O96-24ORDINANCE NO. 096-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 6, CEMETERIES, BY AMENDING
SECTION 6-11 REGULATING SALES ON THE
BOYNTON BEACH MAUSOLEUM; AMENDING 6-18,
REGARDING TRANSFERS AND RESALES OF LOTS,
CRYPTS OR NICHES; AMENDING SECTION 6-19
DISINTERMENTS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems
it to be in the best interests of the citizens and residents of the City to amend the Code
of Ordinances of the City of Boynton Beach to reflect changes to specific sections of
Chapter 6;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Section 6-11 of the Code of Ordinances of the City of Boynton
Beach is hereby amended by the addition of a new subparagraph to be entitled (b) and
to read as follows:
(b) All sales of interment riohts in mausoleum cry_ pts
or niches shall be originated by Boynton Beach
Mausoleum, Inc., who is the City's sole agent for sales
within the mausoleum until the end of the contract
term, which is October 20, 2008.
Section 2. That Section 6-18 of the code of Ordinances is hereby deleted in
its entirety and a new Section 6-18 is hereby created as follows:
Section 6-18. Transfer of Lots.
(a) Cemetery Lots
The owner or owners of cemetery, lots shall not allow
interments made in their lots for remuneration, nor
shall any transfer, assignment, or conveyance of any
lot So owned, or of any interest therein, be valid
without the owner thereof first having secured the
written consent of the city. commission to make such
transfer, assignment, or conveyance, and such written
consent must be endorsed upon such transfer,
assignment, or conveyance. Provided, however, that
no transfer, assignment or conveyance of any lot or of
any interest therein can be made after an actual
interment in it, except with the consent of the city
commission and the city commission cannot grant
such consent until after the body or bodies first therein
interred shall be lawfully removed therefrom. The City_
Commission may, by Resolution, adopt procedures for
processing and approving requests for transfers.
(b) Mausoleum cry_ pts or niches.
Prior to interment, an owner may transfer or resell the
mausoleum cry. pt or niche provided the owner first
obtains the written consent of the City. of Boynton
BeaCh and Boynton Beach Mausoleum. Inc. Such
consent shall be given automatically provided that the
new purchaser's name, address and phone number are
on file with the City_ Clerk and an administrative fee
eaue! to the cost of relettering the mausoleum crypt or
niche is paid to Boynton Beach Mausoleum, Inc.
After interment, resale or transfer of ownership shall be
allowed only to the City of Boynton Beach at a cost of
80% of the original purchase price paid for 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
Bovnton Beach Mausoleum, Inc.
Section 3. That Section 6-19 Disenterments is hereby deleted in its entirety
and a new Section 6-19 is hereby created, as follows:
Sec. 6-19. Disenterments.
No disinterment of any lot, cry_pt or niche shall be
allowed except by the consent of the City_ of Boynton
Beach 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,
disenter any body for the purposes of investigating a
crime.
SeCtion 4. All other provisions of Chapter 6 not specifically amended herein
shall remain in full force and effect.
Section 5 Should any section or provision of this Ordinance of any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this Ordinance.
Section 6 Authority is hereby given to codify this Ordinance.
Section 7 This Ordinance shall become effective immediately upon passage.
FIRST READING this 19th day of March, 1996.
SECOND, FINAL READING AND PASSAGE this ,~ day of April, 1996.
CITY OF BOYNTON BEACH, FLORIDA
C o/mmis s ioner
ATTEST:
City~31erk
CelT~tery. Rev
3713/96
Commissioner
Com~sionar