by devices and equipment approved by the Director of Permitting Services. Cables in the ground traversed by the public must be placed in trenches or conduits or protected by approved covers. All electrical installations must conform to the requirements of the National Electrical Code, the County electrical code and the County fire prevention code.
Montgomery County, Md., Code § 4-25 (2026)
Sec. 4-25. Enclosures.LinkCopy Citation
When the county council shall find that it is required for the purpose of safeguarding the health, safety and welfare of surrounding residential development, then, in that event, the operator of any drive-in theater shall provide a wall or fence of adequate height to separate the patrons and cars in attendance in the theater from surrounding property. The fence shall be of substantial construction made of wood, metal or masonry and erected solely upon the property used for the outdoor theater proposed, in accordance with the requirements specified by the director, but it shall not be treated as a partition or line fence. The outside of the fence, as far as possible, shall be landscaped with suitable plants and shrubbery to preserve harmony with the appearance of the surrounding property.
Montgomery County, Md., Code § 4-26 (2026)
Sec. 4-26. Operating regulations generally.LinkCopy Citation
No outdoor theater shall be maintained or operated in violation of the following requirements and it shall be unlawful for the owner, operator or manager of any outdoor theater or its agents, servants or employees to violate or permit violation of any such requirements:
(a)
Loitering. Loitering shall not be permitted in or about the entrance to or exits from any outdoor theater.
(b)
Disturbances. Quiet and good order shall be maintained upon the premises where any outdoor theater is operated.
(c)
Advertising pictures, etc. No obscene or immorally suggestive advertising pictures or writing shall be permitted on the premises of any outdoor theater and no picture or other form of advertising shall be permitted which does not accurately describe the theatrical performance or moving picture entertainment being advertised or which misleads or misinforms the public as to the nature of the picture or entertainment to be exhibited.
(d)
Hours of operation. No outdoor theater licensee shall permit any show, exhibition or entertainment to remain open to the public between the hours of 12:30 a.m. and 9:00 a.m., except by special permission from the county council.
(e)
Minors. No owner, operator or employee of any outdoor theater shall knowingly permit any child under the age of fourteen (14) years to be admitted to any drive-in theater unless accompanied by and directly under the personal charge of his parent or other responsible person.
(f)
Lotteries, etc. No owner, operator or employee of any outdoor theater shall maintain, operate or carry on any lottery, game of chance, game of skill, bank night, screeno, luck-o-game or any other game of similar nature or engage in any similar device or plan in connection with the operation of any outdoor theater; except, that this provision shall not be construed to prevent the promotion of good will by gratuitous presentations of gifts or articles of value to patrons selected by lot.
(g)
Sanitary facilities. Adequate provision shall be made for sanitary needs of patrons as determined by the state board of health and the department and all other pertinent laws and ordinances.
(h)
Dust. The parking and driving areas shall be so treated to prevent the creating of dust, either by chemical treatment or hard surfacing.
(i)
Employees. The operator, owner or manager of an outdoor theater shall furnish the necessary employees for adequate policing of the outdoor theater so as to maintain order within the theater and to avoid confusion in the movement of cars in and out thereof.
(j)
Exits, etc. Exits, aisles and passageways leading to them shall be kept adequately marked, either by lighting or reflecting lights, at all times when open to the public.
Montgomery County, Md., Code § 4-27 (2026)
Sec. 4-27. Loudspeakers.LinkCopy Citation
Individual loudspeakers for each car shall be provided at all outdoor theaters. No central loudspeaker or public address system shall be permitted to be used between the hours of 8:00 p.m. and 9:00 a.m., except for emergency announcements of impending danger, such as fire, storm or similar dangers.
Montgomery County, Md., Code § 4-28 (2026)
Sec. 4-28. Sale of drinks, food, etc.LinkCopy Citation
Soft drinks, food, confections or other articles of merchandise may be sold on the premises of an outdoor theater. Their sale shall be governed by the laws and ordinances pertaining to the sale of such merchandise and shall require the same license as if the sale were conducted elsewhere.
Montgomery County, Md., Code § 4-29 (2026)
Sec. 4-29. Violations of article.LinkCopy Citation
Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than six (6) months. Each day such violation continues shall be deemed a separate offense. In addition, the county may institute injunction, mandamus or other appropriate action or proceedings pursuant to section 2-95 to prevent the violation of this article.