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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 CL E ARWATE / I,?t'Y1rw+t11'r.1`In.'iiri. (:eras 9FA'FF OF FLORIDA COUNTY O !tlNf:M ASt lirfrt'x• d+r t+++drtM.}Kai'ti lrnthnrit? lrrr,uantly ulgrrnnvl ?hr it 144. ctti-m,41 sell" %Smnry¢rr tit thr 1:I1-nr-Wr S111. M • I'itsrfitt+ I mutsq, I''Itrrlrittt 11+r1t 1}11• r1111tt•11tM11 M rity tit 111141'r11.1 Notice .ordinance No, 2583-81 etc, .............................................. I i In ilid- ,.,..... SCXXX ......................... S 3a31uAry kxfd »rr.,,pulYrrln ehe• 1.+ur0 oil .... , ... . . ............................................ Alfhim fterthrr .u)k tttitl tics` %hit$'.IrurMtltrr Still I• 1'inrlletk I erur11y, VlarWis, tent? 111114 tht• .041 w-A.Itw}wt• Iw% rartr dnr tend Tut, In•r1t a-mvrml i !'•loritht (: ant tt 11I { . y, rtk lr +tr I7rurkutrr, iu .+tid I1lttriht% 1 ntniy, Plurldit, fur it prriud of thr uttnrhril rlrpy elf ntMrrti,e•pY+vut 1sn+l xffiani fortili arty firm or ror N,rudun na) 01.runttt, rO ttr, rot thi, lttlsrrtf,tm•nt for Imblirntlmt lit thl• pOrT 111•M.lillirl•ra I swlrrn I+r am1 ktt}p-rrllxaf IMfurr tilt- ' rit}.. S.Bth ........... Ylm of . .2'a nip ry. 1 S _ r ! • hotYtrt t15? t4OTARY PUBLIC STATE OF FLO! S ti-3t1'1 MY COraMMICI# EXPII'.LS A BOND1.U 111AU GLNLeAL RAS , •li i 1. ? 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. - 3-. • 2611-82 • 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 1 -4-