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HomeMy WebLinkAboutO-77-2B ORDINANCE NO. 0-77-2B AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 8, CODE OF ORDINANCE RELATING TO THE RULES AND REGULATIONS OF THE SEBASTIAN MUNICIPAL CEMETERY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sebastian Cemetery Committee has recommended that certain amendments to the current rules and regulations which govern the operation of the Sebastian Municipal Cemetery be adopted; and WHEREAS, the Council concurs with the Committee's recommendations; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: SECTION I..: That Section 8-19 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-19. Records. The cemetery sexton and office of the City Clerk shall keep records as required. SECTION II. That Section 8-20 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-20. Hours. The cemetery shall be open daily from 8 A.M. until sunset. Any person found on the grounds after dark will be considered a trespasser. SECTION III. That Section 8-21 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-21. Locating of Graves. Ail graves must be located by Sexton or other designated City Official. SECTION IV. That Section 8-24 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-24. Fee for opening or closing grave other than during work we--~-~-~7 A $15. fee shall be charged to the funeral home when a gravesite must be located and marked by the sexton or other authorized City employee for interment at any time other than the regular work week. SECTION V. That Section 8-28 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-28. Approval of work on grave sites required. No work of any kind may be done on grave sites unless approved by the Cemetery Committee and/or cemetery sexton PRIOR to starting such work or installing markers. SECTION VI. That Section 8-29 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-29. Vault or grave liner required. All interments in the cemetery shall be required to have a concrete vault or other approved permanent type grave liner installed before burial. Ail cremains must be placed in a suitable approved permanent type container. SECTION VII. That Section 8-32 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-32.: Markers Design. The following provisions shall apply to all types of grave markers: a) A marker may contain the full name of an individual, date of birth and date of death. In addition, symbolic floral carvings; family crests or emblems; religious markings; fraternal emblems; suitable epitaph; designation as to relationship of the deceased (such as son, daughter, husband, father, etc.) may be used. b) Veterans markers. Those markers received from the Veterans' Administration may include such information as name, rank, serial number, date of death, and other information such as the Veterans' Administration from time to time places on such markers. SECTION VIII. That Section 8-33 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-33. Same - placement; size a) Ail cemetery plat markers shall be either bronze, marble or granite, and shall be flush with the ground° No permanent attachments shall be above the marker. No slabs of any kind will be permitted, provided, however, to preserve the historic nature of Unit 1 of the Sebastian Cemetery, and where there are existing slabs and above ground markers, restoration of existing slabs and above ground markers will be permitted. b) Additional slabs and above ground markers will be permitted in Unit 1 only where there are existing slabs and above ground markers and within the same family plot with the existing ones and with the approval of the cemetery committee. c) The maximum size marker for a single gravesite shall not exceed 30 inches in length by 18 inches in width by 6 inches in thickness; and 54 inches in length by 18 inches in width by 6 inches in thickness for double gravesite. SECTION IX. That Section 8-34.1 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-34.1. Same--concrete base° Ail markers may have a suitable concrete foundation provided by the monument company at the option of the owner and at his expense. SECTION X. That Section 8-35 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: -3- Sec. 8-35. Same--Period for installment after burial. Ail such markers shall be installed within four months (120 days) after burial. Where this regulation renders a hardship, or presents any special problems, i.e., an estate not settled, etc., special consideration will be given. Request for special consideration should be made in writing to the Sebastian City Clerk, City Hall, Post Office Box 127, Sebastian, Florida 32958. SECTION XI. That Section 8-36 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-36. Artificial and fresh flowers. Artificial flower arrangements will be permitted to remain until they become faded or unsightly. Fresh flowers will remain until unsightly. No glass or ceramic flower containers or ornaments shall be allowed. No wires shall be allowed to hold flower arrangements PERMANENTLY in place at the gravesite. SECTION XII. That Section 8740 of the Code of OrdinanCes, City of Sebastian, Florida, is hereby amended to read as follows: Sec° 8-40. Interments~ Interments shall be permitted seven days a week. SECTION XIII. That Section 8-54 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 8-54. Minimum de~h of ~raves. Graves must be at least five feet deep at lowest point. Cremain urns must be covered by a minimum of 10 inches of soil. SECTION XIV. That Section 8-58 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec° 8-58. Removal of excess dirt. The vault company and/or contractor (grave digger) shall remove all dirt from adjacent grave markers, monuments, etc., as he completes closing of grave sites. Surplus dirt shall be hauled to spoil -4- site as designated by sexton or other designated City Official. SECTION XV. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered 8-18.1, which said section shall read as follows: Sec. 8-18.1~ Unlawful conduct. It shall be unlawful for any person to break or injure any tree or shrub, or mar any landmark, marker or memorial or in any way deface the grounds of the cemetery~ SECTION XVI. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered 8-18.2, which said section shall read as follows: Sec. 8-18~2. Speed limit. Speed of over 15 miles per hour on internal roads within the cemetery will not be permitted, and no unauthorized person shall either ride or drive upon the lawn~ SECTION XVII. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered 8-18~3 which said section shall read as follows: Sec. 8-18.3~ No liability~ The City of Sebastian is not responsible for theft or damage to anything placed on graves or lots. SECTION XVIII. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered 8-59 which said section shall read as follows: Sec. 8-59,. Rule violations; procedures, if any of the aforesaid rules are violated, the sexton or other City employee should bring the matter to the attention of the City Clerk for the specific gravesite involved. The City Clerk will then verify the owner of the lot or his/her estate or last known relative by registered letter. The Clerk shall send a copy of the Rules and Regulations with the specific item(s) underlined in reference to the alleged violations; and a brief letter notifying them of the alleged violation(s). A copy of the letter shall be sent to the City Attorney who shall take appropriate action against the violator should the violation remain uncorrected beyond a reasonable period of time. SECTION XIX. This Ordinance shall take effect immediately upon becoming law. SECTION XX. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the ~ day of ~/~~ , 1983. · Mayor, Ci'ty of Sebastian~ ATT_ES~,,~ City Clerk I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at ~,'~)~Lon the ~2~ day 1983, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the ~ day of ~/~[~a_~ , 1983. ~ity Clerk