R05-095
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4 RESOLUTION NO. 05- oq 5
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7 A RESOLUTION OF THE CITY OF BOYNTON
8 BEACH, FLORIDA, AMENDING RULE #24 OF
9 THE CEMETERY RULES & REGULATIONS;
10 ADDING A NEW RULE #27; AND PROVIDING
11 AN EFFECTIVE DATE.
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14 WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and
15 Regulations and does hereby recommend an amendment to the Rules and Regulations
16 Amended April 26, 2005; and
17 WHEREAS, upon recommendation from the Cemetery Board, the City
18 Commission has determined that it shall revise Rule #24; and
19 WHEREAS, upon recommendation from the Cemetery Board, the City
20 Commission has determined that it shall add a new Rule #27.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
22 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
23 Section 1. Each Whereas clause set forth above is hereby ratified as being true
24 and correct and incorporated herein by this reference;
25 Section 2. The City Commission of the City of Boynton Beach, Florida,
26 amends the Rules and Regulations of the Cemetery Board by amending Rule #24 to add
27 the following:
28 24. As of the date of adoption of Resolution No. 04-065, on all new sales, the
29 bodies placed in the Mausoleum must be embalmed. On previously
30 purchased crypts, if a person does not wish to be embalmed, the body must
31 be placed in a Ziegler style case. Plastic trays must be placed under the
32 casket on all entombments in the Mausoleum, whether the bodies are
33 embalmed or not. The funeral home will bear the cost of the Ziegler style
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1 case and plastic trays, but will pass that cost on to the purchaser. Human
2 remains beine: placed for entombment shall be in a e:asketed metal
3 casket for Mausoleum usae:e.
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5 Section 3. The City Commission of the City of Boynton Beach, Florida,
6 amends the Rules and Regulations of the Cemetery Board by creating a new Rule #27, to
7 read as follows:
8 27. Human remains only shall be buried in any municipal cemetery.
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11 Section 4. This Resolution shall take effect immediately upon passage.
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14 PASSED AND ADOPTED this ~ day of J u.n ~ ,2005.
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16 CITY OF BOYNTON BEACH, FLORIDA
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28 ~1isstoner
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Commissione
32 ATTEST:
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NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Reaulations Amended June 21. 2005
GENERAL
1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer,
assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of
Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No transfer, assignment,
or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton
Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of
the Board of Governors and upon written request of the owner or owners of the lot and in every case shall only
be made by the proper authorities.
(NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral director
licensed in Florida to another licensed funeral director at terminal point.)
2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style of their
improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot owners, it reserves
to itself the right of preventing or removing any erection, enclosure, monument, inscription, tree or shrub which
is inconsistent with the purpose of these rules and which the City considers injurious to the grounds. Under no
circumstances will lots be allowed to have on them growing or live plants, trees, or bushes directly planted in the
ground and such will be removed by City employees.
3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general, these three
items can be those chosen by the owner, but must be able to be moved with one hand and flowers must be in a
container that has a solid base so that it will easily stand erect or in a container with a point on the bottom that is
easily stuck into the ground. These items must be tastefully placed at gravesites. Employees will, for cemetery
maintenance purposes, move and replace these items with care, but the City does not accept responsibility for
replacing broken items unless there is a clear negligence on the part of the City employees.
(NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly to the
appearance of the Cemetery.)
4. All lot enclosures of any kind whatever are prohibited. Corner stones properly numbered and set ftush with the
surface of the ground will be allowed. No brickwork will be allowed above ground level in any portion of the
cemeteries. No mounds are permitted over graves. The grade of all lots will be determined by the Board of
Governors.
5. No person shall be allowed to perform any modification or construction on a lot without a permit from the City.
No money should be paid to any person in the employ of the City for services or attention, other than their
salaries and wages paid by the City.
6. To protect the grounds and especially improved lots from injury, all excavations shall be made by the City.
7. All permanent grave markers must be ground level, of bronze, marble or granite material and placed on a six (6)
inch concrete base, subject to proper permit and fees.
8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers
will be removed by cemetery workers after that time.
9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery.
10. No wooden boxes may be used for interment. Casket must be encased in a solid container - concrete container
or vault.
11. The Board of Governors from time to time may initiate and recommend the laying out, altering, or closing of
such avenues or walks and make such rules and regulations for the government and improvement of the
cemetery as it may deem requisite and proper, subject to City Commission approval.
12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts
relating thereto and due the City are paid.
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13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent. The deed
must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the grounds.
14. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the
cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk.
MAUSOLEUM
15. Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum crypt 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 equal 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
50% of the original purchase price paid for the crypt or niche and provided that disinterment has occurred and
implemented by the proper authorities. The City may not offer these crypts or niches for sale until the
termination of the contract with Boynton Beach Mausoleum, Inc.
No disinterment shall be allowed except by the consent of the Board of Governors following written request by
the owner or owners of the crypt/niche and in every case shall only be made by the proper authorities.
(NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed funeral
director licensed in Florida to another licensed funeral director at terminal point.)
16. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or shrub.
17. In addition to the bronze letters, there will be a limit of two emblems allowed per crypt/niche. These bronze
letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's exclusive sales
agent, and shall be installed by the City of Boynton Beach.
18. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be
placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of
three (3) days. One (1) vas per crypt/niche will be allowed. Flowers must be in a container that has a solid
base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items
with care, but the City does not accept responsibility for replacing broken items unless there is a clear
negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the
Cemetery Manager determines that the flowers have become unsightly, said flowers and holder shall be
removed and disposed of in a manner acceptable to the Cemetery Manager."
"No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the
Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or
unsightly, in the sole and absolute discretion of the City."
19. No person shall be allowed to perform any modification on anything without written permission from the City. No
money should be paid to any person in the employ of the City for services or attention, other than their salaries
and wages paid by the City.
20. All original sates of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc. Boynton
Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a certificate of ownership
within 30 days which shall include the purchaser's complete name, address and phone number. Upon receipt of
a request for the issuance of a certificate of ownership, the City shall issue a certificate of ownership and
forward it to the purchaser within 14 days. There shall be no fee for issuance for the certificate of ownership.
21. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold to the City
within 30 days of the sale. There shall be no requirement for an annual audit.
22. Any veterans' organization may erect a ftag and/or memorial at the entrance to the Mausoleum Chapel on
Memorial Day.
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23. The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the
gC'Iunment and improvement of the mausoleum as it may deem requisite and proper, subject to City
Cc. !',!\Íssion approval. At any time the Board of Governors proposes amending or altering the Rules and
Re~;"hms for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by certified mail return receipt
requested of the proposed changes, at the same time any City Commission action is sought regarding the rules.
Boy~ 'nn Beach Mausoleum, Inc. shall be given forty-five (45) days from the date it receives notice of intended
action the Board of Governors prior to any City Commission action being taken. All Rules and Regulations
shall be applied prospectively from the date of adoption. No Rule or Regulation shall be construed in a manner
which would negate or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a
purchase agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton
Beach and Boynton Beach Mausoleum, Inc.
24. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in the Mausoleum
must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must
be placed in a Ziegler case. Plastic trays must be placed under the casket on all entombments in the
Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler cases
and plastic trays, but will pass that cost on to the purchaser. Human remains being placed for entombment
shall be in a gasketed metal casket for Mausoleum usage.
25. In an adult grave, the following will be permitted: One (1) casket, plus one (1) cremains, or three (3) cremains.
No more than three (3) markers will be permitted per adult grave. In the Replat section, two (2) cremains will be
permitted in a cremains plot. No more than two markers will be permitted on a cremains plot in the Replat
section.
*26. The use of a concrete (at minimum) urn vault for cremated remains (cremains) in Boynton Beach Memorial Park
shall be required. The cost of the vault will be borne by the funeral director.
27. Human remains only shall be buried in any municipal cemetery.
Revised 6/28/2005 5:48 PM
*Resolution No. R05-095
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