R08-077
19
20
21
22
"
1
2
3
4
5
6
7
8
RESOLUTION NO. 08- 077
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RULE #20 OF
THE CEMETERY RULES & REGULATIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cemetery Board is desirous of restricting the hours of
9
disinterments and disentombents to the slowest traffic times at the Cemetery due to
10
unforeseen events that could occur during this operation; and
11
WHEREAS, upon recommendation from the Cemetery Board, the City
12
Commission has determined that it shall revise Rule #20 of the Rules and Regulations of
13
the Cemetery, a copy of which is attached hereto as Exhibit "A".
14
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
15
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
16
Section 1.
Each Whereas clause set forth above is hereby ratified as being
17
true and correct and incorporated herein by this reference.
18
Section 2.
The City Commission of the City of Boynton Beach, Florida,
amends Rule #20 of the Rules and Regulations of the Cemetery Board as attached hereto
as Exhibit "A".
Section 3.
This Resolution shall take effect immediately upon passage.
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
S:\CA\RESOlAdministrative\Cemetery R&R - Amend Rule #20.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
"
PASSED AND ADOPTED this 15" day of July, 2008.
CITY OF BOYNTON BEACH, FLORIDA
~~~
(ffayor - rry T or
odriguez
Commijioner - Ronald Weil~
fJ ').-/?
/A.</ ~"'t'?'-tZ.;?~{/ /{'/"
Commissioner - Woodrow . Hay
---' /1 L ,/./7
------- 1./]/ " ,,(,/
h?;zt; ~~'-~- /C~
Commissioner - Marlene Ross
ATTEST:
.~
Jan t M. Prainito, CMC
. y Clerk
S:\CA\RESOlAdministrative\Cemetery R&R - Amend Rule #20,doc
NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Reaulations
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 final disposition,) City disinterment
forms shall accompany all disinterments,)
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 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 not to exceed 18 inches in height 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. No glass vases or figurines will be permitted.
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. -Lot enclosures of any kind are prohibited. 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 installation of a monument or marker on a
lot without authorization from the City. No marker shall be accepted by the City without prior
authorization of the City.
6. All excavations shall be made by the City, unless otherwise approved by the City. Installation of
markers must be approved by the City,
7. The length and width of the marker can vary depending on the size of the plot. If the marker is to be
installed on a single plot, the marker cannot exceed 2'-6" wide by 9' in length. If the marker is to be
installed on a double plot, the marker cannot exceed 5' wide by 9' in length. The thickness of the
marker must be a minimum of 4" thick and made of solid marble, granite or, if the marker is made of
bronze, it must have a 4" minimum solid base made of marble, granite or concrete and be properly
S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemeterv Rules - Rule Addition - Rule #20 - 07-01-08,docS:\CC\'NP\CH1ETERY\CEHETERY
RULES\RULES\Cemetery Rules Rule ChJnge Rule 1t1'J 0617 08 ~1ccting.doc
attached to the bronze marker.
S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemetery Rules - Rule Addition - Rule #20 - 07-01-08.docS:\CC\'NP\CEP1ETERY\CH1ETERY
RULES\RULES\Cemetery Rules Rule ChJnge Rule 1t1'J 06 17 08 ~1eeting.doc
Markers cannot be constructed of separate pieces of material laminated, glued or attached in any
manner with the exception of bronze markers which require a minimum 4" base made of marble,
granite or concrete.
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 unless
there is clear negligence on the part of City employees.
10. Casket must be encased in an outer burial container made of concrete. 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.
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.
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 Memorial Day, Veterans' Day and other national holidays, the Veterans' organizations may join in
memorial services at the cemeteries upon scheduling with the City Clerk's Office.
15. 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.
16. Human remains only shall be buried in any municipal cemetery.
17. In an adult grave, the following will be permitted, at the discretion of the Parks Superintendent:
a. One (1) casket, plus two (2) cremains Of the two cremains, one must be an immediate family
member of the individual buried in the casket; or
b. Three (3) cremains. Of the three cremains, two must be immediate family members.
For purposes of these Rules and Regulations, an immediate family member shall be defined as an
individual who is related by blood, marriage or adoption.
18. No more than three (3) markers will be permitted per adult grave. The markers will run consecutively
beginning at the head of the plot. A second marker would be placed directly below the first and a third
marker would be placed directly below the second. At no time will more than three (3) markers be
permitted. 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.
19. Services that extend beyond the normal workday. shall be charged for staff time according to the rate
chart on file in the City Clerk's Office.
S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemetery Rules - Rule Addition - Rule #20 - 07-01-08.docS:\CC\WP\CE~1ETERY\CH1ETERY
RULES\RULES\Cemetery Rules Rule ChJnge Rule 1t1'J 06 17 08 P1eeting.doc
20. Disinterments/disentombments are restricted to the hours of 8:30 a,m. to 10:30 a,m. Special
accommodations for hours other than those stated are subiect to the approval of the Parks ManaQer.
MAUSOLEUM
1-M. Mausoleum Crypts or Niches - Prior to inurnment/entombment, 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 inurnment/entombment, 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 disinurnment/disentombment 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 disinurnment/disentombment 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 disinurnment/disentombment 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.)
2-M. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or
shrub.
3-M. All identification information including letters and emblems on crypts and niches shall be
inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at time
of interment.
Existing bronze letters shall be replaced with inscription by the City. Replacement inscription
shall be done at no cost to the owner of the crypt or niche, but shall be paid from the
Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing
bronze emblem with a sandblasted emblem shall be done at the owner's expense."
4-M. 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) vase 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."
$..:.\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemeterv Rules - Rule AddltioCL - Rule #20 - 07_-01-08,docS:\CC\WP\CH1ETERY\CEP1ETERY
RULES\RULES\Cemetery Rules Rule ChJnge Rule 1I1'J 06 17 08 ~1eeting.doc
5-M. 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.
6-M. All original sales 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.
7 -M. 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.
8-M. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum
Chapel on Memorial Day.
9-M. The Board of Governors from time to time may recommend the altering of the Rules and Regulations
for the government and improvement of the Mausoleum as it may deem requisite and proper, subject
to City Commission approval. At any time the Board of Governors proposes amending or altering the
Rules and Regulations 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. Boynton Beach Mausoleum, Inc. shall be given
forty-five (45) days from the date it receives notice of intended action by 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.
10-M. As of April 20, 2004, 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.
Amended JUNE 17. 2008 BY R08-072
S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemeterv Rules - Rule Addition - _Rule #20 - 07-01-08.docS:\CC\WP\CH1ETERY\CE~1ETERY
RULES\RULES\Cemetery Rules Rule ChJnge Rule 1t1'J 06 17 08 ~1eeting,doc