A Mahoning Township woman has asked township officials to enforce no-camping at the Mahoning Drive-In Theater.

Sandy Palinchak, a member of the township’s zoning hearing board, told the board of supervisors on Wednesday that on Nov. 4, the drive-in also offered camping for an additional charge.

“We went through this all summer,” Palinchak said. “I think they should be getting fined.”

Supervisor Deb McGowan said the matter was sent to the township’s code enforcement officer.

Regardless, Palinchak said camping should not be allowed at the drive-in.

“I think it’s up to the township to enforce it,” said Palinchak, who noted there was a court-ordered ruling that there is to be no camping at the drive-in theater.

The drive-in theater sought relief from a variance to sections (permitted uses within the planned commercial zoning district).

In addition, it sought the listed relief to allow for an accessory use for overnight stay of paying patrons of the drive-in theater.

The subject premise is owned by Joseph Farrugio, who granted the Mahoning Drive-In Theater permission to file the subject zoning application.

The township’s zoning hearing board previously issued an enforcement notice dated June 27, 2021, that the premise located at 279 Seneca Road was in violation of a section for being used as a campground, which is not a permitted use in the planned commercial zoning district.

Township solicitor Tom Nanovic previously said that the enforcement officer sent the campground a violation notice.

Nanovic said the drive-in then appealed to the township’s zoning hearing board, and had two theories: One, that it was not a campground, as it was part of the drive-in movie experience, and two, even if it were a campground, they would be entitled to a variance.

He said the matter then went before the zoning hearing board, and the township presented its testimony. However, the zoning hearing board said it didn’t believe it was a campground, so they can keep doing what they’re doing.

The township appealed to the Carbon County Court of Common Pleas, where a judge decided it is a campground, and sent it back to the zoning hearing board for the second part of the meeting to determine whether or not it’s entitled to a variance.

The drive-in then appealed that decision to Commonwealth Court.

The theater doesn’t dispute that some of its customers spend the night between shows, but they don’t believe that makes them a campground.

The theater is located in the township’s planned commercial zoning district. The township zoning ordinance only allows campgrounds in a different zoning district. It doesn’t define a campground.

Virgil Cardamone, Mahoning operator and film booker, has testified that customers are allowed to stay overnight following a show if they purchase an overnight, multiday movie pass. No other camping is allowed.

He said the theater does not allow RVs, campfires our outside food. At all times, a staff member is on-site and portable restrooms are available.

The township argued in its lawsuit that the zoning hearing board should have upheld the zoning officer’s notice of violation. The lawsuit also says that the board refused to admit into evidence a video which supported the zoning officer’s findings.