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HomeMy WebLinkAboutOrdinance 485OCOEE MUNICIPAL CEMETERY ORDINANCE AN Ordinance Regulating the Operation of the Municipal Cemetery; Authoriz- ing the City Council of Ocoee to Promulgate Rules and Regulations for the Management Thereof; Providing for the Appointment of a Superinten- dent and Setting Forth His Duties; and Prescribing Penalties for the Violation of its Provisions. BE IT ORDinINED BY THE COUNCIL OF THE CITY OF OCOEE: Section I-1. SHORT TITLE. The ordinance shall be 'know and may be cited as the Ocoee 11,1unicipal Cemetery Ordinance. • Section 1-2. DEFINITIONS. For the purposes of this Ordinance, the fol- -Lowing terms, phrases, words, anu their derivations shall have the ri.eaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural nuvi­ ber. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of Ocoee. (2) "ilunicipal Cemetery" or "Cemetery" is the Municipal Cemetery of the City of Ocoee. `P6rson" is any person, firm, partnership, association, corporation, company -or organi��ation of any mind. (4) "Superintendent" is the Superintendent of the Municipal Cemetery. Section 1-3. THE AUTHORITY IN THE CITY COUNCIL F(YR MAN,"iGLZMNT OF CEIKETERIES. The City Council of Ocoee shall manage, operate and maintain the 1.1unicipal Cemetery subject to any limitations and restrictions set forth herein or contained in applicable law anti subject to any future reg- ulations which the City Council may impose. Section 1-4. 1,,ULES -`�ND 1.EGUL.ATIONS. The City Council shall establish rules and regulations for the use of the Cemetery relating to: (1) Subdividing the cemetery into lots; (2) Capacity of each lot; (3) Location of graves; (4) Type of plantings, monuments and markers that will be permitted for the proper and most attractive development of the Cemetery; (5) The purchase price of said lots; (6) The maintaining of the Cemetery and all matters relating to its upkeep. (7) The conduct and regulations concerning persons on said Cemetery premises for any purpose whatsoever. Section 1-5. SUP&RIINTENDENT. The City Council shall appoint a Superin- tendent of the Municipal Cemetery. The Superintendent shall be subject to removal at any time by the City Council. Section 1-6. DUTIES OF THE SUPERINTEND NT. (1) Direct Cemetery. The Superintendent shall look after and take pro- per care of the Cemetery and see that no lot therein is used or occupied in violation of this Ordinance or of any rule or regulation promulgated by the City Council. (2) Collect and Turn Over Fees. i -ill fees and charges collected by the Superintendent for duties and services performed in connection with the Cemetery shall be for the use of the City and shall immediately be turned over by him to tike City Council. (3) Supervise Interment. The Superintendent shall see that all graves are properly dug and that the dead are properly entered therein in accor- uance with these rules and regulations. (4) Maintaining Order. The Superintendent shall see that order is maintained at all times on the Cemetery grounds, that all workmen are properly supervised and that any persons who violating any of the rules and regulations of the Ordinance or any other rules or regulations of the City of Ocoee or the City Council shall be expelled immediately from the ,emetery premises. (5) Lot Orders. The Superintendent shall give lot orders to the pros- pective purchaser who shall present said order to the City Clerk. Section 1-7. RULES FOR INTEWENT. No deceased person shall be interred in the Cemetery until the Superintendent has found: (1) That the dead person or someone on his behalf has obtained from the . City of Ocoee a deed to the plot in which the dead person is sought to be interred; (2) That the lot in which burial is to be made has been fully paid for; (3) That the person arranging for such burial has the right to the use of such lot; (4) That such lot is not used beyond its capacity; (5) That proper record is made of the name and age of the deceased per- son and of the exact location of the grave. Section I-8. LOT VtLUATION. The City Council shall place a value upon all unsold lots in the Cemetery, and shall record such valuations on an official map or plan of such Cemetery that shall be kept on file, open to public in- spection, in file office of the City Council. Such valuations shall be the fixed and established value of such lots and the price at which such lots shall be sold. (1) Method of Purchase. :',:ny person 6esiring to purchase a particular lot or lots, for the purpose for which it is intended, shall be permittee to do so upon payment of the prices fixed for such lot or upon making arrangements, according to rules and regulations that may be established by the ity Council for the purchase of such lot on an installment pla.. i"ll lots shall be solo sub ect to the rules anti regulations now in force or which may hereafter be adopted by the City Council and such lots .shall be used for no other purposes than the burial of the human dead. Any reg- ulations contained in this Ordinance, and any furture regulations, may be made a part of every deed or conveyance of any Cemetery lot and same shall constitute notice to the holder of said deed of all the restrictJ_ons con tained -in this Ordinance or any future regulations of the City Council. (2) From 'Thom Purchased. X511 Cemetery lots shall be purchases from the City of Ocoee through the City Clerk and said Clerk and Mayor must sign any conveyance of any Cemetary lots and affix the Seal of the C-ty of Ocoee to said conveyance. The City Clerk rz:a.y refuse to sell any lot, part lot or grave space to any person or corporation if such sale would be setrimental to the Cemetery or would violate any state law or any prohi- bition in this Ordinance or any other regulation of the City Council of the City of Ocoee. •`` Section I-9. OliNERSHIP AND TITLE TO LOTS. The terms '"Lot owner"or ownership" shall be construed to mean an easement and the right to use a lot as purchased from the City for a consideration for burial purposes �,,ns under the regulations as prescribed by the City Council for such use. '.11 lots are exempt from taxation and cannot be sie,ed for debts nor can they be mortgaged. Only such persons as names appear on the Cemetery records of the City will be recogni:ped as owners of their respective lots. The title to a. cemetery lot invests in the owner the right use sail lot for bur --al purposes only for themselves, their heirs or for any such person they way choose to admit, provided such admission is free of charge without com- pensation and _L accordance with the Cemetery regulations. Permission in writing from a lot owner must accompany a.11 requests for permits to bury pbrsons not members of the immediate -family. Section 1-10. RECORDS OF OWNERSHIP. The City Council shall keep full and complete records of the ownership of all lots in the Cemetery, of the burial capacity of each lot, solei and unsold, of the location of each grave, of the names of the persons buried in each grave that has been or shall hereafter be used, and of the date of burial of each. Section 1-11. CLIMY'TERY ,,CCOUNTS. The City Clerk shall keep full and de- tailed accounts of the receipts and expenditures on account of the Cemetery and at least four (4) times a year shall turn over to the City Treasurer all monies collected on such account. Payment for all lots must have been com- pleted before final interment of the dead. "11 monies from the sale of lots services and functions in connection with this Cemetery shall be paid to the ity Clerk who, pursuant to this regulation, shall deposit said amounts in he Ocoee Cemetery Fund in the Bank of West Orange, Ocoee, Florida, said account shall be used for the purpose of providing funds for the maintenence of said Cemetery, including but not limited to, the payment of salaries for the upkeep of the grounds and the installation or improvement or any struc- tures, shrubs or outbuildings on said Cemetery. Section I-12. REPORTS. The Superintendent shall make a bi-annual report on the condition of the Cemetery to the City Council providing said City Council will all information necessary so that it may better formulate a budget appropriate for the upkeep of the Cemetery grounds. Section I-13. CONDUCT IN CEMETERY. (1) 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 Chief of Police. (2) No person shall break or injure any tree or shrub, pick any flowers or mar any landmark, marker, or memorial, or in any way deface the grounds of the Cemetery. (3) No boxes, shells, toys, discarded glassware, sprinkling cans, recep- tacles or similar articles will be permitted on any grave, lot or tree. (4) Persons within the Cemetery grounds shall use only the established avenues, walkways and roads, and are forbidden to trespass on cemetery lots. (5) Children under sixteen years of age shall not be permitted within the cemetery or its buildings, unless accompanied by an adult. (6) No person may discharge a firearm in or adjacent to the Cemetery. This prohibition shall not apply to authorized volleys at military or other burial services. (7) No person may use any form of advertisement on cemetery grounds. (S) No person may consume refreshments or liquors within the Cementery or carry same into the premises. (9) No person shall throw rubbish or debris on walks, drives or any part of cemetery grounds. (10) Unauthorized persons shall not loaf, lounge, or otherwise use any of the grounds, graves or monuments in the cemetery, or in any of the •buildings thereon. (11) No loud talking shall be permitted on the Cemetery grounds within hearing distance of funeral services. (12) No money shall be paid the attendants at the entrance or on the grounds. The entire time of the persons regularly employed on the grounds belong to the cemetery; visitors and owners must not otherwise engage them unless authorized by the City Council or Superintendent. (13) Any person found on the grounds after dark will be considered a trespasser. (14) All orders, inquiries and complaints by visitors or owners must be reported to the City Council or Superintendent. See --ion I-14. STONES OR MONMIMMTt�L WORKS. The design, specifications and loc 1i n of markers, stones or monuments must first be submitted to the Super- intendent for approval before being ordered or placed and all markers in the new section of the Cemetery shall be made of bronze and shall be of a flat nature and further shall be orciereci and bought through the City of Ocoee. The Superintendent shall not prohibit individual taste in grave markers and shall deny an application only when it would be offensive to other owners or tenu to degrade the appearance of the cemetery; however, nothing con- tained herein shall prohibit the City Council or the Superintendent from promulgating regulations as to the future style of grave markers and monuments, particularly in the new section of the Cemetery. Section 1-15. PENALTIES. -Any,violation of the terms of this Ordinance or any of the regulations pertaining to the Cemetery premises shall constitute a misdemeanor and the penalty provided in the City Code of Ocoee for mise- meanors shall be applicable herein. 0 Section 1-16. SEPiTUABILITY. If any portion of this Ordinance is held to be invalid it shall be considered a separate part of said Ordinance and all the other portions shall be fully enforcable. DONE in open session at Ocoee, Orange County, Florida this 2/ day of A:August, 1968. W Praident of Counc i-,TTEST: CITY CLERX .&ipproved by the Mayor this day of August, 1968. 27 kUW OR q V11 CHAEL E. HAIAIIN C Gity Attorney of Griffin & Hamlin 800 Highland Avenue Orlando, Florida L