HomeMy WebLinkAboutO-14-03 Municipal CemeteryORDINANCE NO. 0-14-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO
CEMETERY REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, CHAPTER 34 "CEMETERIES" BY AMENDING SECTION 34 -4
"UNLAWFUL CONDUCT" BY PROHIBITING POSSESSION OR CONSUMPTION OF
ALCOHOLIC BEVERAGES IN THE CEMETERY AND ENGAGING IN RAUCOUS
ACTIVITY; AMENDING SECTION 34 -6 "SPEED LIMIT" TO MOVE PROHIBITION OF
PARKING OR DRIVING OVER GRASS BURIAL AREAS TO SECTION 34 -4;
PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, City Code of Ordinances Chapter 74 provides for prohibition of all consumption of
alcoholic beverages in City parks, except with a permit issued by the City Council, but does not include
the Sebastian Municipal Cemetery; and
WHEREAS, in an effort to ensure the safety of visitors to the Sebastian Municipal cemetery, the
City Council feels it is best to prohibit alcoholic beverage possession and consumption in the cemetery;
and
WHEREAS, in an effort to provide a peaceful atmosphere for those visiting loved ones interred
in the Municipal Cemetery and particularly during funeral services being conducted, further restrictions
on loud music, horseplay and parking on grassy burial areas of the Cemetery is recommended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
SECTION 1. AMENDING SECTION 34 -4 "UNLAWFUL CONDUCT ".
Section 34 -4 of the Code of Ordinances entitled is hereby amended to read as follows:
"Sec. 34 -4. - Unlawful conduct.
1. It shall be unlawful for any person to break, or injure any tree or shrub, or vandalize or mar any
landmark, marker or memorial, or in any way deface the grounds of the cemetery.
2. It shall be unlawful for any person to possess or consume any type of alcoholic beverage within
the cemetery grounds.
3. It shall be unlawful for any person to drive, stop or park a motor vehicle on any grass burial
areas of the cemetery with the exception of commercial vehicles in preparation for interments and City
staff equipment while maintaining cemetery grounds.
4. It shall be unlawful to engage in any kind of raucous activity within the cemetery."
SECTION 2. AMENDING SECTION 34 -6 "SPEED LIMIT ".
Section 34 -6 of the Code of Ordinances entitled "Speed Limit' is hereby amended to read as
follows:
"Sec. 34 -6. — Speed Limit.
Speed of over 15 miles per hour on internal roads within the cemetery will not be permitted.
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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 or unconstitutional provision, thereby causing said
remainder to remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Hill . The motion
was seconded by Councilmember COY and, upon being put to a vote, the vote was as
follows:
Mayor Bob McPartlan
Vice -Mayor Jim Hill
Councilmember Jerome Adams
Councilmember Andrea B. Coy
Councilmember Richard Gillmor
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 14thday of May
2014.
Sally A. io, MMC
City Clerk
Approved as to form and Legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg
City Attorney
CITY OF SEB7;VIDA
By: ;
Bob McPartlan, Mayor
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