R09-070
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1 RESOLUTION R09- 070
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH AMENDING THE
6 CEMETERY RULES AND REGULATIONS BY ADDING
7 5 NEW RULES AND DELETING REFERENCE TO
8 BOYNTON BEACH MAUSOLEUM, INC.; PROVIDING
9 AND EFFECTIVE DATE.
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13 WHEREAS, the City Cemetery Board has made a recommendation to the City
14 Commission to completely revise the Cemetery Rules and Regulations and to add some new
15 rules; and
16 WHEREAS, upon recommendation from the City Cemetery Board, the City
17 Commission has determined that the revised Cemetery Rules and Regulations as attached
18 hereto are fair and reasonable.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH FLORIDA:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and arc hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2: The City Commission of the City of Boynton Beach hereby approves
25 the revised Cemetery Rules and Regulations as attached hereto as Exhibit "A".
26 Section 3. This Resolution shall become effective immediately upon its passage.
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1 PASSED AND ADOPTED this &IST day of April, 2009.
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3 CITY OF BOYNTON BEACH
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12 1f2~.
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14 Commissioner -~~-R~n~ld Weiland
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19 Commissio r osc Rodriguez
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23 Commissioner Marlene Ross
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25 ATTEST:
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34 (Corp. "
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I NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Reaulations
GENERAL
11. 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
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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
attached to the bronze marker.
Markers cannot be constructed of separate pieces of material laminated, glued or attached in any manner
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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.
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114. 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.
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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 subject to the approval of the Parks Manager.
21. All burial information must be submitted to the City Clerk's Office by 12:00 Noon on
Thursday for a burial service or entombment on the weekend (Saturday and Sunday) or 48
hours in advance on weekdays unless otherwise approved by the Parks Manager or his
designee.
22. Payment must be made in full by 12:00 Noon on Thursday for a weekend (Saturday and
Sunday) or 48 hours in advance of a weekday burial service or entombment service.
23. If the funeral director will not assume responsibility for payment of the invoice, the fees
must be paid in full by the family 48 hours in advance of the burial or entombment service.
24. A fee of $200 will be charged if the funeral director and/or family arrive at the cemetery
more than 30 minutes in advance of the scheduled service. If an earlier than scheduled
arrival is anticipated, the funeral director and/or family must contact cemetery staff in an
effort to work out the details of the arrival.
25. A fee of $200 will be charged for each half-hour (30 minutes) of delay from the scheduled
arrival time of the funeral. If a later than scheduled arrival is anticipated, the funeral
director and/or family must contact cemetery staff in an effort to work out the details of the
arrival.
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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
I Beach ::md 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 in full to the
City of tG-Boynton Beach Mausoleum, Inc.
After inurnment/entombment, resale or transfer of ownership shall be allowed~ only to the The City of
Boynton Beach may purchase the crypt or niche 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 termin3tion of
the contract 'Nith Boynton Beach Mausoleum, Inc
No disinurnment/disentombment shall be allowed except by the consent of the Board of Governors
Cemetery Board 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.)
When a crypt or niche was oriqinally sold, the City of Boynton Beach received 15% of the oriqinal
sales price, A transfer fee will be charqed when a previously purchased crypt or niche is resold.
The transfer fee will be the difference between the 15% paid to the City at the time of oriqinal sale and
15% of the resale price based on fair market value the day of the resale,
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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 ~rtifici~1 flowers, except silk flowers, ~re permitted in or ~round P4~usoleum buildings. All flowers
must be placed in an approved vase front of or ne~r ~ p~rticul~r crypt or niche ~nd Approved vases
include crypt-front vases or bronze vases previously approved bv the City. fEresh flowers can remain
for a maximum period of three (3) days. No artificial flowers, except silk flowers, are permitted in or
around Mausoleum buildings. One (1) vase per crypt/niche will be allowed. Flo'Ners must be in ~
cont~iner th~t h~s ~ solid b~se so th~t it will msily st~nd 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 P4~nJger Sexton determines that the
flowers have become unsightly, said flowers ~nd holder shall be removed and disposed of" tA-a
mJnner ~ccept~ble to the Cemetery P4~mger.
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"No potted plants containing soil, perlite, or other loose materials are permitted in chapels or
walkways in the Mausoleum. (Nete:- 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.~ Paper items,
envelopes, memorabilia or photoqraphs shall be allowed for two days.
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, Incthe City of Boynton Beach. The City of Boynton Beach 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.
gZ-M. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum
Chapel on Memorial Day.
I 9~-M. The Board of GovernorsCemeterv Board 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
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any City Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc, shall be
given forty five (15) 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 betvveen the City
of Boynton Beach and Boynton Beach Mausoleum, Inc,
+G~-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.
10-M, Vases may be purchased only by the property owner or their survivors directly from the City
of Boynton Beach
Amended Julv 15, 2008 by R08 077 Amended 3/6/2009 7:43 AM
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