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HomeMy WebLinkAboutOrdinance 92-04 ORDINANCE NO. 92-04 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO CEMETERIES; AMENDING THE PRESENT CHAPTER 7 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. The present Chapter 7 of the Code of Ordinances is hereby amended to read as follows: Sec. 7-11. General Rules. (a) The cemetery will be open to visitors at all times between the hours of sunrise and sunset. Permission to enter the cemetery at any other time must be obtained from the superintendent and/or the city manager. (b) No person shall break or injure any tree or other plant, pick any flowers or mar any landmark, marker, or memorial, or in any way deface the grounds of the cemetery. (c) No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree. (d) Persons within the cemetery grounds shall use only the established avenues, walkways and roads, and are forbidden to trespass on cemetery lots. (e) Children under sixteen (16) years of age shall not be permitted within the cemetery or its buildings, unless accompanied by an adult. (f) No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or para-military burial services. (g) No person may use any form of advertisement on cemetery grounds. (h) No person may consume refreshments or liquors within the cemetery or carry same into the premises. (i) No person shall throw rubbish or debris on walks, drives or any part of cemetery grounds. (j) Unauthorized persons shall not loaf, lounge, or otherwise use any of the grounds, graves or memorials in the cemetery, or in any of the buildings thereon. (k) No loud talking shall be permitted on the cemetery grounds within hearing distance of funeral services. (1) Any person found on the grounds after dark will be considered a trespasser. Page 2 Ordinance No. 92-04 (m) All orders, inquiries and complaints by visitors or owners should be reported to the superintendent or the city manager. (n) Flowers and other symbols of tribute may be ~eml'or'ar'Hy placed upon gr a ve s . rphe--r ec el' t-acl:e-s- "fo-r--the-se- -H~"1ll'I.tS't-,- ~,--he--a--f l:-l:tS"h--mo~nHng de.,iee-a-s--a-"1'M+-of--the-1Item01:'-iti--ot'""-cH.~-e-;- Symbols of tribute may include fresh or artificial flowers, wreaths, potted plants, or baskets. Except for the funeral period, arrangements should be placed on the memorial/grave area only. The area surrounding graves should remain clear for maintenance. Arrangements that become wilted, faded, or unsightly, will be removed by city employees. Sec. 7-12. Memorials. -f a T-- .If'h-e- ~-n-t~den-t -or--~h-e--eHy-man age r' - ma'Y-1iesi~~ 3 e C't ions---o-f -~he eeme~er'Y-lfher'e-~he--d-e'S-ig-1'i-'O'f-1Item01:'-iti-s-~-3.--he--l:i1rti-t-ed--ro--fl:-a-~""1'/t"a-rJre-n-lfhieh shaii-~e~tI~~~t~tzT-inehes-a-~~-the-~--N~l'os~s,-ehains, fenees,-siabs,-r'oeks,-gr'a.,ei-or'-o~her'-ma~er'iais-may-bor'der'-or'-eo.,er'-gr'a.,es~ (aHbT Any violation of these rules shall result in the city manager notifying the owner of the property, by certified mail or hand-carried notice with proof of service, requesting the mar'ker'-or--o-~h-e-r""1'/t"a-~ria-~-ro--he-~ r'el'heed-ttr-~ Q~~essary. ad~ustlllents to comply with these regulations. After thirty (30) days to correct the violation with no response, the city manager shall cause the mar'ker'-or'--o-~h-e-r-rn-a-teI ia-~-tv-he--r~ ~oX:!J!.~tiClJJ..~Cl.l:le made, and brought into compliance. (b) -feT Memorials in all sections of the cemetery o~her'-~h-a-n-~-de3i~ bY-~he-ei~y-1!t81'i-ag--et'-ttr-~~~-ro-'"'ttUb3eC't-io'lr-f-a-}--a-~\'"e may be markers, stones or monuments. -fdT-~~~~~-H~~~~v-a-s-e'S--a-r-e-l'er'fee~iy-aeeel'~abie fOr'-~se-in-~he-eeme~er'Y~ (c)-feT The superintendent shall only prohibit individualistic designs in memorials when it would be offensive to other owners or tend to degrade the appearance of the cemetery. -f f T - -'P-h-i-s- s-ec-H-oo--w1-l:-l:- -not--he--i~ -tv he- -r-et-r-oa"eH v~--:E ~-does -no~ affee~-~hose-mon~men~s-air'eady-in-l'iaee~ SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," Page 3 Ordinance No. 92-04 "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy with the City Clerk. SECTION 5. Effective Date. This ordinance shall become effective immediately upon passage and adoption. APPROVED: Attest: FLORIDA Advertised ~~ril 9 , 1992 Read First Time April 7, 1992 Read Second Time and Adopted f\PRJ:.L 2 \ , 1992 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPRO~D AS TO FO~M AND7 LEGALITY this 'd...Lday of apt} ( , 1992 FOLJY & L.ARDN~R 11 IJ/' / j i -"" ,/1 ffi' Ji /; ",,-" 'If ~- " I ' /.~ I ';J ',;' By: ; 4-<-< .. J J ~,AI./' , City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON A.. III R:::t l 2., , 1992 UNDER AGENDA ITEM NO. Y B ('-