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HomeMy WebLinkAboutO-93-12 Cemetery TrustORDINANCE NO. O-93-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING SECTION 34-2 PERTAINING TO TRUST FUNDS; ANENDING SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT SITES; AMENDING SECTION 34-8 PERTAINING TO EASEMENTS ~LONG INTERMENT SITES; AMENDING SECTION 34-9 PERTAINING TO PAUPERS' INTERMENT; ANENDING SECTION 34-10 PERTAINING TO FEE FOR OPENING ~ND CLOSING INTERMENT SITES OTHER THAN DURING WORKING HOURS; AMENDING SECTION 34-11 PERTAINING TO INTERMENT SITE PRICES; AMENDING SECTION 34-13 PERTAINING TO SALE OF INTERMENT SITES; AMENDING SECTION 34-14 PERTAINING TO APPROVAL OF WORK ON INTERMENT SITES; AMENDING SECTION 34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT; AMENDING SECTION 34- 16 PERTAINING TO INTERMENT REGULATIONS; DELETING EXISTING SECTION 34-17 PERTAINING TO PROHIBITION OF ABOVE GROUND INTERMENTS; ADDING A NEW SECTION 34-17 PERTAINING TO URN SIZE REQUIREMENTS; ANENDING SECTION 34-1S PERTAINING TO INTERMENT SITE MARKERS; AMENDING SECTION 34-19 PERTAINING TO ARTIFICIAL AND FRESH FLOWERS; AMENDING SECTION 34-21 PERTAINING TO PRUNING AND REMOVAL OF VEGETATION; AMENDING SECTION 34-22 PERTAINING TO PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING SECTION 34-24 PERTAINING TO LIABILITY; AMENDING SECTION 34-26 PERTAINING TO PROCEDURES FOR RULE VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED IN- GROUND INTERMENT SITES; AMENDING SECTION 34-57 PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34-58 PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AMD PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian recently purchased and installed burial niches in the Sebastian Municipal Cemetery; and WHEREAS, Chapter 34 of the Code of Ordinances of the City of establishes rules and regulations for the Sebastian Municipal Cemetery; and WHEREAS, the City Council deems it necessary to include rules and regulations for niches in Chapter 34 of the Code of Ordinances; WHEREAS, the City Council deems it necessary to amend certain language in Chapter 34 to provide for niches. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTI~tN, INDIAN RIVER COUNTY, FLORIDA, as follows~ SECTION 1. That Section 34-2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-2. Trust Fund. (a) A cemetery trust fund is hereby established which will be administered by the Finance Director under the direction of the City Council. (b) One-half of the proceeds from the sale of interment sites in the cemetery shall be deposited into the trust fund to be used solely for capital expansion of the cemetery to provide for the plotting, acquisition, watering system installation and related costs incidental to providing additional interment sites for future sale. (c) Funds in the cemetery trust fund not employed in capital expansion shall not be used for any purpose, but shall be invested in United States government bonds, or notes, or in certificates of deposit fully collateralized, or deposited in a federal savings and loan association having insured deposits, thereby drawing interest at the highest rate obtainable. The income from the trust fund shall be used solely in the operation, care and maintenance, and for capital improvements of and in the cemetery. As a part of the consideration for the purchase of such interment sites, the city obligates itself to use the proceeds of such sales for no other purpose than as stated in this section." SECTION 2t That Section 34-7 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "'sec. 34-7. Locating of ZnteFment Bites. Ail interment sites must be located by the sexton or other designated city official." SECTION 3. That Section 34-8 of the Code of Ordinances, city of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-8. Easement along in-ground interment sites. An easement is reserved along all in-ground interment site lines for water, sprinkler system, etc., as identified in recorded plats." ~__~CTION 4. That Section 34-9 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec, 34-9. Pauper's interment sites. Pauper in-ground interment and permanent markers for paupers may be permitted with the approval of the city Manager." SECTION 5. That Section 34-10 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Section 34-10. Fee for opening or closlng interment site other than during workweek. When an interment site must be located and marked by the sexton or other authorized city employee for interment or the site must be opened or closed, and such work is requested to be performed other than during the regular working hours of the sexton or other authorized city employee, then the city shall charge a fee to the funeral home requesting the services, such fee as set by resolution of the city council, from time to time." ~ 6. That Section 34-11 of the Code of Ordinances, city of Sebastian, Florida, is hereby amended to read as follows: 3 "Sec. 34-Xl. Interment site prices. Prices of interment sites in the cemetery shall be uniformly set by resolution of the city council, from time to time." SECTION 7. That Section 34-13 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-Z3. Sale of interment sites. No interment site owner shall allow interments in their interment site for remuneration, nor shall any transfer of interest therein be valid except by written consent of the city. No interment sites shall be bought or sold for speculation." SECTION 8. That Section 34-14 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-X4. &pproval of work on interment sites required. No work of any kind may be done on interment sites except by the cemetery sexton or his designated representative, excepting opening and closing of in-ground interment sites by the vault company and installation of monuments or markers that meet with the cemetery sexton's approval in accordance with the rules and regulations." SECTION 9. That Section 34-15 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-15. Vault or grave liner required. Ail interments in standard in-ground interment sites in the cemetery shall be required to have a concrete vault or other approved permanent type grave liner installed before burial. All cremains must be placed in a suitable approved permanent type container." 4 SECTION 10. That Section 34-16 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended by deleting it in its entirety and adding a new Section 34-16 as follows: "Sec. 34-16. Burlal of human dea4 only; interment. number of Ail interment sites shall be used for the interment of human dead only. Number of interment per individual site is as follows: (a) Standard In-Ground Interment Sites. Only one interment shall be made in a standard 4' x 8' in-ground interment site except in the case of: a mother and infant; two children under one year of age, not necessarily in one coffin; one coffin and one cremain; and, two cremains. (b) Cremains In-Ground Interment Sites. Only one cremains interment shall be made in a 4' X 4' cremains in-ground interment site. (c) Niches. in a niche. Only one cremains interment shall be made SECTION 11. That Section 34-17 of the Code of Ordinances, city of Sebastian, Florida, is hereby deleted in its entirety and a new Section 34-17 is added as follows: "Sec. 34-17. Urn size requirement for niche interments. Urns for interment in niches shall not exceed nine inches in width, eleven inches in height and eleven inches in depth." SECTION 12. That Section 34-18 of the Code of Ordinances, city of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-18. Interment site markers. (a) Standard and cremains in-ground interment sites. (1) Design. The following provisions shall apply to standard and cremains in-ground interment site markers: 5 i. Inscriptions. 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 marking; fraternal emblems; suitable epitaph; and designation as to relationship of the deceased (such as son, daughter, husband, father, etc.) may be used. ii. Veteran's 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. (2) Placement. All cemetery 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 Units 1 and 4 of the Sebastian Cemetery, and where there are existing slabs and aboveground markers, restoration of existing slabs and aboveground markers will be permitted. (3) Size. site markers. The following size standards shall apply to i. Flush Markers. Flush markers are permitted in all sections of the cemetery. Flush markers for standard 4' x 8' and 4' x 4' sites shall not exceed 36" in width and 18" in depth and shall be a minimum of 4" thick. A double marker for two adjoining (side by side) standard 4' x 8' and 4' x 4' sites shall not exceed 72" in width and 18" in depth and shall be a minimum of 6" thick. Bronze markers shall not exceed 24" x 24" ii. Above ground markers. Above ground markers are permitted in Units 1 and 4 only and are allowed only on standard 4' x 8' sites. Above ground markers for standard 4' x 8' sites shall not exceed 36" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 36" in width, 8" in height, and 18" in thickness. A double marker for two adjoining (side by side) standard 4' x 8' sites shall not exceed 72" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 72" in width, 8" in height, and 18" in thickness. Above ground markers are not permitted on standard 4' x 4' sites. 6 (4) Alignment. All markers shall be in a line consistent with each other as determined by the cemetery sexton. Any unapproved marker shall be removed, repaired or realigned at the monument company's expense. (5) suitable company. Concrete foundation. Ail markers shall have a concrete foundation provided by the monument (6) Period for installment after burial. Ail markers shall be installed within 120 days after burial. Where this regulation renders a hardship or presents any special problems, such as an estate not settled, special consideration will be given. Request for special consideration should be made in writing to the Sebastian City Clerk, Post Office Box 780127, Sebastian, Florida 32978. (b) Niches. (1) Design. Ail niche markers shall be bronze plaques, provided in the cost of the niche, engraved and installed by the city of Sebastian. i. Inscription. The bronze marker shall include the full name, date of birth and death of the decedent." SECTION 15. That Section 34-19 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-19. ~rtlficlal 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 interment site." ~ 14. That Section 34-21 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-21. Pruning an4 removal of vegetation. No trees, plants or shrubs shall be planted, pruned or removed except by the sexton or person in charge who shall have authority to do so upon any interment site when he/she may consider such planting, pruning or removal necessary." 7 SECTION 15. That Section 34-22 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: 34-22. Enclosures and mounds prohibited. Enclosures of any nature, such as fences, copings, hedges, ditches, etc., shall not be allowed around any in- ground interment sites. Earth mounds will not be permitted." SECTION 16. That Section 34-24 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-24. No liability. The city is not responsible for theft or damage to anything placed on any interment site." SECTION 17. That Section 34-26 of the Code of Ordinances, city of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-26. Rule violations; procedures. If any of the rules contained in this chapter are violated, the sexton or other city employee should bring the matter to the attention of the city clerk for the specific interment site involved. The city clerk will then notify the owner of the interment site or his estate or last known relative by certified or registered mail. The clerk shall send a copy of the rules and regulations with the specific items underlined in reference to the alleged violations; and a brief letter notifying them of the appropriate action against the violator should the violation remain uncorrected beyond a reasonable period of time." SECTION 18__~. That Section 34-54 of the Code of Ordinances, city of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-54. ~nlmmn depth for standard in-ground inte~ments. Interments in standard in-ground interment sites must be excavated to at least five feet deep at the shallowest point. Cremain urns interred in standard or cremains in- ground interment sites must be covered by a minimum of ten inches of soil." SECTION 19___~. That Section 34-56 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-56. Use of interment sites. vehlcles on platted in-ground The vault company and contractor (gravedigger) shall exercise care in driving a vehicle from cemetery roads onto platted in-ground interment sites to haul fill for a vault. Adequate protection by use of timbers, plywood and other approved devices shall be provided to adjacent in-ground interment sites. The vehicle shall remain in low gear while on platted in-ground interment sites and proceed slowly in and out to the roadway." SECTION 20. That Section 34-57 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: ggSec. 34-57. Removal of tent after burlal. The vault company or contractor (gravedigger) shall remove his tent as soon as practicable after completion of the ceremony and interment." SECTION 21. That Section 34-58 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-58. Removal of excess dirt. The vault company or contractor (gravedigger) shall remove all dirt from adjacent gravemarkers, monuments, etc., as he completes interment. Surplus dirt shall be hauled to the spoil site as designated by the sexton or other designated city official." SECTION 22- CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 23,~, 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 that the words "ordinance" may be changed to "section", "article", or other appropriate designation. ~ 2--4. 8EVERABILITY. 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 25. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member ,~~ . The motion was seconded by Council Member ~~, and, upon being put to a 10 ¥ot~, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Ordinance duly passed and adopted this~--~day of ~ , 1993. ~Y O~STIAN, FLORIDA Lonnie R. P~well, Mayor/ ATTEST: Kathryn~M. O'Halioran~ CMC/AAE City Clerk (SEAL) 11 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one pg~lic hear~g was held on this Ordinance at 7:00 p.m. on thec~ day of ~ , 1993, and that following said public hearing thi4~ Ordinance was passed by the City Council. Kathryn~M. O'Halloran, CMC/AAE City Clerk Approved as ~ Form and Content: Charles~Ian Na~h, City Attorney 12