BOYNTON.6 Chapter 6
CEMETERIES
Sec. 6 - 1. Described. Sec. 6 - 4. Board of governors created;
composition; terms; quorum.
The following shall be the cemeteries of the city:
There is hereby created and established a board
MUNICIPAL CEMETERY, CITY OF of governors of the municipal cemetery which will
BOYNTON BEACH: Blocks A thru G (excluding consist of the city clerk, and Tereesa Padgett who is
Block A), Official Plat Book #21, Page 84. hereby appointed to serve o n said board for life. In
addition, the board shall consist of four (4) other
BOYNTON BEACH M EMORIAL PARK: persons and one (1) alternate, all five (5) of whom
Blocks H thru M, Official Plat Book #27, Page 186. shall be residents and electors of the city. Two (2)
members, of these four (4), shall serve for a term of
BOYNTON BEACH MEMORIAL PARK, one (1) year from t he date of appointment; one (1)
ADDITION #1: Blocks N thru Y (excluding Q, U, X member shall serve for a term of two (2) years from
and Z), Official Plat Book #30, Pages 154 and 155, the date of appointment; one (1) member shall serve
and the BOYNTON BEACH MAUSOLEUM: Replat for a term of three (3) years from the date of
of Driveways 2, 3, 5 and 6, Municipal Cemetery. appointment. The alternate shall be appointed for a
Official Plat Book #44, Page 46. one - year term. Vacanc ies, not including the alternate,
created after expiration of these terms shall be filled
SARA SIMS MEMORIAL GARDENS: Official by appointments of three (3) years.
Plat Book #26, Page 84. (Code 1958, § 16 - 17; Ord. No. 80 - 6, § 1, 2 - 19 - 80;
(Ord. No. 94 - 49, § 1, 11 - 1 - 94) Ord. No. 83 - 9, § 2, 4 - 4 - 83; Ord. No. 83 - 14, § 1, 5 - 3 -
83; Ord. No. 83 - 22, § 1, 6 - 7 - 83; Ord. No. 85 - 32, § 1,
4 - 16 - 85)
Sec. 6 - 2. Applicability. Cross reference - Minimum qualifications for
serving on boards, etc., § 2 - 16.
Except as otherwise provided, the provisions of
this chapter shall apply to all cemeteries of the city.
(Code 1958, § 6 - 1) Sec. 6 - 5. General powers of board.
The board shall periodically review and make
Sec. 6 - 3. Cemetery fund established; use, recommendations to the City Manager on rules and
investment. regulation s for the management and control of any
cemetery, including mausoleums, owned and
The City of Boynton Beach, Florida, is hereby operated by the city, and for the conduct of the
authorized to establish a separate fund for the board's business. The powers of the board shall be
perpetual care, upkeep and maintenance of said consistent with the provisions of the Charter and
ceme teries and to provide that all funds derived from Section 2 - 30 of this cod e.
the sale of cemetery lots and equipment use charges (Code 1958, § 16 - 17; Ord. No. 83 - 9, § 3, 4 - 4 - 83; Ord.
shall be paid into said fund to be designated as the No. 94 - 49, § 2, 11 - 1 - 94; Ord. 98 - 22, § 2, 7 - 21 - 98;
Boynton Municipal Cemeteries Fund, and used solely Ord. No. 02 - 044, § 1, 8 - 20 - 02)
for the perpetual care, upkeep and maintenance of said
cemeteries. The city is authorized to transfer and pay
over to this separate account all funds designated for
the perpetual care, upkeep and maintenance of
municipal cemeteries.
(Code 1958, § 6 - 16; Ord. No. 83 - 9, § 1, 4 - 4 - 83; Ord.
No. 98 - 22, § 1, 7 - 21 - 98)
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Sec. 6 - 6. Clerk of board. Sec. 6 - 11. Council to provide for lot sales,
prices, fees.
The city clerk shall continue to serve on the
board so long as he shall remain clerk, and shall have (a) The city council shall from time to time by
all the powers of any other member of said board, resolution, provide for the sale of cemetery lots, fix
and in addition thereto shall act as clerk thereof. the price to be charged therefor, and the terms and
(Code 1958, § 6 - 17) conditions of such sales, and provide for the
conveyance of such lots, and shall fix the schedule of
fees to be charged for permits, burials, and other
Sec 6 - 7. Records, reports of board. services. (Code 1958, § 6 - 3)
The board shall keep an accurate r ecord of all (b) All sales of interment rights in mausol eum
receipts and expenditures, and shall from time to crypts or niches shall be originated by Boynton Beach
time, as requested by the city council, make an Mausoleum, Inc., who is the city's sole agent for
itemized detailed report showing the financial sales within the mausoleum until the end of the
condition as the same pertains to the cemetery, contract term, which is October 20, 2008. (Ord. No.
including any and all other matters which may be 96 - 24, § 1, 4 - 2 - 96)
r equested of the council.
(Code 1958, § 6 - 17)
Sec. 6 - 12. Issuance of d eeds.
Sec. 6 - 8. General regulatory authority of The mayor and the city clerk shall have full
board. power and authority to issue a deed or deeds for the
sale of lots in a cemetery, and crypts and niches in the
The board of governors may from time to time mausoleum when the provisions of this chapter have
make such rules and regulations for the government been complied with by the purchasers there of, and
and improvement of the cemetery as they may deem they have complied in all respects with the rules and
requisite and proper in order to secure and promote regulations established by the board of governors.
its general objects and benefits. (Code 1958, § 6 - 18; Ord. No. 94 - 49, § 3, 11 - 1 - 94)
(Code 1958, § 6 - 12)
Sec. 6 - 13. Conveyances and burials prohibited
Sec. 6 - 9. General appearance regulated by until settlement of debts due city.
board of governors.
No p urchaser of a cemetery lot shall be entitled
The city council, through the board of governors to a deed to any lot until all accounts relating thereto
created by this chapter, in justice to the interest of the and due the city are paid and no owner or proprietor
whole, reserves to itself the right of preventing the
removal or the right to remove any erection,
enclosure, monument, inscription, tree or shrub on a
cemetery which it shall consider injurious to the
immediate locality or prejudicial to the general good
appearance of the grounds. (Code 1958, § 6 - 6)
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Cemeteries
3
of any lot or lots shall have the right to bury in his
said lot or lots without first having paid any and all accumulated by the owner or owners of a lot or lots or
arrearages due the city therefor or for anything other workmen must be carefully removed as soon as
relating thereto. (Code 1958, § 6 - 13) possible and deposited at such place as the board of
governors may direct.
(Code 1958, § 6 - 10)
Sec. 6 - 14. Lot enclosures, cornerstones,
brickwork, grading, spacing, etc.;
regulations governing. Sec. 6 - 17. “For sale” signs prohibited.
All cemetery l ot enclosures of any kind No sign or other device indicating that a
whatever are hereby prohibited. Cornerstones cemetery lot or vault is “For Sale” shall be permitted
properly numbered and set flush with the surface of in or on the cemetery grounds. (Code 1958, § 6 - 11)
the ground shall be allowed. No brickwork shall be
allowed above the ground level in any portion of the
cemetery. No mounds are permi tted over any grave Sec. 6 - 18. Transfer of lots.
or graves. The grade of all lots shall be determined by
the board of governors. A space of not less than (a) Cemetery lots. The owner or owners of
eighteen (18) inches shall be reserved on sides of cemetery lots shall not allow inte rments made in their
abutting lots so that the graves shall not be lots for remuneration, nor shall any transfer,
contiguous. All workmen employed i n the assignment, or conveyance of any lot so owned, or of
construction of vaults, erection of monuments, or any interest therein, be valid without the owner
other work, shall be subject to and under the control thereof first having secured the written consent of the
and direction of the board of governors. board of governors to make suc h transfer, assignment,
(Code 1958, § 6 - 7) or conveyance, and such written consent must be
endorsed upon such transfer, assignment, or
conveyance. Provided, however, that no transfer,
Sec. 6 - 15. Excavations to be by city at owner's assignment or conveyance of any lot or of any interest
expense. therein can be made after an actual interment in it,
except with the consent of the board of governors and
To protect the cemeter y grounds, and especially the board of governors cannot grant such consent
to protect the improved portions and lots therein from until after the body or bodies first therein interred
injury, all excavations shall be made by the city at the shall be lawfully removed therefrom. The board of
expense of the owners, under the jurisdiction and governors may adopt procedures , not inconsistent
control of the board of governors. with this section, for processing and approving
(Code 1958, § 6 - 9) requests for transfers.
(b) Mausoleum crypts or niches.
Sec. 6 - 16. H eadstones and vaults; removal of
earth or rubbish. (1) Prior to interment, an owner may transfer or
Cemetery lot owners may place headstones on
burial plots but all such headstones or monuments
shall be flush with the ground. No vault shall be built
without the permission in writing of the board of
governors. All parts of vaults above ground shall be
of marble, granite, cut stone, or cement stone or
blocks, and in any event shall be of such strength,
construction, and character as may be approved by
the board of governors. All earth or r ubbish
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(2) After interment, resale or transfer of at a cost of 50% of the original purchase
ownership shall be allowed only to the city price paid f or the crypt or niche and
provided that disinterment has occurred and
is implemented by the proper authorities.
The city may not offer these crypts or
niches for sale until the end of the contract
term (October 20, 2008) with Boynton
Beach Mausoleum, Inc.
(Code 1958, § 6 - 5; Ord. No. 94 - 49, § 4, 11 - 1 - 94;
Ord. No. 96 - 24, § 2, 4 - 2 - 96; Ord. No. 98 - 14, § 1, 5 - 5 -
98; Ord. No. 01 - 65, § 1, 1 - 2 - 02)
Sec. 6 - 19. Disinterments.
No disinterment of any lot, crypt or niche
shall be allowed except by the consent of the
Cemetery Board of Governors following written
request by the owner or owners and in every case
shall be made by the proper authorities. Provided,
however, that any lawfully constituted authority may,
with proper court order, disinter any body for the
purp oses of investigating a crime.
(Code 1958, § 6 - 5) (Ord. No. 96 - 24, § 3, 4 - 2 - 96;
Ord. No. 98 - 41, § 1, 10 - 6 - 98)