Evening star., 1947-12-10
Board Regulates
0pen-AirM Movies
In Montgomery
PIeu to Restrict
Pigeon Raising
Is Considered

An ordinance regulating the op-
Grafton of open-air theaters in
Montgomery County today had the
approval of the county commission
ers and will become effective jan
uary 10.
The ordinance was presented to
the board yesterday by James r.
Miller, attorney for a group OF
property owners on the Rockville
pike who oppose a proposal by
Sidney Lust, owner of a chain of
theaters in the Washington area,
to build drive-in theater on or
near the Congressional Airport,
Rockville.
1t was adopted after approximate
ly rs persons, including Mayor G.
Lamar Kelly of Rockville, and
Juvenile Court Judge Alfred D.
Noyes appeared before the commits
sioners to voice opposition to the
project. Mr.. Lust has not yet ap-
piled for a permit from the board.
License Fee Fixed.
The ordinance fixes a $1,000 an
nual license fee and provides, among
other things, that an open-air the
ater must have at least a 1,500-foot
frontage along a public highway,
that no motion pictures shall be
shown after II pm, that no automo-
biles or persons shall be allowed on
the premises after II 80 pm, except
theater employees; that no permit
shall be issued if the commissioners
find there is a traffic hazard, and
that no sounds resulting from the
operation of the theater may be
heard beyond the theater property.
Violators are subject to a maximum
fine Of 500 for each offense.
Both Judge Noyes and Mayor
Kelly charged open-air theaters re-
suit in undesirable conditions"
Judge Noyes said testimony in many
cases before him showed attendance
at an open-air theater was a con-
tributing factor to juvenile deIin-
quency."
The Rev. Virgil Lilly, pastor of
the Rockville Christian Church,
said Montgomery County ministers
unanimously oppose such a project
on the ground that it would be q
"demoralizing influence"
League Opposes Project.
Others opposing the project in
cluded Mrs. Thomas Bartram, rep
resenting the County League Of
Women Voters, and her husband,
who is president of the Luxmanor
Citizens Association.
Mr.. Lust, when informed of the
commissioners action, said he did
not know whether he would apply
for a permit.
A request by Alger Y. Barbee,
Rockville attorney, that the board
amend an ordinance regulating the
raising of pigeons in the suburban
area to prohibit anyone from keep
ing them within 100 feet Of a neigh
boring dwelling was taken under
advisement.
Nuisance Is Charged.
Mr.. Barbee represented a group
|of residents in the $500 block of
|Colesvile road, Silver Spring, who
complained that the raising OF
pigeons near their homes constitutes
nuisance.
Daniel Mularkey, 9512 Colesville
road, said DR.. George N. Schultz
raises pigeons in his garage at s514
Colesville road, only Al feet from
Mr.. Mularkey's home.
Declaring his neighbors are "al-
most solidly" against the keeping
OF pigeons in the area, Mr.. Mularkey
was supported by Mrs. Harold r.
Stroberg, $500 Thornhill road, and
George w. Dove, 9405 Worth avenue.
who said his neighbor's pigeon loft
is only 18 feet from his bedroom
window.
In reply, Arthur Hanson, West
Haven, who represented DR.. Schultz
and himself, said.
The cooling of pigeons is a very
sweet thing"
Hobby Defended.
He said he keeps pigeons at the
home of his father, Elisha Hanson,
9401 Old Georgetown road, Bethesda,
where the loft is about 12O feet
from neighbor's house.
DR.. Schultz, who said he raises
pigeons as hobby, pointed out that
it is a national sport in Belgium,
Before he came to Silver Spring, DR..
Schultz said, he raised pigeons in
Washington and never received any
complaints.
In other business, the board ap-
proved the Police Trial Board rec
ommendation for the retirement of
Detective Capt. Theodore F. Vollten.
on grounds of disability. The retire
ment was made effective December
l. Capt. Vollten will receive $4,000
a year-half his present salary.
The commissioners also authorized
the acquisition of about SO 900 square
feet OF land at 81 a square foot on
Georgia avenue near the Hot Shoppe
Tor use as a public parking lot. If
the property is not used for such a
purpose, it was decided, the land
will be sold back to the owner at
the original price plus improve
ment costs.