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HomeMy WebLinkAbout4192 Operating Rules Evergreen Cemetery Ordinance No. 2009-4192 An Ordinance of the City of Sanford, Florida relating to the City's Evergreen Municipal Cemetery; providing for basic rules of operating relative to the Evergreen Municipal Cemetery; providing for the establishment of fees and charges by adoption of resolutions; providing for the taking of implementing administrative actions such as the adoption of administrative rules; providing for codification; providing for severability; providing for conflicts and an effective date. Whereas, the City of Sanford owns and operates the Evergreen Municipal Cemetery; and Whereas, it is prudent and advisable for the City Commission of the City of Sanford to enact basic rules of operation relative to the Evergreen Municipal Cemetery while leaving the day-to-day administrative operations to the management of the City to implement; and Whereas, Chapter 497, Florida Statutes, generally regulates cemeteries within the State of Florida; Section 497.260(1 )(b), Florida Statutes, provides that: "(1) The provisions of this chapter relating to cemeteries and all rules adopted pursuant thereto shall apply to all cemeteries except for: (a) .... (b) County and municipal cemeteries. . . ."; and Whereas, the City Commission of the City of Sanford, Florida has the power and authority to create and establish the rules set forth herein under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 166, Florida Statutes, and the controlling case law of the State of Florida. 11 Page Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida: Section 1. Legislative Findings and Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission agenda memorandum relating to the application and the proposed vacation of the right-of-way as set forth herein. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Rules relating to the operation of the Evergreen Municipal Cemetery. A new section of the Code of Ordinances of the City of Sanford, Florida is created to read as follows: (a). Any person is eligible to purchase cemetery spaces in the Evergreen Municipal Cemetery for the person's use or the use of the family members of the person or other persons permitted to use the spaces by the purchaser or his or her assigns. Spaces will only be sold to natural persons. (b). Any person permitted by the purchaser of a cemetery space may be interned in the space. The City shall obtain and maintain adequate documentation to manage and memorialize the purchases and use of cemetery spaces within the Evergreen Municipal Cemetery. Cemetery spaces may be used for traditional burials or cremations at the discretion of the owner of the cemetery space. They shall be classified as "standard spaces," "cremation 2lPage spaces" for internments, or "infant spaces." An "infant space" will hold a vault not exceeding twenty inches (20") by fifty-eight inches (58'). (c). The costs of cemetery spaces and other services or goods provided by the City shall be established by adoption of resolutions from time-to- time by the City Commission. (d). Burials/internments must be coordinated in advance with the City in accordance with the administrative requirements of the City. If cemetery space owner has delegated authority to a funeral director to coordinate internment and other actions, such delegation must be in writing and submitted to the City in a form acceptable to the City. The City shall require confirmation by the responsible person that the correct cemetery space has been marked for opening and closing. The City shall not be responsible for any improper designation once the confirmation has occurred. (e). Cemetery spaces must be fully paid for, as well as any other costs due to the City, prior to a burial/internment being authorized. Payment to the City must be made at least forty-eight (48) hours in advance of any requested activity by the City. No cemetery space is guaranteed for use under any circumstances unless full payment for the space has been made to the City. All services requested of the City must be paid for in full prior to the City engaging in the provision of such services. (f). Only one body, together with the ashes of another person; or the ashes of two people may be buried in a standard space. (9). Only the ashes of one person may be placed in a cremation space. 3lPage (h). (i). Earth. Mausoleums are prohibited at the Evergreen Municipal Cemetery. All burials/internments must be below ground/the surface of the 0). All burials must be accomplished using City-approved concrete vaults and the use of liners is prohibited. Cremations must be accomplished in a manner that is approved by the City based upon an evaluation of standard and acceptable practices under controlling law. (k). The planting and removal of plants is prohibited at the Evergreen Municipal Cemetery and any materials, decorations or other property placed by any person at the Cemetery shall be at the risk of the person and the City shall undertake and accept no responsibility for the care or security of any such matters. (I). All areas must be maintained in accordance with City standards as set forth in administrative rules. The City may assess costs for maintenance activities accomplished by the City when inadequate maintenance of an area has occurred. (m). The City shall maintain the unique, historic and distinctive character and ambience of the Evergreen Municipal Cemetery. Accordingly, the City shall maintain the right to remove offensive, dangerous, disrespectful or similar materials or property, of whatsoever type or nature, and may dispose of such materials or property in such manner as it deems fit and appropriate. (n). Solicitation of any type or nature is prohibited and unlawful within the Evergreen Municipal Cemetery. 4lPage Section 3. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized to take all necessary actions relative to implementing the provisions of this Ordinance such actions to include, but not be limited to, the promulgation and adoption of administrative rules. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5 Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Codification. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections 3, 4, 5, 6 and 7 shall not be codified. Section 7. Effective Date. This Ordinance shall become effective immediately upon enactment. 5lPage Passed and adopted this 26th day of October, 2009. Effective this 26th day of October, 2009. Attest: ~.ACki~ anet Dougherty, City erk City Commission of the City of Sanford, Florida <::~,:::::~ ' 4:) <<-<_.,. '- ~-- ~ Linda K n, Mayor 6lPage