26-015 ORDINANCE NO. 26-015
1
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA,AMENDING CHAPTER 6 OF THE CODE OF
4 ORDINANCES RELATING TO BOYNTON BEACH MEMORIAL PARK
5 CEMETERY; REVISING POLICIES GOVERNING THE TRANSFER AND
6 RESALE OF CEMETERY PLOTS; PROVIDING FOR TRANSFER
7 LIMITATIONS TO IMMEDIATE FAMILY; PROHIBITING PRIVATE RESALE
8 AND REQUIRING RESALE TO THE CITY; PROVIDING FOR PROSPECTIVE
9 APPLICATION; PROVIDING FOR CONFLICTS, SEVERABILITY,
10 CODIFICATION, AND AN EFFECTIVE DATE.
11
12 WHEREAS, the City of Boynton Beach owns and operates Boynton Beach Memorial Park,
13 a municipal cemetery; and
14 WHEREAS, the operation of a municipal cemetery is a proprietary function of the City,
15 exercised pursuant to Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida
16 Statutes; and
17 WHEREAS, the City currently limits the purchase of cemetery plots to City residents;
18 however, existing provisions allow transfers and resale of plots under certain conditions; and
19 WHEREAS, the City Commission finds that such provisions may allow transfer or resale of
20 plots in a manner inconsistent with the intent of preserving availability for City residents; and
21 WHEREAS, the City Commission desires to limit transfers of cemetery plots to immediate
22 family members and to prohibit private resale of cemetery plots in order to preserve availability
23 and prevent speculative transactions; and
24 WHEREAS, the City Commission further finds that such changes should apply
25 prospectively to future sales to avoid impairment of existing contractual rights.
26
ORDINANCE NO. 26-015
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA:
29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
30 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
31 Section 2: Section 6-18 of the Code of Ordinances is hereby amended to read as
32 follows:
33 Sec. 6-18.—Transfer of lots.
34 (a) Cemetery lots.
35 The owner or owners of cemetery lots shall not allow interments made in their lots for
36 remuneration, nor shall any transfer, assignment, or conveyance of any lot so owned, or of
37 any interest therein, be valid without the owner thereof first having secured the written
38 consent of the City Manager or his or her designee to make such transfer, assignment, or
39 conveyance, and such written consent must be endorsed upon such transfer, assignment,
40 or conveyance.
41 For cemetery lots purchased on or after the effective date of this Ordinance, any transfer,
42 assianment, or conveyance shall be limited to members of the owner's immediate family,
43 as defined in Section 6-20.
44 Provided, however,that no transfer, assignment or conveyance of any lot or of any interest
45 therein can be made after an actual interment in it, except with the consent of the City
46 Manager or his or her designee and the City Manager or his or her designee cannot grant
47 such consent until after the body or bodies first therein interred shall be lawfully removed
48 therefrom.
49 The City Manager or his or her designee may adopt procedures, not inconsistent with this
50 section, for processing and approving requests for transfers.
51 (b) Resale of cemetery lots.
52 For cemetery lots purchased on or after the effective date of this Ordinance, private resale
53 or transfer of cemetery lots to third parties for consideration is prohibited. Any owner
54 wishina to relinauish a cemetery lot shall convey such lot exclusively to the City. subiect to
55 the buy-back provisions set forth in Section 6-20(d).
56 L 14Z Mausoleum crypts or niches.
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ORDINANCE NO. 26-015
57 ***
58 Section 3: Section 6-20 of the Code of Ordinances is hereby amended to read as
59 follows:
60 Sec. 6-20. - Use by residents.
61 ***
62 (d) If the present owner desires, and the lot configuration permits, the City is authorized
63 to purchase unused graves at eighty percent(80%) of their original cost.
64 For cemetery lots purchased on or after the effective date of this Ordinance. conveyance
65 of such lots back to the City pursuant to this subsection shall be the exclusive method
66 of resale or disposition for consideration.
67 ***
68 Lg) Nothing in this Chapter or Section 6-18 shall be construed to prohibit transfer of
69 ownership by inheritance. devise. or operation of law. consistent with subsection (c).
70 Section 4: The amendments set forth in this Ordinance shall apply exclusively to
71 cemetery lots sold on or after the effective date of this Ordinance. Cemetery plots purchased prior
72 to the effective date shall continue to be governed by the terms and conditions in effect at the
73 time of purchase. Nothing herein shall be construed to impair existing contractual rights.
74 Section 5: Codification. It is the intention of the City Commission of the City of
75 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
76 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that
77 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
78 changed to "Section," "Article,"or such other word or phrase in order to accomplish such intention.
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ORDINANCE NO. 26-015
79 Section 6: Severability. If any clause, section, or other part of this Ordinance shall be
80 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
81 or invalid part shall be considered as eliminated and in no way affect the validity of the other
82 provisions of this Ordinance.
83 Section 7: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts
84 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.
85 Section 8: Effective Date. That this Ordinance shall take effect immediately upon passage.
86
87 [SIGNATURE PAGE TO FOLLOW]
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ORDINANCE NO. 26-015
88 FIRST READING this day of \ lcL c_, , 2026.
89 SECOND, FINAL READING AND PASSAGE this \°\ day of '(`r\ , 2026.
90 CITY OF BOYNTON BEACH, FLORIDA
91 YES NO
92
93 Mayor— Rebecca Shelton
94
95 Vice Mayor—Thomas Turkin
96
97 Commissioner—Angela Cruz
98
99 Commissioner— Mack McCray
100
101 Commissioner—Aimee Kelley
102
103 VOTE 'O
104 ATTEST:
105
106
107D�^2J wv�L
108 Tammy Stan lone Rebecca Shelton
109 Interim City Clerk Mayor
110 �"���°y oR0N�'��
111 ; p.c,o "ATF••':s011 APPROV AS TO FORM:
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112 (Corporate Seal) i i=s SEA ✓n
I
113 I U S. INCORPORATED;
O i
114 4 :•• 192 •; Shawna G. Lamb
•
115 `IN •�OR ,pP; City Attorney
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