1977M11- DRIVE-IN THEATERS
ORDINANCE NO. 77-11I- II
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REQUIRING DRIVE-IN THEATERS EXHIBIT~
ING ADULT FILMS PROVIDE A WALL OR FENCE OF
ADEQUATE HEIGHT TO PREVENT PERSONS FROM
OUTSIDE THE THEATER FROM VIEWING THE
SCREEN; PROVIDING FOR PUBLICATION OF THIS
ORDINANCE; ESTABLISHING A PENALTY FOR
VIOLATION OF THIS ORDINANCE; AND CONTAINING
MATTERS PERTINENT TO THE SUBJECT.
* * * * * * * * * * * * * * * * * * * * * *
WHEREAS, the City Council of the City of Schertz,
Texas, has determined that drive-in theaters within the City on
occasion exhibit movies with a theme designed for adult viewers
and that said theaters do not have a wall or fence of adequate
height to prevent persons from outside the theater from view-
ing said films; and
WHEREAS, the City Council has determined that young
persons in the community have accordingly been exposed to view-
ing material not suitable for their age; and
WHEREAS, the City Council desires to present said
adult films from being viewed by young persons within the
community; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
I
That all drive-in movie theaters within the corporate
limits of the City of Schertz, Texas, that exhibit movies that
are rated "X" by the Motion Picture Association of America shall
cause to be erected a wall or fence around said theater of
sufficient height to prevent persons from outside the drive-in
theater from viewing the screen.
II
A violation of this ordinance shall be punished by
a fine not exceeding $200.00. Each day that said "x" rated
movies are exhibited without a wall or fence as required in
Paragraph I hereof shall constitute a separate violation.
III
The City Secretary shall cause this ordinance to be
published in its entirety in the official newspaper of the City
in the form and manner required by law for penal ordinances.
The official newspaper of said City being a weekly newspaper,
publication shall be made in one (I) issue thereof. Proof of
such publication shall be made by the publisher or other
employee of the newspaper by affidavit filed with the City
Secretary and shall be prima facie evidence of such publication
and the promulgation of this ordinance in all Courts of the
state. This ordinance shall take effect and be enforced from
and after the publication hereof as hereinabove provided.
PASSED, ADOPTED AND APPROVED on this, the lst day of
November, 1977.
;,d~ c
Mayor
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C....1:J;~i~_ /
ATTEST:
;
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/ /
\.. "..lA;tJ2.._
C... Y Secretary
kfi IULLJV
,
[SEAL. OF CITY]
PUBLISHER'S AFFIDAVIT
11
The State of Texas
County of Guadalupe }
Before me, the undersigned authority, on this day personally appeared..,.................
....._......................~.....B.,...:ta.t!-!rn.............................___.........., who being duly sworn says that
he (she! is the ......___...................ru.~~~.~?~:r:.................... of ..~~.~...Y!:-.l.l_~r..~~~.~.............,
a weekly newspaper published at ...................~.~~!:l.~.::.............................................., in said
county and state and that ......................................._....~~~~.~.e:..............................................,
a copy of which is hereto attached, was published in said newspaper on ...........................
..................... ..... ..!:l.9.y~!!l.1;J.~r...J.Q.l... J.?7. J... ......_.. ............ .... ........... .... ............. .......... ..................
Subscribed and sworn to before me this the ..............25.t.h................................ day of
............................J.l.O>l_........., 19...7.7..
~ .l mC /1.1.1"':
.......~.~.~................':'.::::::~...
Notary Public in and for
..........!!.\l.gQ!1-J.l,m~.................... County, Texas
7"7-/11-1)
r
ORDINANCE NO. 77.M.l1
AN ORDINANCE
BY THE CITY COUNCIL OF
THE CITY OF SCHERTZ,
TEXAS, REQUIRING DRIVE-
IN THEATERS EXHIBITING
ADULT FILMS PROVIDE A
WALL OR FENCE OF
ADEQUATE HEIGHT TO
PREVENT PERSONS FROM
OUTSIDE THE THEATER
FROM VIEWING THE
SCREEN: PROVIDING FOR
PUBLICATION OF THIS
ORDINANCE: ESTABLISH-
ING A PENALTY FOR
VIOLATION OF THIS OR-
DINANCE; AND CON-
TAINING MATTERS PER.
TlNENT TO THE SUBJECT.
WHEREAS, the City Comcil
of the City of Schertz, Texas,
has determined that drive-in
theaters within the City on
occasion exhibit movies with a
theme designed for adult
viewers and that said theaters
do not have a wali or fence of
adequate height to prevent
persons from outside the
theater from viewing said
films; and
WHEREAS, the City Council
has determined that young
persons in the community have
acc<rdingly been exposed to
viewing material not suitable
for their age; and
WHEREAS, the City Comcil
desires to present said adult
films from being viewed by
young persons within the
community; now, theref<re
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
I
That all drive.in movie
theaters within the corporate
Hmits of the City of Schertz,
Texas, that exbIllit movies that
are rated "X" by tbe Motion
I
Picture AIIoclatioD of America
shall cause to be erected a wall
or fence around said theater of
8Ufficient height to prevent
persons from outside the drive.
in theater from viewing the
screen.
II
A violation of this ordinance
shall be punished by a fine not
exceeding $200.00. Each day
that said "X" rated movies are
exhibited without a wall or
fence as required in Paragraph
I hereof shall constitute a
separate violation.
III
The City Secretary shall
cause this ordinance to be
published in its entirety In tbe
official newspaper of the City in
the form and manner required
by law for penal ordinance. The
official newspaper of said City
being a weekly newspaper,
publication shall be made in
one (1) issue thereof. Proof of
such publication shall be made
by the publisher <r other em-
ployee of the newspaper by
affidavit filed with the City
Secretary and shall be prima
facie evidence of such
publica tion and the
promulgation of this ordinance
In all Courts of the state. 'Ibis
ordinance shall take effect and
be enforced from and after the
publication hereof as
hereinabove provided.
PASSED, ADOPTED AND
APPROVED on this, the 1st day
of November, 1977.
Rober C. Bueker,
Mayor
A Tl'EST:
June G. Krause,
City Secretary
(Ic