HomeMy WebLinkAboutO-91-27ORDINANCE NO.: O-91-27
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN
CEMETERY; AMENDING SECTION 8-33(b) OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO ALLOW FOR LARGER
GR~VE SITE MARKERS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has, in Section 8-33(b) of the Code of Ordinances of the city of
Sebastian, prescribed the maximum allowable size for grave site
markers located in the city of Sebastian Cemetery; and
WHEREAS, the City has, from time to time, received requests
from City residents that larger grave markers be allowed in the
Sebastian Cemetery; and
WHEREAS, the City Council has determined that larger grave
markers will pose no additional problems for the Sebastian Cemetary
with respect to maintenance and space availability.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Section 8-33(b) of the Code of Ordinances of the
City of Sebastian, Florida is hereby amended by deleting the
existing Section 8-33(b) in its entirety and adding the following
provision in lieu thereof:
"(b) The maximum size marker for a single grave site
shall not exceed forty-eight (48) inches in height,
thirty-six (36) inches in length, eighteen (18) inches
in width and eight (8) inches in thickness. The maximum
size marker for a double grave site shall not exceed
forty-eight (48) inches in height, seventy-two (72)
inches in length, eighteen (18) inches in width and eight
(8) inches in thickness."
Section 2. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
city Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
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The foregoing Ordinance was moved for adoption by Councilman
~~ . The motion was seconded by
Councilman and, upon being put to a vote,
the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~day of ~~ , 1991.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST: W.
Kathryn ~. O, Ha~lor~h, -CMC/AAE
City Clerk
E. Conyers, ~yor ....
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i HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one pub%ic hearin~w~s held on this
Ordinance at 7:00 p.m. on the ~ day of ~ , 1991,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathry~'M. O'Halloran, CMC/AAE
City Clerk
Approved~ to Form and Content:
Charles Ian Nash, City Attorney
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