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HomeMy WebLinkAboutOrdinance 89-22 r ORDINANCE NO. 89-22 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 AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: . SECTION authority to Constitution Statutes. 1. The City Commission of the City of Ocoee has the adopt this Ordinance pursuant to Article VIII of the of the State of Florida and Chapter 166, Florida SECTION 2. The present Chapter 7 of the Code of Ordinances is hereby amended to read as follows: Sec. 7-1 Management to be by Commission. The commission, through the city manager, shall manage, operate and maintain the municipal cemetery subject to any limitations and restrictions set forth herein or contained in applicable law and subject to any future regulations which the commission may impose. Sec. 7-2. Power to establish rules and regulations. The commission 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 p1antings, memorials 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. Sec. 7-3. Superintendent-Appointment; removal The city manager shall appoint a municipal cemetery. The superintendent removal at any time by the city manager. choose to act as the superintendent of appoint a second individual. superintendent of shall be subject The city manager the cemetery and the to may not Sec. 7-4. Same-Duties. . (a) Direct cemetery. The superintendent shall look after take proper care of the cemetery and see that no lot therein used or occupied in violation of this chapter or of any rule regulation promulgated by the commission. and is or (b) Supervise interment. The superintendent shall see that all graves are properly dug and that the dead are properly interred therein in accordance with these rules and regulations. (c) Maintain 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 violate any of the rules and regulations of the chapter or any other rules or regulations of the City shall be expelled immediately from the cemetery premises. -1- Sec. 7-5. Rules for interment. Burial within the municipal cemetery shall require twenty-four hours notice. 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 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 the capacity of any single lot in the cemetery is one person. (5) deceased That proper record is made of the name and age person and of the exact location of the grave. of the Sec. 7-6. Lot valuation and transfer. (a) Commission to set value. The commission 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 inspection, in the office of the city clerk. A review of said valuation shall be done by the commission at least every two (2) years. Any changes in valuation shall be established by ordinance or resolution. (1) Current valuation. On July 19, 1988 city commission set the valuation of the lots at $200.00 for city residents and $500.00 for non-residents. Upon adoption of this ordinance no free lots will be provided to any citizen, whatsoever. (b) Method of purchase. Any person desiring to purchase a particular lot or lots, for the purpose for which it is intended, shall be permitted to do so upon payment of the prices fixed for such lot. All lots shall be sold subject to the rules and regulations now in force or which may hereafter be adopted by the commission and such lots shall be used for no other purposes than the burial of the human dead. Any regulations contained in this chapter, and any future 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 restrictions contained in this chapter or any future regulations of the commission. (c) Prom whom purchased. All cemetery lots shall be purchased from the City through the city clerk and said clerk and mayor shall sign any conveyance of any cemetery lots and affix the seal of the City to said conveyance. Sec. 7-7. Ownership-Title. . Title to a cemetery lot shall be evidenced by a cemetery deed from the City. The Grantee under such cemetery deed shall be deemed to be the "lot owner", unless otherwise indicated by the records of the City. The "ownership" interest in a cemetery lot constitutes an easement and right to use a lot designated in the cemetery deed for cemetery purposes only together with the right and privilege of burial and interment for the lot owner; provided, however, that such use shall be subject to the provisions of Chapter 7 of the Code of Ordinances of the City of Ocoee and any and all ordinances, resolutions, and regulations currently in effect and -2- . which may from time to time be adopted by the City of Ocoee with respect to cemetery lots. To the extent permitted by law, all lots are exempt from taxation and cannot be seized for debts nor can they be mortgaged. The title to a cemetery lot vests in the owner the right to use said lot for burial purposes only for themselves, their heirs or for any such person they may choose to designate; provided, however, that in the event a person other than the lot owner is designated to be buried in the cemetery lot, the lot owner shall not receive any payment or other compensation in connection with the designation of the cemetery lot for the use of such other person. Designation in writing from a lot owner must accompany all requests for permits to bury persons not members of the immediate family of the lot owner and such designation shall comply with all ordinances, resolutions and regulations of the City with respect to the cemetery and cemetery lots. Sec. 7-8. Same-Records. The commission complete records of the burial capacity of each grave, of that has been or burial of each. shall cause the city manager to keep full and the ownership of all lots in the cemetery, of of each lot, sold and unsold, of the location the names of the persons buried in each grave shall hereafter be used, and of the date of Sec. 7-9. Accounts and Perpetual Maintenance Fund. (a) The city manager shall keep full and detailed accounts of the receipts and expenditures on account of the cemetery. Payment for all lots must have been completed before interment of the dead. All monies from the sale of lots, services and functions in connection with this cemetery shall be paid to the city clerk pursuant to this regulation. (b) In an effort to guarantee the perpetual maintenance of this cemetery, the city commission hereby establishes a perpetual care fund. As of fiscal year 1990 and until such time as sufficient funds have been set aside in a bank fund, all revenues received by the City for the cemetery shall be deposited in that said named fund to guarantee that the yearly interest gained by said fund shall be sufficient to maintain the cemetery in perpetuity. Sec. 7-10. Reports. The city manager shall make an annual report on the condition of the cemetery to the commission providing the commission with all information necessary so that it may better formulate a budget appropriate for the upkeep of the cemetery grounds. Sec. 7-11. General Rules. . the at the (a) The cemetery will be open to visitors hours of sunrise and sunset. Permission any other time must be obtained from the city manager. at all times between to enter the cemetery superintendent and/or (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, cans, receptacles grave, lot or tree. shells, toys, discarded glassware, sprinkling or similar articles will be permitted on any -3- (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. (m) should All orders, inquiries and complaints by visitors or owners be reported to the superintendent or the city manager. (n) Flowers and other symbols of tribute may be temporarily placed upon graves. The receptacles for these flowers must, however, be a flush mounting device as a part of the memorial or disposable. 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. (a) The superintendent or the city manager may designate sections of the cemetery where the design of memorials shall be limited to flat markers which shall not protrude more than two (2) inches above the ground. No posts, chains, fences, slabs, rocks, gravel or other materials may border or cover graves. . (b) 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 marker or other materials to be adjusted, replaced or removed to comply with these regulations. After thirty (30) days to correct the violation with no response, the city manager shall cause the marker or other materials to be removed, and brought into compliance. (c) Memorials in all sections of the cemetery other than those designated by the city manager or superintendent pursuant to subsection (a) above may be markers, stones or monuments. (d) Memorials with detachable/flush mounting perfectly acceptable for use in the cemetery. vases are -4- (e) 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) This section will not be interpreted to be retroactive. It does not affect those monuments already in place. Sec. 7-13. Permit required. A permit must be obtained and a fee paid before placing a memorial in the cemetery. Placement of the memorial shall be done under the supervision of a city employee. . SECTION 3. 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. This ordinance shall take effect immediately upon its final passage and adoption. APPROVED: CITY OF OCOEE, FLORIDA -:;L 2. L Clerk THOMAS R. ISON, Mayor Advertised Auaust 24 Read First TimeAuaust 15 Read Second Time and Adopted September 5 , 1989 , 1989 , 1989 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS T~~M AND LEGAL~th~') day of ~'-'.? ,1989. FOLEY & LARDNER, VAN DEN BERG, By:At!:J~' ~m City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON S6-P~~ ~ ,1989 UNDER AGENDA ITEM NO. vr. A- I . -5- ---