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HomeMy WebLinkAboutO-02-16 ORDINANCE NO. O-02-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY RULES AND REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary to amend certain language in Chapter 34 relative to the Sebastian Municipal Cemetery; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That Section 34-10 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-10. Fee for opening or closing interment site. When an interment site must be located and marked by the sexton or other authorized city employee for interment, 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." SECTION 2. That Section 34-11 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-11. Interment site prices. Prices of all interment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time." SECTION 3. That Section 34-16 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: "Sec. 34-16. Burial of human dead only; number of interment. All interment sites shall be used for the interment of human dead only. Number of interments per individual site is as follows: (a) Standard In-Ground Interment Sites. Only one interment shall be made in a standard 4' x 8' or 4' X 10' 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' or 4' X 5'. cremains in-ground interment site. (c) Niches. Only one cremains interment shalt be made in a single niche. (d) Double Niches. Only up to two cremains interments shall be made in a double niche. SECTION 4. That Section 34-17 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-17. Urn size requirement for niche interments. Urns for interment in single niches in unit 4 and double niches in unit 3 shall be determined and regulated by the Cemetery Sexton or his designee." SECTION 5. 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: a. 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. b. 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 I and 4 of the Sebastian Cemetery, and where there are existing slabs and abovegmund markers, restoration of existing slabs and aboveground markers will be permitted. (3) Size. The following size standards shall apply to site markers. a. Flush Markers. Flush markers are permitted in all sections of the cemetery. Flush markers for standard 4' x 8', 4' X 10', and 4' x 4' and 4' X 5' 2 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". b. Above ground markers for standard 4' X 8' and 4' X10' sites. Above ground markers are permitted in Units 1 and 4 and 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' and 4" X 10' 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 4' x 4' or 4' X 5' cremains sites. c. In the event a family owns at least six 4' X 8' or 4' X 10' sites adjacent to one another, the Cemetery Sexton, at his discretion, may allow a larger marker in lieu of individual markers placed on each site. (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) Concrete foundation. All markers shall have a suitable concrete foundation provided by the monument company. (6) Period for installment after burial. All 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. All niche markers shall be bronze plaques, provided in the cost of the niche, engraved and installed by the City of Sebastian. a. Inscription. The bronze marker shall include the full name, date of birth and death of the decedent. b. Vases. If desired, all costs for vases and rings will be incurred by the niche owner." SECTION 6. That Section 34-19 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-19. Artificial and fresh flowers, blankets. 3 "No more than two bouquets of artificial or fresh flowers will be allowed at any gravesite. 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, however, a plastic flower container no more than 6" deep, 6" wide and 24" long may remain in place unless broken or in decrepit condition. No wires shall be allowed to hold flower arrangements permanently in place at the interment site. Blankets are allowed to be placed prior to any hotiday but must be removed within ten days following the holiday." SECTION 7. That Section 34-20 of the Code of Ordinances is hereby amended to read as follows: "Sec. 34-20. Use of living memorial tree or shrub. "Whenever a living memorial tree or shrub is desired, arrangements must be made with the cemetery sexton as to size, type and placement as designated by the cemetery sexton, in a planting area designated by him. Grave blankets are allowed during holidays or special occasions and can remain for a maximum of ten days." SECTION 8. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9. 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. SECTION 10. 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 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member Barczyk The motion was seconded by Council Member Hill and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes -aye Councilman Ray Coniglio -aye Councilman Edward Majcher -aye Vice-Mayor James Hill -aye Councilman Joe Barczyk -aye 4 The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of Nov. ,2002. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor (SEAL) 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 public hearing was held on this Ordinance at 7:00 p.m. on the 13thday of Novemt~er , ~1~1~, and that following said pu~J~c hearing this Ordinance was passed by the City Council. S a'~rl-~. Maio,,,I~MC;. C~y Clerk A~proved aS-t° Form:ar~l Legal Suffiency for Reliance By the_City of S~basfian Only: RicOh ~t~i~r~ City Attorney 5