REGULAR MEETING
February 8th, 1937
MAYOR AND NEWLY ELECTED COUNCIL MEMBERS SWORN IN
J. Wallace Woodford was sworn in as Mayor of the City of Dover for the year 1937. Newly elected members, Messrs. Downes, Millman, Frear and Hinkle, were sworn in to act as Councilmen for their respective districts for the years 1937-38.
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The regular meeting of he City Council of the City of Dover was held on the 8th day of February, 1937. The meeting was called to order by mayor Woodford and on roll call the following members answered present: Messrs. LeFevre, Downes, Keith, Millman, Frear, Burton, Hinkle and Vane.
MINUTES
Upon motion of Messrs. Burton and Keith, the reading of the minutes of the last regular meeting was dispensed with.
ORGANIZATIONS
Upon motion of Messrs. Keith and Frear, Joseph O. Willis was appointed to act as City Clerk for the year 1937.
Upon motion of Messrs. Frear and Vane, W. D. Burton was appointed as Alderman for the City of Dover for the year 1937.
Upon motion of Messrs. Hinkle and Fear, C. Burton Sypherd was appointed as City Treasurer for the year 1937.
Upon motion of Messrs. Keith and Downes, Melvin Hopkins was appointed City Solicitor for the year 1937.
CITY MANAGER’S REPORT
The City Manager’s report for the month of January was read by the Clerk and accepted upon motion of Messrs. Burton and Keith.
Upon motion of Messrs. LeFevre and Hinkle, the City Council authorized the City Manager to install an 8” sewer from the new British American Export and Manufacturing Company factory to the manhold of the interceptor sewer at Division Street and the Murphy School property.
Upon motion of Messrs. Downes and LeFevre, City Council adopted the new straight lighting rate as recommended by the City Manager which reads: 8¢ for first 20 KW, 6¢ for the next 80 KW and 4¢ for all over 100 KW.
Upon motion of Messrs. Downes and Keith, the City Manager was instructed to interview the property owners along South Governors Avenue and to move all houses off the right-of-way with the understanding that the State Highway Department will construct sidewalks along this highway.
Mayor Woodford appointed Councilmen LeFevre and Burton as a committee to investigate and report some method for the City in paying sick benefits to employees.
FINANCIAL REPORT
The financial report for the month of January was read by the Clerk and accepted and approved upon motion of Messrs. Keith and Hinkle.
ALDERMAN’S REPORT
The Alderman’s report for the month of January was read by the Clerk and accepted upon motion of Messrs. Burton and Millman. A check in the amount of $75 was turned over to the City Manager with the report of 12 arrests.
POLICE REPORT
The report of the Chief of Police was read by the Clerk and accepted upon motion of Messrs. Downes and Keith.
CITY SOLICITOR’S REPORT
The annual report of the City Solicitor was accepted as read by the Clerk upon motion of Messrs. Burton and Millman.
DONATION TO BOY SCOUTS
Upon motion of Messrs. Keith and Downes, the City Council donated $50 to be paid to the Delaware Council of Boy Scouts of America.
DONATION TO THE CITY LIBRARY
Upon motion of Messrs. LeFevre and Frear, the City Council voted to donate $250 to the Dover City Library to be used for the purpose of keeping HTE library open six nights per week.
REBUILD LADDER TRUCK
Upon motion of Messrs. LeFevre and Downes, the City Council voted to have the Seagraves Corporation rebuild the ladder truck for the Robbins Hose Company at a price of $2400.
ORDINANCES
The following ordinance was adopted upon vote of Council as follows:
Messrs. LeFevre, yes;
Downes, yes;
Keith, yes;
Millman, yes;
Frear, yes;
Burton, yes;
Hinkle, yes;
Vane, yes.
AN ORDINANCE RELATING TO THE ERECTION, CONSTRUCTION AND ALTERATION OF BUILDINGS TO BE USED FOR THEATERS AND OTHER PLACES OF AMUSEMENT.
Be it Ordained by The Council of The City of Dover in Council Met:
SECTION 1. APPLICATION OF CHAPTER. Every building hereafter erected, altered or remodeled and designed to be used for the public exhibition of motion pictures, with or without sound, or television, or as a public theatre, opera house or other building intended for theatrical or operatic purposes, or for public entertainment of any kind where stage scenery and apparatus are employed, shall be built or altered to comply with the requirements of this chapter, but all theaters or places of amusement now existing or in the course of construction may be altered providing such alteration does not amount to a virtual reconstruction thereof so as to make it a new building. No building which is not in actual use at the effective date of this ordinance, for theatrical or operatic or motion picture purposes, and no building hereafter erected not in conformity with the requirements of this chapter shall be used for theatrical or operatic or motion picture purposes or for public entertainment of any kind where stage scenery, screens and other apparatus are employed until the same shall have been made to conform to the requirements of this chapter.
No building or auditorium shall be built, constructed, altered or remodelled to be used as a public theatre, opera house, or other building intended for theatrical, operatic, or for the public exhibition of motion pictures, with or without sound, or with or without television, unless the walls of said building shall be constructed of iron, steel, or reinforced concrete filled in with masonry, concrete, brick or other fireproof material, the iron or steel to be thoroughly fireproofed and all basement columns and walls and floors shall be of fireproof construction. The ceilings in the auditorium and in any galleries or balconies shall be covered with metal lath plastered with cement or gypsum or shall be of other incombustible or fireproof material approved by the Mayor, City Manager and Fire Marshall, or any two of them.
The full meaning, intent and purpose of the words “fireproof construction” shall be, a building having frames of reinforced concrete or structural steel wherein the fireproofing of the skeleton frame, including roof and the floor systems, is in intimate contact with all parts of the steel and the floor systems are rigidly connected to the skeleton frame.
GRADIENTS. Gradients shall be used instead of steps wherever possible.
SECTION 2. No building described in Section 1 of this ordinance shall be opened to the public for the exhibition of motion pictures, or for theatrical or operatic purposes or for public entertainment of any kind where stage scenery, screens or apparatus are employed until the Mayor, City manager and Fire Marshall, or any two of them, shall have approved the same in writing.
SECTION 3. EXITS. Every theatre accommodating three hundred persons shall have at least three exits exclusive of the exits at the sides of the theatre.
Every such building shall have at least one front on the street, which front shall be as wide as the widest part of the auditorium or assembly hall and with exits to be approved by the Mayor, City Manager and Fire Marshall, or any two of them. All entrances to the main front of the building shall be at street level.
Doorways of exit or entrance for the use of the people shall not be less than five feet in width and there shall be five doorways for the first five hundred people accommodated in said building and an additional five foot doorway for each two hundred persons or portion thereof thereafter. All doors of exits or entrance shall open outwardly and be hung to swing in such a manner as not to become an obstruction in a passage or corridor, and no such door shall be locked on the inside during any presentation or when the building is open to the public. At least two distinct and separate places of exit and entrance shall be provided for each gallery above the first.
SECTION 4. The aggregate capacity of the foyers, lobbies, corridors, passages and rooms for the use of the audience, not including aisle space between the seats, shall, on each floor or gallery, be sufficient to contain the entire number to be accommodated on said floor or fallery in the ratio of one hundred and fifty square feet of floor room for every one hundred persons.
SECTION 5. AISLES. All aisles on the respective floors in the auditorium having seats on both sides of same shall be not less than three feet wide where they begin and shall be increased in width towards the exits in the ratio of one and one-half inches to five running feet.
SECTION 6. STAIRWAYS. All stairs within the building shall be constructed of incombustible material throughout. Stairways serving for the exit of fifty people shall be at least four feet wide between railings or walls and for every additional fifty people to be accommodated six inches must be added to their width. No circular or winding stairs shall be permitted. All enclosed staircases shall have on both sides strong handrails firmly secured to the wall about three inches distant therefrom and about three feet above the stairs.
SECTION 7. FIRE ESCAPES. There shall be balconies at each level or tier above the parquet on each side fo the auditorium of sufficient length to embrace the exits and from said balconies there shall be staircases extending to the ground level. Such balconies shall be not less than four feet in width where the seating capacity is not in excess of one thousand and shall be increased in width at the ratio of one foot for each additional five hundred persons.
SECTION 8. AUDITORIUM WALLS. Interior walls built of fireproof materials shall separate the auditorium from the entrance vestibule and from any room or rooms of the same, also from any lobbies, corridors, refreshment or other rooms.
SECTION 9. ROOF AND FLOORS OF AUDITORIUM. The roof over the auditorium and the entire main floor of the auditorium and vestibule, also the entire floor of the second story of the front superstructure over the entrance lobby and corridors and all galleries and supports for the same in the auditorium shall be constructed of iron or steel and fireproof materials, not excluding the use of wooden floor boards and necessary sleepers to fasten the same to, but such sleepers shall not mean timbers of support, and by the spaces between sleepers, excepting a portion under the stepping in the galleries, which shall be properly fire stopped, shall be solidly filled with incombustible material up to the under side of the floor boards.
SECTION 10. The partitions in that portion of the building which contains the auditorium, the entrance and vestibule, and every room and passage to the use of the audience shall be constructed of fireproof materials approved by the Fire Marshall and all walls separating dressing rooms and separating rooms from the stage and separating passage-ways shall be of the same material.
SECTION 11. SEATS. All seats in the auditorium excepting those contained in the boxes, shall not be less than thirty (30) inches from back to back, measured in a horizontal direction and firmly secured to HTE floor. There shall be not more than fourteen (14) seats in any row extending from one aisle to another nor more than seven (7) seats in any row extending from one aisle to a wall. No stool or seat shall be placed in any aisle. All platforms in galleria formed to receive the seats shall not be more than twenty-one (21) inches in height of riser nor less than thirty (30) inches in width of platform.
SECTION 12. HEATING. The heating shall be y means of steam or hot water. Heating apparatus shall be in an approved fireproof room with walls and ceiling constructed of solid masonry not less than nine (9) inches in thickness, with entrances to same from the outside of the main building. Steam or hot water pipes are not to pierce ceiling. Pipes, when passing through side walls, are to be filled in tight with non-conbustible material. Air ducts shall be filled in tight with non-combustible material and be provided with automatic fire doors or approved automatic louvers of metal plate of not less than twelve (12) U. S. gauge at wall line.
Every steam boiler which may be required for heating or other purposes shall be located outside the building and the space allotted to the same shall be enclosed by walls of masonry on all sides and the ceiling of such space shall be constructed of fireproof materials. All doorways in said walls shall have iron doors. No coil or radiator shall be placed in any aisle or passageway, used as an exit, where it forms an obstruction, but all said coils and radiators shall be placed in recesses formed in the walls or exhaust pipes shall be properly encased and protected where passing through floors or near woodwork.
SECTION 13. (1). Every building described in Section 1 of this chapter shall be lighted throughout by an approved system of incandescent electric lights. In addition to the regular lighting system there shall be proided an approved system of emergency lighting to operate automatically on failure of the current
(2). ADEQUACY. Every portion of the building devoted to the uses or accommodation of HTE public, also all outlets leading to the streets and including the open courts and corridors shall be well and properly lighted during every performance and the same shall remain lighted until the entire audience has left the premises.
(3). LIGHTS IN STAIRS AND CORRIDORS. All lights in the halls, corridors, lobby or any other part of the said building used by the audience, except the auditorium, must be controlled by a separate shut-off located in the lobby and controlled only in that particular place.
(4). FIREPROOFING. No light shall be inserted in the walls woodwork, ceilings or in any part of the building unless protected by incombustible materials.
(5). STAGE LIGHTS. All stage lights shall be installed according to the best known methods and subject to the approval of the Bureau of Fire. The trough containing the footlights shall be formed of and surrounded by incombustible materials.
(6). BORDER LIGHTS. The vertical border lights at the proscenium opening shall be located inside the asbestos curtain and in substantial metal receptacles and shall be permanently fixed in position. Hinged or movable border lights will not be allowed under any circumstances and the receptacle for the border lights shall be absolutely clear in every way from any possible contact with the curtain.
SECTION 14. PARTICULAR PROVISIONS RELATING TO MOTION PICTURE HOUSES. In addition to all other requirements of this ordinance not in conflict with this section, the following requirements shall be applicable to buildings containing auditoriums for the public exhibition of motion pictures with or without synchronized reproductions of sound and with or without television, to-wit:
(a) No building or auditorium shall be built or altered or remodeled, added to, removed or demolished for the exhibition of motion pictures under the provisions of this section unless the auditorium in every such building shall be located in the first story only, except that the auditorium may be located in the first story and in the first gallery as respects any building of fireproof construction including walls, ceilings and floors; provided that the said first gallery shall have a seating capacity of not more than two hundred seats; and provided, further, that there shall be two separate exit stairways, one to be located on either side of such gallery, and each of said stairways leading from the said first gallery of the said theatre to the outside of the theatre building; and provided, further, that there shall be at least two exit stairways, one on either side of said gallery not less than five feet in width each leading from the said first gallery of the theatre to the first floor lobby of said theatre.
(b). There shall be provided in the rear of the seats, abutting upon a street, a lobby of sufficient size to provide at least one and one-half square feet of lobby room, exclusive of the aisle space between seats for every person who may be seated in the building.
(c) The booth for the moving picture machine shall be constructed of fireproof material throughout with a ventilator extending through the front of the partition, such booth shall be constructed to conform to the regulations of this ordinance and to the regulations of the Fire Marshall and shall not be used until approved by him.
(d) The building containing such auditorium shall be enclosed in a building of fireproof construction with solid masonry acceptable to the Fire Marshall. The said building shall be constructed of iron, steel or reinforced concrete filled in with masonry concrete, brick or other fireproof material, the said iron or steel to be thoroughly fireproofed, and all basement columns and walls and floors shall be of fireproof construction. The ceiling shall be covered with metal lath plastered with cement or gypsum or shall be of other incombustible or fireproof material.
(e) Every such building shall have at least one front abutting upon the street, which front shall be not less than thirty feet in width and shall be as wide as the widest part of the auditorium. There shall be provided in the street front at least two five feet exits where the seating capacity is two hundred fifty or less and also two additional rear side exits of not less than five feet in width; and where the seating capacity is two hundred fifty or less and also two additional rear side exits of not less than five feet in width; and where the seating capacity is more than two hundred fifty and not more than five hundred, there shall be provided in the front at least three five feet exits with four additional side exits in the rear, not more than two of which shall be on the same side of the building each of which shall be at least six feet in width. Such side exits shall lead directly to a street or alley or a court of not less than ten feet in width running the full length of the building. Where the seating capacity is in excess of five hundred, there shall be provided at least five, five foot exits in front and at least six five foot side exits not more than three of which shall be on any one side of the auditorium. Where the seating capacity is in excess of one thousand, the Fire Marshall shall determine the number and place of exits, provided that in determining such number the number of exits shall aggregate at least one foot of exit space for each twenty persons accommodated in the auditorium served by such exits.
The said open alleys or court shall not be used for storage purposes, or for any purpose whatever except for exit and entrance from and to the auditorium and stage and must be kept clear during performances. All buildings shall have rear alleys or courts of at least ten feet in width, which shall run the full width of the rear of the building and shall have unabstructed openings into the side courts, or into an open street or streets.
(f) AISLES. All aisles shall be at least three feet wide at the beginning and shall increase in width toward the exits in the ratio of one and one-half inches to five running feet. Aisles having seats on one side only shall be not less than two feet wide at the beginning and shall increase in width in the above mentioned ratio.
(g) GRADIENTS. Gradients shall be used instead of steps wherever possible.
(h) SEATS. All seats shall be placed not less than thirty inches from back to back, measured in a horizontal direction and firmly secured to the floor. There shall be not more than fourteen seats in any row extending from one aisle to another nor more than seven seats in any row extending from one aisle to a wall. No stool or seat shall be placed in any aisle.
(i) CURTAIN. The curtain shall be an approved asbestos curtain.
(j) DECORATIONS. All decorations must be fireproofed and firmly fixed in position. The files or decorative fixtures upon the platform must be fireproofed and firmly fixed to the said platform.
(k) STRUCTURAL AND OCCUPANCY RESTRICTIONS. No dressing-room shall be allowed in such buildings. The cellar shall not be used for manufacturing purposes or for the storage of materials. No portion of any such buildings shall be occupied or used as a dwelling or tenement house, apartment house, office building, hotel or department store. Such restriction shall relate and be applicable not only to the portion containing the auditorium but also to the entire structure or building used for moving picture exhibitions or in connection therewith.
SECTION 15. Where the term “Fire Marshall” appears in this ordinance the term shall include any person acting as “Fire Marshall” or if none there be, the City Manager shall act as such Fire Marshall and shall have all the powers conferred on said Fire Marshall as herein provided.
SECTION 16. PERMITS. WHEN REQUIRED. No person, firm association, or corporation shall hereafter erect, construct, alter, remodel, remove or demolish any building or structure or part of any building or structure to be used as and for a public theatre, opera house, or moving picture theatre without first obtaining therefor a permit and paying as a fee therefor the sum of Ten ($10.00) Dollars, such fee shall be paid to the City Manager upon the granting of a permit as hereinafter provided.
No permit shall be granted until the same shall have been approved by a two-thirds majority of the City Council upon application to the City Council and approval of such application by a two-thirds majority of all the members of the Council.
The application for such permit shall contain the full names and addresses of the applicant and the owner or owners of the property, and if either the applicant or the owner or owners be a corporate body, the responsible officers shall be indicated in such application.
Such application shall be accompanied by specifications and such drawings of the proposed work, drawn to scale, including floor plans, sections, elevations, and structural details, as the Council may require. The application shall also definitely locate the proposed building or work and shall show the proposed occupancy of all parts of the buildings and lots affected, and such other information as Council may require. Council shall have the right to require plans and specifications to be made or approved by a registered architect of the State of Delaware. No material variation from the plans and specifications shall be permitted without the consent of the Council
A permit shall expire within thirty days after issuance unless work on the proposed job shall have been commenced within such thirty-day period.
No building affected by the provisions of this ordinance shall be occupied or used in whole or in part for any theatrical or moving picture purposes until a certificate of occupancy shall have been issued by the City Manager certifying that such building conforms to the conditions of the permit and requirements of the ordinances relating thereto.
Council reserves the right to stop work on any building or structure for which a permit has been granted under the provisions of this ordinance whenever it shall be determined that such work is not being done according to the terms and conditions of such permit.
SECTION 17. It shall be unlawful for any person, firm, association, or corporation to erect, construct, alter, remodel, or remove any building or buildings to be used as and for a theatre, opera house, moving picture house, or moving picture auditorium, or for the exhibition of theatricals, plays, or pageants, or for the exhibition of moving pictures with or without sound, or with or without television, according to the provisions of this ordinance, without first obtaining a permit for so doing and paying the required fee therefor.
It shall be unlawful for any person, firm, association, or corporation to exhibit, display, or show any theatrical exhibition, display, play or pageant, or to exhibit, display or show any moving picture, with or without sound, and with or without television, or to put on any show, theatrical or moving picture in any building which shall not have been erected, constructed, altered, remodeled or removed according to the provisions of this ordinance.
Any person, firm, association or corporation violating any of the provisions of this ordinance shall, upon convition thereof, be fined not less than Fifty ($50.00) Dollars nor more than One Hundred ($100.00) Dollars for each offense, and upon failure to pay such fine shall be imprisoned not exceeding thirty days for each offense. Each day that a violation shall continue shall be deemed a separate offense.
PASSED, February 8th, 1937.
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ATTEST: APPROVED, Feburary 8th, 1937
___________________________ __________________________
City Clerk Mayor
The following ordinance was adopted upon vote of Council as follows:
Messrs. LeFevre, yes;
Downes, yes;
Keith, yes;
Millman, yes;
Frear, yes;
Burton, yes;
Hinkle, yes;
Vane, yes.
AN ORDINANCE RELATING TO THE PARKING OF VEHICLES ON LOOCKERMAN STREET AND CREATING A PARKING LIMIT THEREFOR.
Be It Ordained By the Council of the City of Dover in Council Met:
SECTION 1. That, beginning April 1, 1937, and at all times thereafter, all vehicles parked on that part of Loockerman Street, including both sides of said Loockerman Street, from the west side of State Street, where said State Street intersects with said Loockerman Street, to the north side of the intersection of Kirkwood Street with said Loockerman Street and to the north side of Slaughter Street, where said Slaughter Street intersects with said Loockerman Street, shall be parked parallel and next to the curb line of said Loockerman Street.
SECTION 2. Beginning April 1, 1937, and at all times thereafter, no vehicle shall be parked on that part of Loockerman Street between