Gasque, BradClearwater
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City of Clearwater, Florida
Official Records & Legislative
Services Department
Phone (727) 562-4090
Fax (727) 562-4086
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Chapter 11 CEMETERIES*
*Cross references: Littering on public lands, § 21.02; streets, sidewalks and other public places generally, ch. 28.
Sec. 11.01. Management and supervision.
Sec 11.02. Purchase and conveyance of lots.
Sec. 11.03. Rules for interment.
Sec. 11.04. Other cemetery rules.
Sec. 11.01. Management and supervision.
The responsibility for the management, operation, maintenance and general supervision of the municipal
cemetery shall be vested in the parks and recreation department.
(Code 1980, § 29.01(a); Ord. No. 5136, § 1, 10-17-91)
Sec. 11.02. Purchase and conveyance of lots.
(1) Prices and fees. Spaces within the municipal cemetery shall be sold for the prices and shall be subject to
the fees as prescribed in appendix A to this Code.
(2) Method of purchase. Any person desiring to purchase a space for the purpose for which it is intended
shall be permitted to do so upon payment of the purchase price, plus the fee for recording the deed in the
public records. The purchase price and fee may be paid in installments without interest for not more than six
months, provided that the balance shall be paid in full before the space may be utilized. There shall be no
discrimination in the sale of lots based upon race, religion, or national origin.
(3) Manner of conveying. Conveyance of burial spaces 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.
(4) Recordation of deed. At the time the city conveys any burial space, 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.
(5) Records of ownership. The city clerk shall keep full and complete records of the ownership of all spaces
in the municipal cemetery, which shall include the burial capacity of each space, the location of each grave,
names and ages of persons buried in each grave, and the date of burial.
(6) Transfers of ownership. No owner of a cemetery space shall convey, transfer or assign the space or any
rights therein to a person other than the city without the written consent of the city. The form of the instrument
of such conveyance, transfer or assignment shall be provided by or approved by the city clerk and shall be
recorded in the public records following endorsement indicating consent by the city. A request for consent to a
transfer of ownership shall be accompanied by the transfer fee as provided in Appendix A and the recording
fee.
(7) Repurchases by city. Upon request by the owner of a space, the city may repurchase the space at the
original purchase price, less the transfer fee as provided in this section and the recording fee.
(Code 1980, § 29.03; Ord. No. 5136, § 1, 10-17-91)
Chapter 11 CEMETERIES* Page 1 of 2
Sec. 11.03. Rules for interment.
(1) No person shall be interred in the municipal cemetery until the city clerk has issued a burial permit.
(2) The city clerk will issue a burial permit when the following conditions are met:
(a) The space in which burial is to be made has been fully paid for;
(b) The person for whom such burial is being arranged has the right to the use of such space;
(c) The space is not used beyond its capacity. A maximum of two burials in one adult space shall be
permitted provided at least one person has been cremated or is an infant. Only one burial shall be
allowed in an infant or urn space;
(d) A funeral director licensed in the state is supervising the interment; and
(3) A staking fee shall be paid in accordance with the procedures established by the city clerk.
(4) Except when religious tenets preclude it, a minimum of 24 hours' notice shall be required prior to any
interment. The cemetery groundskeeper shall locate and stake the space to be used.
(5) The funeral director shall be responsible for the opening and closing of the gravesite and the removal of
excess dirt after the closing.
(6) A casket shall require either a vault or an outside concrete receptacle.
(Code 1980, § 29.04; Ord. No. 5136, § 1, 10-17-91; Ord. No. 5400-93, § 1, 7-1-93)
Sec. 11.04. Other cemetery rules.
Rules regarding the management, operation, restrictions and conditions on the use of spaces in the cemetery
shall be recommended by the parks and recreation department and approved by the city manager. A current copy
shall be maintained on file in the offices of the parks and recreation department, the city cemetery, and the city clerk.
Such rules shall not be inconsistent with the following:
(1) Aboveground monuments, memorials, and enclosures for any space in sections 14, 15 and 16 are
prohibited. Aboveground plantings are prohibited throughout the cemetery.
(2) Receptacles for flowers shall be located at ground level when not in use, with no part of such
receptacle being aboveground in sections 14, 15 and 16.
(3) Bronze, marble or granite markers or tablets shall be permitted, however such markers or tablets
must be located flush with the ground in sections 14, 15 and 16. Use of homemade markers is
prohibited.
(4) A temporary marker may be placed at each lot following burial, however such temporary marker
may not remain longer than one year from date of burial.
(Code 1980, § 29.05; Ord. No. 5136, § 1, 10-17-91)
Chapter 11 CEMETERIES* Page 2 of 2
Sprague, Nicole
From:
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Thank you, Leslie.
Vaughan, Karen
Wednesday, May 16, 2007 9:06 AM
Dougall-Sides, Leslie
Treuhaft, Linda; King, JoEllyn; Sprague, Nicole; LaCosse, Judith; Taylor, Joe; Frith, Renee;
Tormeno, Donna
RE: A04-09700 Official Records and Legislative Services general miscellaneous Clerk : RE:
Cemetery Question
0
(84090309-1529-4FE5-8A70-C4FE3CFFOF1 B)
None
SQL
Official Records and Legislative Services general miscellaneous Clerk
Nicole, will you be calling Mr. Gasque back?
Thanks!
Karen Vaughan
Sr. Staff Assistant
Official Records and Legislative Services
Phone: 727-562-4091
Fax: 727-562-4086
karen.vaughan@myclearwater.com
-----Original Message----- U16 ID
From: Dougall-Sides, Leslie
Sent: Tuesday, May 15, 2007 4:12 PM
To: Vaughan, Karen
Cc: Treuhaft, Linda; King, JoEllyn; Sprague, Nicole; LaCosse, Judith; Taylor, Joe; Frith, Renee; Tormeno, Donna
Subject: A04-09700 Official Records and Legislative Services general miscellaneous Clerk : RE: Cemetery Question
It does not look to me as if the current code allows the bench-with-urn concept.
Interment is allowed after obtaining a burial permit from the City Clerk, with two burials allowed if one is a cremation.
Sec. 11.03(1), (2)(c).
The terms "interment" and "burial" are defined in the dictionary as placement of remains in the earth or in a tomb.
Subsection (2) refers to burial "in" a space, implying an earth burial.
The City has not to my knowledge allowed aboveground tombs or other aboveground emplacements for remains.
Sec. 11.04 allows monuments and memorials, which are not designed to hold remains, except in sections 14, 15, and
16.
Although Sec.11.04 also speaks of aboveground "enclosures", that terminology probably refers to a fence or wall
enclosing the space, not an enclosure for remains.
If the City wishes to allow aboveground placements for cremated or other remains, the Code could be amended to
describe the types and dimensions of structures to be allowed. Florida Statutes Chapter 497, Part II, provides for
cemetery regulation including standards for construction of columbaria [structures designed to hold urns], but Sec.
497.260(1)(b) exempts municipal cemeteries from most requirements.
If allowed through Code amendment, the bench in this case would seemingly have to go on top of the space.
Leslie K. Dougall-Sides
Assistant City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
(727) 562-4010 phone
(727) 562-4021 fax
Board Certified in City, County and Local Government Law
Iw
Admitted in Florida, Oregon, and the District of Columbia
Senior Professional in Human Resources
-----Original Message-----
From: Vaughan, Karen
Sent: Tuesday, May 15, 2007 9:13 AM
To: King, JoEllyn
Cc: Sprague, Nicole; LaCosse, Judith; Dougall-Sides, Leslie; Taylor, Joe; Frith, Renee; Tormeno, Donna
Subject: RE: Cemetery Question
Thanks, JoEllyn!
This also brings up a legal issue though. They own 1 space. Where can they place the bench if they purchase
one? The space is already occupied. They can put an urn in with the full that's already there. But if they buy a
bench, where can it go?
Leslie, please advise.: )
Thanks!
Karen Vaughan
Sr. Staff Assistant
Official Records and Legislative Services
Phone: 727-562-4091
Fax: 727-562-4086
karen.vaughan@myclearwater.com
-----Original Message-----
From: King, JoEllyn
Sent: Tuesday, May 15, 2007 7:07 AM
To: Vaughan, Karen
Cc: Sprague, Nicole; LaCosse, Judith; Dougall-Sides, Leslie; Taylor, Joe; Frith, Renee
Subject: RE: Cemetery Question
We have a few benches at the Cemetery, I have not heard of an urn bench, I will look further into it and give
him a call, and will let you know.
Thanks, Jo Ellyn
-----Original Message-----
From: Vaughan, Karen
Sent: Monday, May 14, 2007 9:56 AM
To: King, JoEllyn; Dougall-Sides, Leslie
Cc: Sprague, Nicole; LaCosse, Judith
Subject: Cemetery Question
Hello!
I received a call today from Brad Gasque (813.933.5235) who would like to place an "urn bench" in the
cemetery. His niece is buried in Block 9, Lot 9; Space 3. His sister has died and wants to be buried either
in the same space with her daughter (his niece) which is fine because the niece is a full burial and the
sister is being cremated. But he would like to have one of those marble benches made that holds an urn
to place out there. I told him I would check to see if it was permissible. Please let me know and I will call
him back. I've included his phone number in this note so any questions may be directed to him.
Blocks 14, 15, and 16 do not permit above ground markers or monuments, but they are in Block 9 so that
does not apply.
Thanks!
Karen Vaughan
Sr. Staff Assistant
Official Records and Legislative Services
Phone: 727-562-4091
Fax: 727-562-4086
karen.vaughan@myclearwater.com