2611-82
ORDINANCE NO. 2611-82
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUPPLEMENTING TITLE II, ADMINISTRATION, OF THE
CODE OF ORDINANCES, CITY OF CLEARWATER, BY
ENACTING A NEW CHAPTER 29, MUNICIPAL CEMETERIES;
PROVIDING FOR MANAGEMENT AND SUPERVISION OF
SUCH CEMETERIES; PROVIDING FOR A SUPERINTENDENT
OF SUCH CEMETERIES AND DUTIES; PROVIDING RULES
OF INTERMENT; PROVIDING RULES AND CONDITIONS
ON USE; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, the City of Clearwater presently owns and operates a
municipal cemetery; and
WHEREAS, it is necessary to establish a code to govern its
operation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Title II, Administration, of the Code of Ordinances,
City, of Clearwater, be and the same is hereby supplemented by the enactment
of a new Chapter'29, Municipal Cemeteries, to read as follows:
Chapter 29, MUNICIPAL CEMETERIES
Section 29.01 Management and supervision,
(a) The responsibility for the management. operation,
maintenance, and general supervision of all municipal
cemeteries shall be vested in the Parks and Recreation
• Department.
(b) While reasonable precautions will be taken to prevent
. damage by vandals, etc.' , the City will not assume any
liability.for damage that occurs.
Sec tion 29. 02 Superintendent of municipal cemeteries.
(a) Appointment. The City Manager shall appoint a
superintendent of municipal cemeteries.
(b) - .Duties. The superintendent of municipal cemeteries
shall have the following duties;
1. To look after and take proper care of all municipal
cemeteries and see that no lot in any cemetery is
used or occupied in violation of this chapter or of
any rule or regulation promulgated by the City
Commission.
Ordinance 2611-82
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2. A minimum of twelve (12) hours notice shall be required
prior to any interment. The cemetery groundskeepers
will locate and stake the space to be used at no charge during
week days, but there will be a charge of $15.00 if this
service is performed on Saturday ii, Sundays, or holidays.
The groundskeepers will also remove excess dirt after
closing. The funeral directors will be responsible for
all openings and closings.
Section 29.03 Purchase and conveyance of lots.
(a) Lot valuation. Lots within the municipal cemeteries
shall have the following valuation:
All Baby Spaces . $ 45.00
All adult spaces in Blocks 1 thru lb $170.00
Except
Spaces in Lots 41 -.59, Block $100.00
16 (Adjacent to Railroad Right-of-Way)
(b) Method of purchase. Any person desiring to purchase a lot
or lots, for the purpose for which it is intended, shall be
permitted to do so upon payment of the lot valuation. There
shall be no discrimination in the sale of lots.
(c) Manner of conveying. Conveyance of burial lots shall be
by deed executed in the name of the City by the City
Manager, Mayor-Commissioner; City Clerk, and approved
by the City Attorney. Such conveyance shall be made
subject to the following conditions: (1) that the City shall
have.the right to'repurchase the lot at original purchase price,
less 1501o service or transfer charge; (2) that the grantee agrees
to use the lot only for burial purposes and to comply with all
rules and regulations applicable to the cemetery.
(d) Recordation of deed. At the time the City conveys any
burial lot, the City Clerk, in addition to collecting the
purchase price thereof, shall collect from the purchaser an
amount sufficient to have the conveyance recorded with the '
Clerk of the Circuit Court.
(e) Records of ownership. The City Clerk shall keep full and
" complete records of the ownership of all lots in the municipal
cemeteries, which shall include the burial capacity of each
lot, the location of each grave, names and ages of persons
buried in each grave, and the date of burial.
Section 29.04 Rules for interment.
No deceased person shall be interred in any municipal cemetery
-intil the superintendent, of municipal cemeteries has found:
(a) That the lot in which burial is to be made has been fully
paid for and burial permit issued;
(b) That the person arranging for such burial has the right
to the use of such lot;
Ordinance-2611-82 _ 2/41.82..
(c) That such lot is not used beyond its capacity. A
maximum of two (2) burials in one (1) space shall be
permitted provided at least one (1) person has been
cremated or is a baby; and
(d) That caskets under five feet (51) in length will not require
any vault or concrete receptacle, but any casket five feet
(51) or over shall require either a vault or an outside
concrete receptacle.
Section 29. 05 Restrictions and conditions on use.
(a) Above ground monuments, memorials, enclosures,
or plantings areprohibited.
(b) Flower arrangements may be located on the lot for a
period of seven (7) days following burial. At the end of
such time period, all such baskets, urns and remaining
flowers shall be removed.
(c) Receptacles for flowers shall be located at ground level
with no part of such receptacle being above ground.
(d) Bronze, marble or granite markers or tablets shall be
permitted; however, such markers or tablets must be
located flush with the ground.. Use of home made markers
is prohibited.
(e) Markers or tablets shall have the following dimensions:
Baby space markers
Adult single space markers
Double grave space markers
These measurements do not
Minimum of 5" wide by 81, long
Maximum of 1011 wide by 151f long
Minimum of 8" wide by 1211 long
Maximum of 1511 wide by 2411 long
Minimum of 811 wide by 20" long
Maximum of 15" wide by 4811 long
apply to government issue markers.
(f) Potted plants, wreaths and flags may be placed on grave
site in observation of Memorial Day for the period
commencing one (1) week before Memorial Day and
ending one (1) week after.
.(g) A temporary marker may be placed at each lot following
burial; however, such temporary marker may not remain
longer than one (1) year from date of burial.
Section 2. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 3. Should any part or provision of this ordinance be
: declared by a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the ordinance as a whole, or any part thereof other than
the part declared to be invalid.
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• 2611-82
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Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
Section 5. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING Sanuary 21, 1982
PASSED ON SECOND AND FINAL
READING AND ADOPTED February 4, 1982
Att?st-\
,
City Clerk
'e.? •' l . ".' • . Drdinance 2611-82
V
ayorr-Commissioner
le
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