boynton06 Chapter 6
CEMETERIES
Sec. 6-1. Described.
The following shall be the cemeteries of the city:
MUNICIPAL CEMETERY, CITY OF BOYNTON BEACH: Blocks A thru G (excluding Block A), Official Plat Book #21, Page 84.
BOYNTON BEACH MEMORIAL PARK: Blocks H thru M, Official Plat Book #27, Page 186.
BOYNTON BEACH MEMORIAL PARK, ADDITION #1: Blocks N thru Y (excluding Q, U, X and Z), Official Plat Book #30, Pages 154 and 155, and the BOYNTON BEACH MAUSOLEUM: Replat of Driveways
2, 3, 5 and 6, Municipal Cemetery. Official Plat Book #44, Page 46.
SARA SIMS MEMORIAL GARDENS: Official Plat Book #26, Page 84.
(Ord. No. 94-49, § 1, 11-1-94)
Sec. 6-2. Applicability.
Except as otherwise provided, the provisions of this chapter shall apply to all cemeteries of the city.
(Code 1958, § 6-1)
Sec. 6-3. Cemetery fund established; use,
investment.
The City of Boynton Beach, Florida, is hereby authorized to establish a separate fund for the perpetual care, upkeep and maintenance of said cemeteries and to provide that all funds
derived from the sale of cemetery lots and equipment use charges shall be paid into said fund to be designated as the Boynton Municipal Cemeteries Fund, and used solely 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)
Sec. 6-4. Board of governors created;
composition; terms; quorum.
There is hereby created and established a board of governors of the municipal cemetery which will consist of the city clerk, and Tereesa Padgett who is hereby appointed to serve on
said board for life. In addition, the board shall consist of four (4) other persons and one (1) alternate, all five (5) of whom shall be residents and electors of the city. Two (2) members,
of these four (4), shall serve for a term of one (1) year from the date of appointment; one (1) member shall serve for a term of two (2) years from the date of appointment; one (1) member
shall serve for a term of three (3) years from the date of appointment. The alternate shall be appointed for a one-year term. Vacancies, not including the alternate, created after expiration
of these terms shall be filled by appointments of three (3) years.
(Code 1958, § 16-17; Ord. No. 80-6, § 1, 2-19-80; 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)
Cross reference-Minimum qualifications for serving on boards, etc., § 2-16.
Sec. 6-5. General powers of board.
The board shall periodically review and make recommendations to the City Manager on rules and regulations for the management and control of any cemetery, including mausoleums, owned
and operated by the city, and for the conduct of the board's business. The powers of the board shall be consistent with the provisions of the Charter and Section 2-30 of this code.
(Code 1958, § 16-17; Ord. No. 83-9, § 3, 4-4-83; Ord. No. 94-49, § 2, 11-1-94; Ord. 98-22, § 2, 7-21-98; Ord. No. 02-044, § 1, 8-20-02)
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Sec. 6-6. Clerk of board.
The city clerk shall continue to serve on the board so long as he shall remain clerk, and shall have
all the powers of any other member of said board, and in addition thereto shall act as clerk thereof.
(Code 1958, § 6-17)
Sec 6-7. Records, reports of board.
The board shall keep an accurate record of all receipts and expenditures, and shall from time to time, as requested by the city council, make an itemized detailed report showing the
financial condition as the same pertains to the cemetery, including any and all other matters which may be requested of the council.
(Code 1958, § 6-17)
Sec. 6-8. General regulatory authority of
board.
The board of governors may from time to time make such rules and regulations for the government and improvement of the cemetery as they may deem requisite and proper in order to secure
and promote its general objects and benefits.
(Code 1958, § 6-12)
Sec. 6-9. General appearance regulated by
board of governors.
The city council, through the board of governors created by this chapter, in justice to the interest of the 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)
Sec. 6-11. Council to provide for lot sales,
prices, fees.
(a) The city council shall from time to time by resolution, provide for the sale of cemetery lots, fix the price to be charged therefor, and the terms and 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 services. (Code 1958, § 6-3)
(b) All sales of interment rights in mausoleum crypts 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. (Ord. No. 96-24, § 1, 4-2-96)
Sec. 6-12. Issuance of deeds.
The mayor and the city clerk shall have full power and authority to issue a deed or deeds for the sale of lots in a cemetery, and crypts and niches in the mausoleum when the provisions
of this chapter have been complied with by the purchasers thereof, and they have complied in all respects with the rules and regulations established by the board of governors.
(Code 1958, § 6-18; Ord. No. 94-49, § 3, 11-1-94)
Sec. 6-13. Conveyances and burials prohibited
until settlement of debts due city.
No purchaser of a cemetery lot shall be entitled to a deed to any lot until all accounts relating thereto and due the city are paid and no owner or proprietor
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of any lot or lots shall have the right to bury in his said lot or lots without first having paid any and all arrearages due the city therefor or for anything relating thereto. (Code
1958, § 6-13)
Sec. 6-14. Lot enclosures, cornerstones,
brickwork, grading, spacing, etc.;
regulations governing.
All cemetery lot enclosures of any kind whatever are hereby prohibited. Cornerstones properly numbered and set flush with the surface of the ground shall be allowed. No brickwork shall
be allowed above the ground level in any portion of the cemetery. No mounds are permitted over any grave or graves. The grade of all lots shall be determined by the board of governors.
A space of not less than eighteen (18) inches shall be reserved on sides of abutting lots so that the graves shall not be contiguous. All workmen employed in the construction of vaults,
erection of monuments, or other work, shall be subject to and under the control and direction of the board of governors.
(Code 1958, § 6-7)
Sec. 6-15. Excavations to be by city at owner's
expense.
To protect the cemetery grounds, and especially to protect the improved portions and lots therein from injury, all excavations shall be made by the city at the expense of the owners,
under the jurisdiction and control of the board of governors.
(Code 1958, § 6-9)
Sec. 6-16. Headstones and vaults; removal of
earth or rubbish.
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 rubbish
accumulated by the owner or owners of a lot or lots or other workmen must be carefully removed as soon as possible and deposited at such place as the board of governors may direct.
(Code 1958, § 6-10)
Sec. 6-17. “For sale” signs prohibited.
No sign or other device indicating that a cemetery lot or vault is “For Sale” shall be permitted in or on the cemetery grounds. (Code 1958, § 6-11)
Sec. 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 board of governors 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 board of governors and the board of governors cannot grant such consent until after the body or bodies
first therein interred shall be lawfully removed therefrom. The board of governors may adopt procedures, not inconsistent with this section, for processing and approving requests for
transfers.
(b) Mausoleum crypts or niches.
(1) 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 board of govern
ors and Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new purc
haser'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.
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(2) After interment, resale or transfer of ownership shall be allowed only to the city at a cost of 50% 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 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 purposes of investigating
a crime.
(Code 1958, § 6-5) (Ord. No. 96-24, § 3, 4-2-96; Ord. No. 98-41, § 1, 10-6-98)
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