HomeMy WebLinkAboutItem #08 Repeal and Replacment of Chapter 61 of the Code of Ordinances fo the City of Ocoee Governing Cemeteries be .enter of Good 4
dipoit
AGENDA ITEM COVER SHEET
Meeting Date: June 19, 2012
Item #
Reviewed By:
Contact Name: Al Butler If Department Director: Q, /4/
Contact Number: 407 - 905 -3100, ext. 1543 City Manager:
Subject: Repeal and replacement of Chapter 61 of the Code of Ordinances of the City of Ocoee
governing cemeteries —First Reading.
Background Summary:
The Ocoee City Cemetery was created on July 12, 1921, as a private effort when O.F. and Stella Sims
donated most of the original Lot 11 in Block 5 of the Ocoee development to the Ocoee Cemetery
Association. The cemetery plat was filed later that year and burial plots began to be sold; adjacent lands
were added and subdivided into plots over the years. Through a series of actions, the City Commission
became the cemetery association's board of directors. Eventually, references to the cemetery
association disappeared from the records and the City directly undertook the role of cemetery owner and
manager. Chapter 61 (nee Chapter 7) of the Code of Ordinances of the City of Ocoee was created in
1977 to establish the rules for operating the cemetery. It also addresses the manner in which burial plots
are sold. The current version of that Chapter was substantially adopted in 1989 with sections revised in
1992 and 1995. The last new burial plots were platted in 2001.
With all the plots now being sold and an increasing number of the city's residents choosing cremation
instead of burial, the City decided to add a columbarium in order to offer spaces for inurnment of
cremated remains. The columbarium is now under construction where a pavilion was previously located
in the southeastern portion of the cemetery. Changes to Chapter 61 are required to be able to manage
this new aspect of the cemetery operation. Also motivating changes to cemetery procedures is the
absence of records from earlier years of cemetery operation, with the result that there is little information
on the owners of hundreds of empty burial plots that remain from the years of the Ocoee Cemetery
Association. Under Florida law, abandoned plots can be declared vacated and sold again. More formal
methods of identifying those persons with burial rights are required.
Issue:
The City Clerk and the Parks & Recreation Department have proposed a series of revisions to Chapter
61, which governs operation of the city cemetery. In addition to accommodating the columbarium and
the process of reserving and using niches within the structure, modifications to the Chapter are proposed
to move many operating rules and regulations from the City Code to a separate document that can be
more readily revised to respond to changing regulatory requirements and citizen needs. The separate
rules and regulations document provides more specific guidance on the cemetery operation than can be
provided by the City Code. That document significantly expands the formal processes that govern the
identification of proper burial spaces and management of plot ownership and assignment, and
establishes the niche inurnment program.
1
Recommendations
The City Clerk and the Parks & Recreation Department recommend that the City Commission approve a
complete replacement for Chapter 61 of the Code of Ordinances of the City of Ocoee. Operating policy
changes are also being proposed in the implementing rules and regulations authorized by the
recommended revisions to Chapter 61. These rules and regulations are being offered in draft form for
information only at this time and are not proposed for adoption at this time. They will be formally
considered for adoption at a later date. The major policy changes proposed are:
1. The City will undertake responsibility for the burial and inurnment process. Doing so will provide
greater oversight of this vital function and provide a source of continuing revenue to partially fund
cemetery operations. The Ocoee City Cemetery is the only municipally owned facility in the area for
which the governing body does not perform or directly supervise grave opening and closing services.
It has always been included in the powers and duties of the Cemetery Superintendent to "see that all
graves are properly dug and that the dead are properly interred therein" and that "the person
arranging for such burial has the right to the use of such lot." It is difficult to carry out this duty without
direct authority over the persons performing the work. The required oversight will be enhanced in the
proposed implementing rules and regulations through a contractual arrangement between the City
and one or more qualified companies to perform the work. In addition, the scope of this duty is
expanded to include inurnments in the new columbarium and in cemetery plots. A Request for
Proposals will be issued by the City to solicit offers from qualified companies to provide interment and
inurnment services under contract to the City. Once the City Commission establishes one or more
such contracts, the City will become the exclusive provider of such services in the City Cemetery.
2. The duties of cemetery operation, generally assigned to the City Manager, are proposed to be split
between an Administrator, who is responsible for identifying the persons who own plots and have
burial rights, and a Superintendent, who oversees the field aspects of the cemetery. The City Clerk is
proposed to serve as Administrator and an employee of the Parks & Recreation Department would be
appointed to the Superintendent position.
3. Formal processes for complying with Florida statutory requirements regarding notice of address by
owners of cemetery plots and subscribers to columbarium niches are being added. These processes
include the ability for owners and subscribers to authorize persons to act on their behalf, change the
designated person(s) with burial and inurnment rights, and transfer ownership or reservations to other
persons. These processes also include the means for the City to recover control of abandoned plots
and columbarium niches after five years.
The first reading of the ordinance to modify Chapter 61 is proposed for the June 19 City Commission
meeting. The second reading and proposed adoption would occur at a future City Commission meeting
in August, at which time the rules and regulations and the proposed contract(s) for burial services will
also be presented for adoption by resolution. The RFP for burial services will be issued after the June
19 meeting, assuming acceptance by the City Commission of the general plan of action proposed.
Attachments:
• Proposed ordinance modifying Chapter 61 of the Code of Ordinances of the City of Ocoee, for first
reading;
• Proposed resolution establishing cemetery rules and regulations, provided for information only and
not proposed for adoption at this time;
• Proposed Cemetery Rules and Regulations, provided for information only and not proposed for
adoption at this time.
• Current Chapter 61 of the Code of Ordinances
2
Financial Impact:
Columbarium subscriptions, user fees, and the possible addition of inurnment burial plots in vacant areas
of the City Cemetery all have the potential to generate revenue from cemetery operations so as to better
provide funding for its preservation and maintenance. The price schedule and cost structure for burial
services and other elements of the proposed expansion of cemetery operations have yet to be
determined. An RFP is proposed to compile such information and to use it for establishing prices that
will be included in a future Rules and Regulations document. The City will also need to create a list of
approved burial products in cooperation with those companies with which burial service contracts are
established. The cost of burial services will paid by those entities making funeral arrangements.
Type of Item: (please mark with an "x")
Public Hearing For Cleric's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. �f r '� N/A
Reviewed by % Ors _�� , - q.' ' ) , - - , A '' �� N/A
�•�Nt / 1 i pQitt.
•
3
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REPEALING AND RESTATING CHAPTER 61 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE;
REPEALING CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 61 of the Code of Ordinances of the City of Ocoee
authorizes the City Commission of the City of Ocoee to manage and regulate the
operation of city cemeteries; and
WHEREAS, the City Commission desires to repeal and restate that Chapter to
provide greater oversight over Cemetery operations and to add provisions for
columbaria;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 Chapter C -8 of the City Charter and
Chapter 61 of the Code of Ordinances of the City of Ocoee, Article VIII of the
Constitution of the State of Florida, and Chapters 166 and 497, Florida Statutes.
SECTION 2. Amendment of Chapter 61. Chapter 61 of the Code of
Ordinances of the City of Ocoee is hereby repealed and replaced in its entirety with the
following language:
Chapter 61 — CEMETERIES
§ 61 -1. Authority.
The use and care of the Cemetery are subject to the management and control of the Ocoee City
Commission through this Chapter of the Code of Ordinances of the City of Ocoee and the Ocoee
Cemetery Rules and Regulations. The City Commission reserves the right to make, amend, and repeal
such regulations and policies, as it deems appropriate. The City may, at any time, amend or waive any of
its Cemetery Rules and Regulations
A. As a municipal facility, the Cemetery is exempt from licensure under the provisions of Chapter
497, Florida Statutes. However, since the Cemetery exceeds five (5) acres in total area, the
mediation procedure authorized under § 497.269(3), Florida Statutes, is available to plot
owners and subscribers.
B. The City, in its ownership, management, and operation of the Cemetery, does not deny burial
space to any person because of race, creed, marital status, sex, national origin, color, or
religion. There are no specifically designated spaces for use by persons whose religious code
requires isolation.
C. Under the authority granted by § 497.273, Florida Statutes, the City is the exclusive provider of
services related to the interment, entombment, or inurnment of human remains, including the
exclusive right to open, prepare for interment or inurnment, and close all ground, mausoleum,
and urn burials. The City is also the exclusive provider of initial preneed and at -need sale of
interment, inurnment, and all other burial rights within the Cemetery, and may establish
minimum standards for burial merchandise or the installation thereof.
§ 61 -2. - Management, operation and maintenance.
The Commission, through the City Manager and his designees, 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 that the Commission may impose.
§ 61 -3. - Establishment of rules and regulations.
The Commission shall establish, and adopt by resolution, the rules and regulations for the use of the
cemetery relating to:
A. Subdividing the cemetery into burial and inurnment plots and providing columbarium
structures for the storage of cremated remains.
B. The capacity of each plot and niche.
C. The location and specifications of grave spaces, monuments, borders, and other elements of
a burial site.
D. The specification, provision, operation, marking, and maintenance of niches for the storage of
cremated remains.
E. The price of burial and inurnment plots and columbarium niches.
F. Maintenance of the cemetery and all matters relating to its upkeep.
G. The conduct of persons on said cemetery premises for any purpose whatsoever.
H. The rights of plot owners to transfer ownership to another party and to designate the persons
with the right to use a plot.
I. The rights of columbarium niche subscribers to transfer a subscription to another party and to
designate the person with the right to use a niche.
J. Hours of Operation
K. Monuments
§ 61-4. - Superintendent; appointment and removal.
The City Manager shall appoint a Superintendent of the municipal cemetery. The Superintendent shall be
subject to removal at any time by the City Manager. The City Manager may choose to act as the
Superintendent of the cemetery and not appoint a second individual.
§ 61 -5. - Powers and duties of Superintendent.
A. Direction of cemetery. The Superintendent shall look after and take proper care of the
cemetery and see that no plot therein is used or occupied in violation of this chapter or of any rule or
regulation promulgated by the Commission.
B. Supervision of interment. The Superintendent shall see that all graves are properly dug and
that the human remains are properly interred therein in accordance with the rules and regulations
adopted by the Commission.
C. Supervision of inurnment. The Superintendent shall see that all columbarium niches are
properly opened and closed and that cremated remains are properly placed within the appropriate
niche in accordance with the rules and regulations adopted by the Commission.
D. Supervision of operations. The Superintendent or his designated representative must mark
the location for any interment, inurnment, or monument within a plot following the identification of
the appropriate grave space or inurnment site by the Administrator and the payment of any required
fees. Following the interment or inurnment of a deceased person, or the installation of a monument,
the Superintendent shall confirm that the action occurred in the appropriate location and in
accordance with any permit issued and these Rules and Regulations. Any noted issues shall be
promptly reported to the Administrator, who shall notify the decedent's authorized representative in
writing via certified mail regarding the nature of the issue(s), the time allowed for correction, and
other pertinent information.
E. Maintenance of 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.
§ 61 -6. — Administrator; appointment and removal.
The City Manager shall appoint an Administrator of the municipal cemetery. The Administrator shall be
subject to removal at any time by the City Manager. The City Manager may choose to act as the
Administrator of the cemetery and not appoint a second individual.
§ 61 -7. - Powers and duties of Administrator.
A. Cemetery records. The Administrator shall ensure the accuracy and integrity of the cemetery
records and see that no plot therein is used or occupied in violation of this chapter or of any rule or
regulation promulgated by the Commission. The Administrator is responsible for:
1. General: recording the purchasers of grave spaces, the subscribers of columbarium niches,
the persons legally authorized by owners and subscribers to represent their interests, and the
persons who have been assigned burial and inurnment rights by owners and subscribers.
2. Burial and Inurnment Plots: the maintenance of detailed records for the burial capacity of
each plot, sold and unsold; the location of each grave; the names of the persons interred or
inurned in each grave space; and the date of interment or inurnment.
3. Niches; the inurnment capacity of each niche, subscribed and unsubscribed; the location of
each niche; the names of each person for whom a niche subscription has been designated;
the names of the persons inurned in each niche; and the date of inurnment
B. Determination of burial and inurnment rights. The Administrator shall see that all burial and
inurnment rights are properly identified in accordance with the rules and regulations adopted by the
Commission. The Administrator is responsible for properly identifying owners of plots, designations
of grave space usage, subscribers to columbarium niches, and legally authorized representatives
and addressing other matters pertaining to the identification of persons with burial and inurnment
rights and the grave spaces and /or niches to which those rights apply.
C. Reporting. The Administrator has the responsibility to make reports and meet any other
requirements of State law, this Code, and applicable rules and regulations governing the property
and operation of the cemetery.
§ 61 -8. — Cemetery plots; ownership; title; records.
A. The ownership interest in a cemetery plot is in fee simple and provides the right to use a plot
designated in the cemetery deed for cemetery purposes only, together with the right and privilege of
interment or inurnment of human remains; provided that such use shall be subject to the provisions
of this chapter of the Code of Ordinances of the City of Ocoee and any and all ordinances,
resolutions, and regulations currently in effect and which may from time to time be adopted by the
Commission with respect to cemetery plots. Title to a cemetery plot may be evidenced by a
cemetery deed or by such other documents as may be acceptable to the Administrator. The grantee
under such evidence shall be deemed to be the "plot owner," unless otherwise indicated by the
records of the City. The title to a cemetery plot vests in the owner(s) the right to use said plot for
burial purposes only for themselves, their heirs, or for any such person they may choose to
designate; provided that, in the event that a person other than the plot owner is designated to be
buried or inurned in the cemetery plot, the plot owner shall not receive any payment or other
compensation in connection with the designation of the cemetery plot for the use of such other
person. Designation of burial rights from a plot owner, in writing, must accompany all requests for
permits to inter or inurn deceased persons who are not members of the immediate family of the plot
owner, and such designation shall comply with all ordinances, resolutions, and regulations of the
City and the State of Florida.
B. An easement is granted by the City to plot owners to access their plot(s) via the common area
owned by the City. An easement is granted to the City by the plot owner for the City to access the
plot and to perform those services necessary for the management and operation of the cemetery.
The City reserves the perpetual right of ingress and egress over all plots, and the City reserves the
right to change, modify, or replat any part of the cemetery not sold for burial purposes or which has
been subsequently abandoned by the private owner and ownership transferred to the City. The City
has the right, but not the duty, to repair or maintain any plot and to increase the size of any plot
already sold for burial purposes to conform with current lot size requirements so long as no charge
to the owner is made for such increased size and the enlargement does not infringe on any burial
plot owned by another private party.
C. To the extent permitted by law, all plots are exempt from taxation and cannot be seized for
debts, nor can they be mortgaged.
D. Cemetery plots may not be sold or transferred to a third party but may be returned to the City
for the original price paid. It is incumbent upon the owner of the plot to establish the price paid. If
the price cannot be established by the owner, then the Administrator may establish a price for the
purposes of returning the plot to the City based on historical research for sale prices of lots in the
same area or time frame.
E. Documentation of current ownership will be required for all transfers or for all designations and
authorizations of interment, inurnment, and other burial rights. Such documentation is the
responsibility of the owner(s) or such person who seeks to establish burial rights. The absence of
appropriate documentation will prevent the sale, transfer, authorization, or recognition of
interment/inurnment rights. The City will make no assumptions as to the intent of the original owner.
F. The use of any portion of an interment or inurnment space will preclude a subsequent return
of a plot to the City. The term "use" includes interments, inurnments, and /or the installation of a
memorial.
G. The Commission shall cause the City Manager or his designated Administrator to keep full and
complete records of the ownership of all plots in the cemetery as provided in section 61 -7A; t.
However, the Commission recognizes that the cemetery was acquired after numerous plots had
already been sold by previous owners of the facility and records at the time of acquisition were
incomplete.
H. Under the terms of § 497.286, Florida Statutes, as may be amended from time to time, owners
of burial plots are required to furnish the City with their residential address. A plot owner shall be
found to have abandoned ownership of all unused plots if the City is unable to contact the owner by
mail for a period of five (5) or more years. Abandonment proceedings may be instituted by the City
in the absence of timely notification of address by the plot owner to the City. The City shall retain the
right, but not the obligation, to seek authority from a court of competent jurisdiction to quiet the title
of any plot for which ownership is in question or for those plots deemed to have been abandoned
under the provisions of § 497.286, Florida Statutes.
I. Designation of use for each burial plot shall be made by the owner at the time of purchase for
purchases made on or after , 2012. Designations may be changed at a later
date by filing the appropriate forms with the cemetery Administrator.
J. Ownership of a plot or other burial right by a private party does not impose an obligation on
the part of the City to maintain any grave site.
§ 61 -9. — Columbarium niches; subscriptions; right of use; records.
A. Columbarium niches are acquired by subscription for the perpetual storage of a designated
person's cremated remains. A niche subscription in a columbarium does not confer any ownership
rights to the columbarium or the niche that is the subject of the subscription; the City remains the
owner of each columbarium and each niche contained therein. A niche subscription grants the
subscriber the perpetual right to use said niche for inurnment purposes only for themselves, their
heirs, or for any such person they may choose to designate; provided that, in the event that a person
other than the subscriber is designated to be inurned in the niche, the subscriber shall not receive
any payment or other compensation in connection with the designation of the niche for the use of
such other person. Designation of inurnment rights from a subscriber, in writing, must accompany all
requests for permits to inurn the cremated remains of a deceased person who is not a member of
the immediate family of the subscriber, and such designation shall comply with all ordinances,
resolutions, and regulations of the City and the State of Florida.
B. An easement is granted by the City to subscribers to access their niche(s) via the common
area owned by the City.
C. To the extent permitted by law, all niche subscriptions are exempt from taxation and cannot be
seized for debts, nor can they be mortgaged.
D. Niche subscriptions may not be sold or transferred to a third party but may be cancelled and a
portion of the subscription fee returned to the subscriber subject to the rules and regulations of the
City.
E. Documentation of the subscription will be required for all subscription cancellations inurnment
designations, and authorizations of inurnment. Such documentation is the responsibility of the
subscriber or such person who seeks to establish inurnment rights. The absence of appropriate
documentation will prevent the cancellation, designation, authorization, or recognition of inurnment
rights. The City will make no assumptions as to the intent of the original subscriber.
F. The Commission shall cause the City Manager and /or his designate Administrator to keep full
and complete records of: subscribers to niches in the cemetery as provided in section 61 -7A.
G. Under the terms of § 497.286, Florida Statutes, as may be amended from time to time,
subscribers of inurnment niches are required to furnish the City with their residential address
Correspondence mailed by the City to the subscriber at his or her last known address will be
deemed received by the owner seven (7) days after the correspondence is sent. Should such a
notice be returned due to the relocation of the subscriber or is otherwise undeliverable, the
reservation shall be considered to be terminated after five (5) years during which the subscriber fails
to timely provide a new mailing address to the Administrator. . Abandonment proceedings may be
instituted by the City in the absence of timely notification of address by the subscriber to the City. No
refund of any paid fees will be provided should a reservation be canceled in the manner herein
described.
H. Designation of use for each niche shall be made by the subscriber at the time subscription is
made. Designations may be changed at a later date by filing the appropriate forms with the cemetery
Administrator.
§ 61 -10. — Penalties for offenses.
Any person violating any provision of this chapter and its implementing rules and regulation shall, upon
conviction, be punishable as provided in § 1 -12 of Chapter 1, General Provisions, Article II, of the Code of
the City of Ocoee. Each day that such violation is committed or permitted to continue shall constitute a
separate offense.
§ 61 -10. — City cemetery.
The city cemetery is the facility located at 368 East Geneva Street, Orange County Parcel No. 20- 22 -28-
6141 -01 -000, consisting of 6.68 acres, more or less, which shall serve as the municipal cemetery of the
City. Unless otherwise noted, all rules and regulations adopted by the Commission governing the
operation and maintenance of cemeteries apply to the city cemetery. This cemetery is not a perpetual
care facility.
§ 61 -12 — Exemptions and modifications.
Special cases may arise in which the literal enforcement of any rule may impose unnecessary hardship.
The City Commission, therefore, reserves the right, without notice, to make exceptions, suspensions, or
modifications when, in its judgment, they appear advisable and temporary exceptions, suspensions, or
modifications shall in no way be construed as affecting the general application of this chapter.
SECTION 3. Conflicts. All resolutions, parts of resolution, or acts of the City
Commission of the City of Ocoee in conflict herewith are hereby repealed and
rescinded.
SECTION 4. Severabilitv. If any section, subsection, sentence, clause, phrase,
or portion of this Resolution 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 5. Effective Date. This Resolution shall become effective
immediately upon passage and adoption. PASSED AND ADOPTED this
day of , 2012.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON , 2012
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. .
, 2012.
SHUFFIELD & LOWMAN & WILSON, P.A.
By:
City Attorney
Municode C ii1 NT cote Page 1 of 5
Ocoee, Florida, Code of Ordinances » -» -» PART II GENERAL LEGISLATION -» Chapter 61 -
CEMETERIES »
Chapter 61 - CEMETERIES
[HISTORY: Adopted by the City Commission of the City of Ocoee as Ch. 7 of the 1977 Code
of Ordinances; amended in its entirety 9 -5 -1989 by Ord. No. 89 -22. Section 61 -13 added at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
& 61 -1. - Management. operation and maintenance.
4 61 -2. - Establishment of rules and regulations.
& 61 -3. - Superintendent: appointment and removal.
4 61 -4. - Powers and duties of Superintendent.
& 61 -5. - Interment.
61 -6. - Lot valuation and transfer.
4 61 -7. - Lot ownership: title: records.
$ 61 -8. - Accounts. [Amended 5 -2 -1995 bv Ord. No. 95 -15 11
4 61 -9. - Annual report.
4 61 -10. - Rules of operation. [Amended 4 -21 -1992 by Ord. No. 92 -041
4 61 -11. - Memorials. [Amended 4 -21 -1992 bv Ord. No. 92 -041
4 61 -12. - Permit reauired.
6 61 -13. - Penalties for offenses. [Added 9 -1 -1992 by Ord. No. 92 -201
§ 61 -1. - Management, operation and maintenance.
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.
§ 61 -2. - Establishment of rules and regulations.
The Commission shall establish rules and regulations for the use of the cemetery relating to:
A. Subdividing the cemetery into Tots.
B. The capacity of each lot.
C. The location of graves.
D. The type of plantings, memorials and markers that will be permitted for the proper and
most attractive development of the cemetery.
E. The purchase price of said lots.
F. The maintaining of the cemetery and all matters relating to its upkeep.
G. The conduct and regulations concerning persons on said cemetery premises for any
purpose whatsoever.
§ 61 -3. - Superintendent; appointment and removal.
http: // library. municode. com/print. aspx ?h= &clientID =143 23 &HTMRequest= http %3 a %2f... 6/14/2012
Municode CUKRENT Cbabr Page 2 of 5
The City Manager shall appoint a Superintendent of the municipal cemetery. The
Superintendent shall be subject to removal at any time by the City Manager. The City Manager may
choose to act as the Superintendent of the cemetery and not appoint a second individual.
§ 61 -4. - Powers and duties of Superintendent.
A. Direction of cemetery. The Superintendent shall look after and take proper care of the
cemetery and see that no lot therein is used or occupied in violation of this chapter or
of any rule or regulation promulgated by the Commission.
B. Supervision of 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. Maintenance of 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.
§ 61 -5. - Interment.
Burial within the municipal cemetery shall require 24 hours' notice. No deceased person shall
be interred in the cemetery until the Superintendent has found that:
A. 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.
B. The lot in which burial is to be made has been fully paid for.
C. The person arranging for such burial has the right to the use of such lot.
D. The capacity of any single lot in the cemetery is one person.
E. Proper record is made of the name and age of the deceased person and of the exact
location of the grave.
§ 61 -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
years. Any changes in valuation shall be established by ordinance or resolution.
( Current valuation. On July 19, 1988, the City Commission set the valuation of
the lots at $200 for city residents and $500 for nonresidents. Upon adoption of
this chapter, 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 the 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.
http: // library. municode .com /print.aspx ?h= &clientID =14323 &HTMRequest= h ttp %3a %2f... 6/14/2012
Municode I MT CO Page 3 of 5
C. From 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.
§ 61 -7. - Lot ownership; title; records.
A. 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 this chapter of the Code of the City of Ocoee and any and all ordinances,
resolutions and regulations currently in effect and 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 owners 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 that 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.
B. The Commission shall cause the City Manager to keep full and complete records of
the ownership of all lots in the cemetery, of the burial capacity of each lot, sold 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.
§ 61 -8. - Accounts. [Amended 5 -2 -1995 by Ord. No. 95 -15 n �]
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 moneys 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. All revenues received by the city for the cemetery, including funds received for the
purchase of cemetery lots, shall be placed in the general fund of the city and may be
used for such public purposes as may be designated by the City Commission.
§ 61 -9. - Annual report.
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.
§ 61 -10. - Rules of operation. [Amended 4 -21 -1992 by Ord. No. 92 -04]
http: // library. municode .com /print.aspx ?h= &clientlD =14323 &HTMRequest= http %3a %2f... 6/14/2012
Municode CiL) E cob Page 4 of 5
A. The cemetery will be open to visitors at all times between the hours of sunrise an
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 16 years of age shall not be permitted within the cemetery or its
buildings, unless accompanied by an adult.
F. Reserved. [Repealed 9 -20 -2011 by Ord. No. 2011 -014]
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 the
same into the premises.
No person shall throw rubbish or debris on walks, drives or any part of the 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.
L. Any person found on the grounds after dark will be considered a trespasser.
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 placed upon graves. 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.
§ 61 -11. - Memorials. [Amended 4 -21 -1992 by Ord. No. 92 -04]
A. Any violation of these rules shall result in the City Manager's notifying the owner of the
property, by certified mail or hand - carried notice with proof of service, requesting
necessary adjustments to comply with these regulations. After 30 days to correct the
violation with no response, the City Manager shall cause the correction to be made
and brought into compliance.
B. Memorials in all sections of the cemetery may be markers, stones or monuments.
C. 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.
§ 61 -12. - 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.
http: / /library. municode. com /print. aspx ?h= &clientlD =143 23 &HTMRequest= http %3 a %2f... 6/14/2012
Municode C.1YRREIST Co Page 5 of 5
§ 61 -13. - Penalties for offenses. [Added 9 -1 -1992 by Ord. No. 92 -20]
Any person violating any provision of this chapter shall, upon conviction, be punishable as
provided in § 1 - 12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee.
Each day such violation is committed or permitted to continue shall constitute a separate offense.
FOOTNOTE(S):
(7') 1 Editor's Note: This ordinance also provided as follows: "The Perpetual Care Fund heretofore established
pursuant to § 61 -8 of Chapter 61 of the Code of Ordinances of the City of Ocoee is hereby terminated. All funds in
the Perpetual Care Fund as of the effective date of this ordinance shall be transferred to the general fund of the city
and may be used for such public purposes as may be designated by the City Commission." (Back)
http: / /library.municode.com/ print. aspx ?h= &clientlD =14323 &HTMRequest= http %3 a %2f... 6/14/2012
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
RELATING TO CEMETERY RULES AND REGULATIONS;
PROVIDING THAT THIS RESOLUTION REPEALS ANY
PREVIOUS CONFLICTING RESOLUTIONS; PROVIDING 4 c2.-,
FOR SEVERABILITY; PROVIDING FOR CODIFICAT
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2 of Chapter 61 of the Code of Ordinances of the City of Ocoee
authorizes the City Commission of the City of Ocoee from time to time to adopt rules and
regulations for the operation of the City Cemetery by resolution; and
WHEREAS, the City is constructing a columbarium for the inurement of cremated
remains; and
WHEREAS, the present rules and regulations governing operation of the City Cemetery
do not include elements addressing the operation of a columbarium;
WHEREAS, the City staff has presented to the City Commission a recommendation to
establish rules and regulations for the City Cemetery; and
WHEREAS, the City needs to significantly modify its operating practices and fees
related to the City Cemetery in order to provide funds for its continued operation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Resolution pursuant to Section 2 of Chapter 61 of the Code of Ordinances of the
City of Ocoee, Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida
Statutes.
1
SECTION 2. Establishment of Cemetery Rules and Regulation. The attached
Cemetery Rules and Regulations are hereby established as the official guide for the operation of
the City Cemetery and the fees specified in the Rules and Regulations are hereby adopted.
SECTION 3. Supplemental to Previous Resolutions. The Resolution is supplemental
to all previous resolutions which have heretofore been or may be from time to time hereafter
adopted by the City Commission of the City of Ocoee pursuant to the provisions of Section 2 of
Chapter 61 of the Code of Ordinances of the City of Ocoee.
SECTION 4. Conflicts. All resolutions, parts of resolution, or acts of the City
Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Resolution 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 6. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
2
PASSED AND ADOPTED this day of , 2012.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON , 2012
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
, 2012.
By:
City Attorney
3
Ocoee City Cemetery Rules and Regulations
1 Definitions. The following terms have the meaning described below when used in these
Rules and Regulations:
1.1 "Administrator" or "Cemetery Administrator" is that person described in § 61 -6 of the
Code of Ordinances of the City of Ocoee and having the duties described in § 61 -7 of
that Code. The Administrator is the person appointed to serve as the Cemetery
Administrator for the purposes of implementing thes ' ules and Regulations.
1.2 "Burial Right" means the right to use a grave . r columbarium niche for the
interment, inurnment, or other disposition of < o-oosoo f @o =t� ains or cremated remains.
1.3 "Casket" means a rigid container that �� gned for th ;'a: sement of human
remains and that is usually construc, /, ood, metal, or .' ass, and is typically
ornamented and lined with fabric.
1.4 "Cemetery" is a place dedi . ted to and rmanent irate or inurnment
of human remains or cre ains. A c �,r may include landr earth
interment; mausoleum, vau r t . 4 interment, s lumbarium, ossuary, scattering
garden, or other structure or . . da =; •ispositi. ` cremated remains; or any
combination oft ... or more o
1.5 "City Cler �``�• e describe is % V .,C -28 of the Charter of the City
of Ocoee
1 6 " abed rticle IV of the Charter of the City of
:V%% ° /_ ; � the � +rity o ;te .:operat described in Chapter 61 of the
. lode of Or ¢x{ es o `�6 ity of •
1 7 barium" is cturuilding that is substantially exposed above the
gro...� nd that is in for inurnment of cremated remains in individual niches.
1.8 "Cremate c ains " Cremated Human Remains" are all the remnants of the
human body y y ;, v o �� r er the completion of the cremation process and may include
the residue of a r.. y 'gn materials, such as casket, bridgework, or eyeglasses, that
were cremated wi . ' human body.
1.9 "Cremation" is a mechanical or thermal process whereby a dead human body is
reduced to ashes and bone fragments.
1.10 "Cremation Urn Vault" or "Cremation Interment Container" is an urn designed for the
underground storage of cremated remains. Such an urn has a rigid outer container
composed of concrete, steel, fiberglass, or similar material. Cremated remains may be
placed directly within the urn vault; a separate internal urn is not required.
June 11, 2012 DRAFT 1
1.11 "Designation" is the process of assigning the right of burial or inurnment to a person
who is not the owner of a cemetery plot or the subscriber to a columbarium niche.
Absent a designation, the owner of a plot or the subscriber of a niche is assumed to be
the person for whom use is designated.
1.12 "Designee" is the person for whom a burial or inurnment right has been designated.
1.13 "Disinterment" is the removal of a dead human body, typically in a casket or other
container, from the earth or an aboveground interment.
1.14 "Entombment" is the process of placing a decease• o n's remains in an
aboveground mausoleum.
1.15 "Funeral" or "Funeral Service" means the.b ance � ices, or ceremonies held to
commemorate the life of a specified d- € `; • human bee '`.' d at which the human
remains are present.
1.16 "Grave Space" is an entire plot or a de' ed po of a multi.. }. .ace plot set
aside for the interment of an remains a, space proved area of
ground for the burial of o t in a vault cremation urn vau
1.17 "Human Remains" or "Rema':;f ' is ' dy of a .° , sed human person for which a
death certificate ■ fetal death :=.; ficate .= fired E ��, State law and includes the
body in any a ompositi i "? As the'*' will typically refer to the
contents O _ or
1.18 " Inurnment" r to theo: acement o urn containing cremated remains above
g R £; a niche t� '�� z: .• in a �� ation urn vault.
A
1 nterment to t , cement . sket containing the remains of a deceased
son in a gra ; ce, a '� a burial
1.20 "Le"a),,,. Authorize. son o '44 egally Authorized Representative" is a person
define 1, er § 497.06.:;:,3), Florida Statutes; i.e., is authorized by an owner,
subscribe 4 : h� as act on their behalf
1.21 "Mausoleum'' i P c.i'�t re or building that is substantially exposed aboveground and
used for the inte '' ~ nt of human remains.
1.22 "Memorial Service" is a service that recognizes the life of one or more persons at a
time subsequent to a funeral.
1.23 "Monument" is any product used to identify a gravesite or serve as a cemetery
memorial of any kind, including monuments, markers, lights, mementos, and vases,
which may be permanent or temporary in nature.
June 11, 2012 DRAFT 2
1.24 "Niche" is a compartment or cubicle for the permanent placement of an urn in a
columbarium.
1.25 "Occupant" is an individual who has the right to have his or her remains placed in a
niche or grave space.
1.26 "Plot" or "Burial Plot" is a rectangular area containing one or more grave spaces and is
the smallest area of ownership within the Cemetery.
1.27 "Plot Owner" is an individual who has acquired a plo mom the original or subsequent
owner of the land. The plot owner is the current o o f the burial plot. Any
references herein to plot owner includes any de alternate or legally authorized
person unless otherwise apparent from the w4`"
1.28 "Resident" is a person who presently r .di in the City • oee.
1.29 "Subscriber" is an individual who h' ••d all fees for the rese •n of a niche. Any
references herein to subscriber include ''-i design; -., alternate otherwise
apparent from the wording
1.30 "Subscription" is the perpe fi �, • use a co 't! w ium niche for the storage of a
deceased person's cremated r . in / urn. Th � applies to both the
preservation of a ture right o an. Subscriptions are
permanent u �, r w ated un• ` 5 ne of ° � �� sion ° these Rules and
Regulatio
1.31 "Superintended "Ce 1 ery Super dent" is the person described by § 61 -4 of
t ,a,� •f Ordi t ;� °��.. �', of 0�, with the powers and duties provided in §
ddd � p ° idd x ;
de �s �uperm ,r 3 is .,.- mployee of the City.
d do ' � d ,, � aax
1 3 `` " is a devi „ ece •a for permanently storing and encasing cremated remains
• lumbarium ;� As herein, an urn is a container into which cremated
rem 11`x, ay be plac ' e nd clo in such a manner as to prevent leakage or spillage of
the re A crema, urn vault serves as an urn for underground inurnment.
!d a�
1.33 "Vault" or Container" is a reinforced structure typically constructed of
concrete, steel, ° = ss, or other rigid material and designed to support the weight of
earth overlaying a'rurial site. A single casket is placed in a vault.
2 Authority.
2.1 The use and care of the Cemetery are subject to the management and control of the
Ocoee City Commission through Chapter 61 -1 of the Code of Ordinances of the City
of Ocoee and these Rules and Regulations. The City Commission reserves the right to
make, amend, and repeal such regulations and policies, as it deems appropriate. The
City may, at any time, amend or waive any of its Cemetery Rules and Regulations
June 11, 2012 DRAFT 3
upon direction of the City Manager. Waiver of any rule or regulation does not
constitute a continuing waiver with respect to any situation arising thereafter.
3 Cemetery Plots
3.1 A plot owner has the right to inter or inurn the remains of one (1) person in a cemetery
plot he or she owns. A plot consists of one grave space that may contain the remains of
a single deceased person, as designated by the plot owner and as applicable and subject
to the restrictions provided below. The remains oft -`: esignated person may be
contained in a casket and buried in a vault below • = f� - o . or entombed in a mausoleum
above ground within the plot. Alternatively, th ;: ated remains of the designated
person may be buried in a cremation urn va a .•� bed in a mausoleum within the
plot. supply q
lot. The City does not su 1 the re uir ,r, t e . n urn vault , or mausoleum
����
but does maintain a list of approved va �; d su; orm the public.
3.2 Ownership of a plot may be volunta' ansferred to the City, �• may reimburse
the owner in an amount equal to the orr �% purc . rice, as p - d in § 61 -8 D of
the Code of Ordinances In ,! a absence of � ;� h � :roof of the ac € ;;'rice paid, as
determined by the Admin the price V all be used as the amount to be
reimbursed. • • •
•
° d
3.3 A plot owner ma designate th �•ht t t owne��`� ;�s ° e space by any person.
Such a perso 'o 'P ee, may trans t o to a third party. Right of
occupancy'``•e de ` :t ..trated t executed by the plot owner
granting th ;'.. •t for th s R ed indi F to utilize ' e grave space upon death. Either
r
the owner or 4 �t .i ee m , nd the rig use through a notarized document
+ the ases = e as of 2012, shall
;" " atio `a me o :`" Y , e
.; °°
3 4 * c h plot owne s aut ':";: ::...... another person to make or change designations or take
• 1 in cas illp ; plot dies or becomes incapacitated. Such an
aut tion must b '� . de in ;'% ing to the Administrator and the signature of the
owner'`° s • such act, � must be notarized, and may be revoked or modified by the
owner in,, y me m r at any time Such a person will be treated as a legally
authorized r.' e � , ;S:
3.5 The City permits '' e interment of the inurned cremated animal remains of the
decedent's pet or pets with the decedent's human remains or cremated remains in a
plot, provided the human remains and cremated animal remains are not intermingled
and the interment with the cremated animal remains is with the authorization of the
decedent or other legally authorized person acting for the decedent. For example, the
cremated animal remains may be placed in an urn and the urn placed in the casket of a
deceased person for burial.
June 11, 2012 DRAFT 4
3.6 Monuments in all sections of the cemetery must be markers, headstones, or flat ledgers
and must be made of bronze, marble, or granite. A monument to a plot may be added
upon the granting of a permit to do so by the Administrator following acceptance of the
proposed monument and payment of the appropriate fees. In considering whether to
grant the permit, the Administrator shall determine if the monument is compliant with
Cemetery Rules and Regulations. Should the Administrator reject the application, the
applicant may appeal the decision to the City Manager. Should the City Manager
affirm the decision of the Administrator, the applicant may appeal the decision to the
City Commission. All facilities, markers, and monuments installed in or on a plot are
the property and responsibility of the owner, as prove ..,:: in 61 -8 J of the Code of
Ordinances.
3.7 Only the City and /or its authorized agent(s) interment, inurement, and
other services related to the cemetery. A :_ :: from the
Administrator for all such services. AV.'
3.8 Permission to inter or inure the rem °X, f a deceased person iM ave space must be
secured from the Administrator at least ours i ° ance of th ° : acipated date and
time for such an event.����;F`"
3.9 The City reserves the right � mprovem�`o a plot for compliance with these
Rules and Regulations, confo *: .;a J c ``w other ap'i;1J, ble laws, and consistency with
any City permit • nted for the �a� rove houl+ , s lems be found, the plot
owner or aut ' ed p 4 be r ied of the deficiency in
writing by dmin P ar and g + ed p o : . f „ ±f time for corrective action to
be taken • st to co t any iss °� ill be the re pponsibility of the decedent's
authorized rep +tativt allure to to e required corrective action within the
+erio+ 'a: t€ e s a c s ''' under the provisions of Chapter 7
Ocoe s
3.1 t .. monstrating +` A of t ` < ', grave space to use a raves ace for the interment or inurement of
a' ased person ains ; responsibility of the person seeking to use the space.
"
The ' inistrator �+ etermi a- the manner of demonstrating the right of use and
accept- + evidence ay be presented in order to determine whether to issue a
permit tot .. e a giv e = rave space.
3.11 Due to income rds prior to the city's ownership of the cemetery, the City
cannot confirm or'+'efend the ownership of any plot or burial right. Providing evidence
of plot ownership or burial right within a grave space is the responsibility of the person
seeking to establish such ownership or right. The Administrator may determine the
manner of demonstrating plot ownership, accept such evidence as may be offered to
demonstrate ownership, and reach a determination as to ownership for the purposes of
managing the Cemetery and the use of plots and grave spaces. In general, proof of
ownership must be demonstrated by a deed, probated will, or notarized bill of sale.
June 11, 2012 DRAFT 5
3.12 Each plot owner is required to provide the City with his or her residential address at all
times, as required by § 497.286, Florida Statutes. Failure to do so will result in an
assumption of abandonment by the owner as provided in § 61 -8H of the Code of
Ordinances.
4 Columbarium Niches.
4.1 A columbarium niche may be used to inurn the cremated remains of a single deceased
person. A subscription entitles the subscriber or a de7 ated person to use the
identified niche in perpetuity, subject to the limita r ' `sted herein. Any subscriber
obtaining more than one niche must designate E Hof purchase the person(s) using
each niche as provided in § 61 -9 H of the C. 3. ,'�0d. :F p s ances. The subscription fee
does not include the cost of cremation or = °'`and a ,,'ty has no involvement with
the cremation process. 1•
n
4.2 Each subscriber may authorize anot _ rson to make or cha J: - signations or take
other actions in case the subscriber die ti �, ;�ecome apacitate ° 4 :,. ch an action must
be made in writing to the A • inistrator a r``. F`` re of the sub r -r making the
appointment must be not.r ny such as ent may be revokes or modified by
the subscriber in the same time.
�Fs
4.3 Once a niche has seen utilized nu S 3� e subt'�a r may seek permission from
the Administ 1.? a a „, ove the ° w ; ated f ��, s rigs %, inurned and inurn a
different 1 us';, *ayment cri cs�� a . The normal fee to open a
niche shall e °. when t . remated *ns are rem' ° ed.
4.4 S � a sub // • er prior to inurnment and thereby released
a sub °° ° .IX„ : b : nceled in the manner herein described, a
.;; %` ' and equa ' , #„ on . t , „subscrip Pz e shall be refunded to the subscriber.. .
4.5 Vk 'scriber may * : perm s, to remove the cremated remains originally inurned
ans el the subsc `;on. Sh'a d a subscription be canceled in the manner herein
descri � refund eqW,i, to the original subscription fee shall be refunded to the
s uction $200 for each year in which the niche
year or part of a
subscribe ` v � •ect to �,� y p y
was used to %�.� c e jed remains. The normal fee to open a niche shall apply when
the cremated re�� 1 '” . e removed.
4.6 Inurnment of cremated remains in a niche requires the use of an urn. The
Administrator shall approve any urn used prior to inurnment. The City does not supply
the urn but does maintain a list of pre- approved urns and suppliers to inform the public.
Other urns not on the pre- approved list may be accepted by the Administrator for use in
a niche upon application and payment of the required fees.
June 11, 2012 DRAFT 6
4.7 Each subscriber must notify the Administrator in writing of changes to his or her
residential mailing address and phone number as provided in 61 -8G of the Code of
Ordinances. .
4.8 No remains may be inurned in a niche except those of the subscriber or the person
designated by the subscriber for that niche. A subscriber may declare or modify the
designated user at any time prior to inurnment upon written application to the
Administrator. A subscription cannot be sold or otherwise transferred to a third party
by any subscriber; subscriptions may only be canceled.
4.9 Permission to inurn the remains of a deceased per ? st be secured from the
Administrator at least 24 hours in advance of t s ipated date and time for such an
event. Permission may be granted only upo ,,.. o f - :r= approval of the appropriate
permit with the cemetery Administrator '"Ii*?'
4.10 If corrective action is required for ai . u ; :v thorized change cost to correct such
issues will be the responsibility of t^ edent's legally autho, " representative.
4.11 The only type of monumen .ermitted for 1 :° e plaque provr .. inscribed, and
installed by the City. T '?" F '�.f the plaqu' 1 'W:' s inscription and in' allation are not
included in the reservation niche. T a . scriber must notify the
Administrator in writing of a within 12 months of
installation. Sho a change b sire d F �laqu cription other than to
correct an e ����A criber o � hors ���, ntat ��.f the occupant must
submit an s :: , ation so and
4.12 The City shal ��- avor %0 rotect the y , ated remains and urns during the inurnment
p
a'°� � e pla• d° � � ���, ����.ariu °�F tit shall have no responsibility for failure
ld th d through a natural or manmade disaster,
d�� e City wi � uch%�.n as it . .Ippropriate to recover, identify, and protect
rned remain ould impossible or impractical for the City to repair and/or
rr
e the colum i , as ® t d a be determined by the City, the Administrator will
see ontact the s %. riber, Fa wn alternate, occupant's legally authorized
repres ° °r A eve or knox is descendant to accept the cremated remains for inurnment at
another .n. Sho . ' :
i no such person be found or such person not timely respond to
d
the notificat i to ,- e,4, may respectfully place the cremated remains in an alternative
location and re si 'e°umentation of such action as a public record. In no case shall a
refund of fees be `: de as a result of the City's inability to operate the columbarium
due to damage or loss, as hereinabove described.
4.13 The City, while making repairs or improvements to the columbarium, may temporarily
remove cremated remains. Otherwise, remains may only be removed with the written
consent of both the City and the subscriber, the occupant's legally authorized
representative, or when required by law or a court order.
June 11, 2012 DRAFT 7
5 Residency.
5.1 Residency pricing applies to the purchase of a cemetery plot or the subscription of a
columbarium niche from the City when the person seeking to purchase the plot or
subscription is a city resident, as defined above. A designee must be established for
each plot purchase or niche subscription at the time it is acquired.
5.2 Residence may be established by showing a deed, utility bill, voting card, driver's
license, or other records that include the name, date, and address of the person seeking
to establish residency and covering the period of tim r ; r which residency is being
established.
Residency, once established, is not affected . ;equent relocation of the
occupant. The occupant need not reside i ', h < >_:� ity a " ime of death once residency
has been established.
6 Standards.
,crr :• r �r
6.1 A standard grave space for i e interment ceased perso /` casket
contained in a vault shall at least 42 eft wide and 96 niche'' ong; these
dimensions shall constitute ,;� 9 " ¢l;; gum allow r � oF . ace for interment of a deceased
person. Spaces defined prior ,1 c ' r ' 2005, required to meet this standard.
Only one person . ma a be interr % ff �� suc� e. An - e- ground monument must be
placed withi s pace.
aer
6.2 A standard . space he in `" : `s f a single e• eceased person is 42 inches wide
and 48 inches'�s thes ensions f%r constitute the minimum allowable space for
i of a d o F ,�� ,, a plo ly one person may be inurned in such a
monu 13 st' placed within the grave space.
r
6 3 i a ch casket int; in th s' etery must be enclosed in an approved underground
°1.;" r abovegro ' i auso
a.r.
6.4 The m 9. m amoun r ;: earth covering a vault or cremation urn vault is 12 inches.
.PQ�
6.5 No tree or s �� , planted on any plot. The only permitted permanent vegetative
material is sod '>
6.6 All monuments must be constructed bronze, granite or marble. The location of all or a
portion of a monument within a grave space shall preclude the use of that space for the
interment of deceased person if the resulting area of ground is less than minimum space
stated above.
6.7 No boxes, shells, toys, glassware, sprinkling cans, receptacles, or similar articles will
be permitted on any grave, lot, or tree.
June 11, 2012 DRAFT 8
6.8 No person may use any form of advertisement on Cemetery grounds.
6.9 Flowers and other symbols of tribute may be placed upon graves. Symbols of tribute
may include fresh or artificial flowers, wreaths, potted plants or baskets. Except for the
funeral service, arrangements should be placed on the grave space only. The use of
candles is strictly limited to. funeral services and memorial services and may be
prohibited due to dry conditions and for other reasons. The area surrounding graves
should remain clear for maintenance. The City will remove arrangements that become
wilted, faded, or unsightly.
: ,
7. Fees and Charges. 4....;.:
'`
[The products and services shown below are p1 ace . A We need to establish our costs
for the work prior to formally proposing prices. y � . 0 i.t is anticipated that resident
fees for products and services from the City `ri mower, �� o -pt that when the products
and services are provided by a third party, .,;, here will h :5 • e no resident discount
due to a fixed out -of- pocket cost to the I
. „, fir
rest , 4 'sident �°� -.
Product or Service , �. Price . Price Notes
Purchase Cemetery Plot r! '' r „,,,,ti. . Use Form 61 -A; City
Attorney to prepare and
..t::::.:: �'� record deed
Reserve Columb ` " �' :'
1 �� A �� ����� ”" �� ,. A ae
EMMEM=P;:ii::;:::, I.:: ,::•''
Disinterment s ,.I.�; ;`w
R �es„ rs 5 ✓
Pe '; Insta Mon ,: oe �� :g=
Staff o it e required �` eel ` %
intermen A . LIrnment sc it..,." ,ule "�.
(ni • hts, weer ;,,o , holiday
''
Transfer burial oo to a ..;;,� . e rson
`
Record a burial ri '" da 5.
reservation with Or . o unty
Records
8 Cemetery Hours.
The Ocoee Cemetery is open to the public during daylight hours every day of the year. Any
person found on the grounds after hours without City authorization will be considered to be a
trespasser and treated in the manner of any other person found in a City park after hours.
9
June 11, 2012 DRAFT
9 Conduct of Persons in the Cemetery.
9.1 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.
9.2 Persons within the cemetery grounds shall use only the established avenues, walkways,
and roads and are forbidden to trespass on Cemetery plots.
9.3 Children under 16 years of age shall not be permitted within the Cemetery or its
buildings, unless accompanied by an adult.
9.4 No person may consume alcoholic beverages w �s `, e Cemetery or carry the same
p Y g Y Y
rr r�rr
into the remises except as part funeral
of a ���
p p p
9.5 No person shall throw rubbish or debriWalks, drives; y part of the Cemetery
° rr�r
grounds.
9.6 Pets of any kind are strictly forbidden i��'`i Ceme�
� r
rr rrf�
e°" r
10 Cemetery Records. , 53e
To the extent permitted by the reco .vi o the � se Administrator shall keep a
.o.�r
record of every owner 0 d designee clAzach c - ;, 4;It plot 4, remation niche as provided
r
in § 61 -6.
�ar rr y .,,��r
4 . 40 44 .r sr r .'r` '`�r�;,�°
r �r rr ' ` rr r
r r r
o,r F
r rr r�Y
;r r
June 11, 2012 DRAFT 10