HomeMy WebLinkAboutR-2025-136 Amendment to Cemetery Rules - Resident OnlyRESOLUTION NO. 2025-136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, IN ITS CAPACITY AS THE BOARD OF TRUSTEES
FOR THE MEMORIAL PARK AND WESTLAWN CEMETERIES TO
AMEND THE CEMETERY RULES AND REGULATIONS;
ESTABLISHING THE POLICY THAT SOLELY DANIA BEACH RESIDENTS
MAY UTILIZE MAUSOLEUM SPACES AND ENTOMBMENTS, AND
CEMETERY PLOTS, AND OTHER CEMETERY SERVICES, AND
MODIFYING THE FEE RESOLUTION TO REFLECT NON-RESIDENT
PRICING FOR THOSE WHO PURCHASED PLOTS PRIOR TO SEPTEMBER
15, 2025; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach has limited remaining capacity in its two
cemeteries, Memorial Park and Westlawn; and
WHEREAS, due to this limited capacity, the City seeks to amend its cemetery policy by
restricting the use of available entombments, burial plots, and related cemetery services at
Memorial Park and Westlawn solely to Dania Beach residents; and
WHEREAS, a resident may purchase multiple cemetery plots or lots (encompassing
several plots or spaces), and all interments within such lots are limited solely to Dania Beach
residents; and
WHEREAS, exceptions to this residency requirement shall apply to any former Mayor
or City Commissioner;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing findings are incorporated by reference, and they are
made a part of this Resolution.
Section 2. Solely City of Dania Beach residents are entitled to use the entombment,
cemetery plots and other cemetery services of the Memorial Park and Westlawn cemeteries
going forward, due to the limit space remaining in the cemeteries. This modification is
reflected in the amended Cemetery Rules and Regulations attached and incorporated by
reference into this Resolution as Exhibit A.
Section 3. Resolution 2010-022 is modified in the amended fee schedule attached
and incorporated by reference into this Resolution as Exhibit B.
RESOLUTION #2025-136 2
Section 3. That all Resolutions or parts of Resolutions in conflict with any portion
of the provisions in this Resolution are repealed to the extent of such conflict.
Section 4. That this Resolution shall be effective immediately.
PASSED AND ADOPTED on September 15, 2025.
Motion by Commissioner Ryan, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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Exhibit A.
Dania Beach Memorial Park Cemetery and
Westlawn Cemetery
RULES AND REGULATIONS
February 2024
September 2025
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Index
INTRODUCTION 5 SECTION A – DEFINITIONS Rule 1. City, Board of Trustees and Management 6
Rule 2. Cemetery Manager 6 Rule 3. Cemetery 6 Rule 3a. Plot 6 Rule 3b. Plot, Infant Burial 6
Rule 3c. Cremation Plot 6 Rule 3d. Lot 7 Rule 4. Infant 7 Rule 5. Interment 7
Rule 6. Memorial 7
Rule 7. Monument 7 Rule 8. Marker 7 Rule 9. Lot Marker 7 Rule 10. Certificate of Ownership 7
SECTION B - GENERAL SUPERVISION Rule 1. Admission to Cemetery 8
Rule 2. Manager in Charge of Funeral 8
Rule 3. Casket Not To Be Disturbed 8
SECTION C - INTERMENTS AND DISINTERMENTS GENERALLY Rule 1. Subject to Law 8
Rule 2. Time and Charges 8
Rule 3. Holidays 9 Rule 4. Notice 9 Rule 5. Application for Interment 9 Rule 6. Concrete Boxes 9
Rule 7. Location of Interment Space 9 Rule 8. Orders Given Verbally 10 Rule 9. Errors May Be Corrected 10 Rule 10. Delays in Interments Caused by Protests 10 Rule 11. Not Responsible for Embalming or Identity 11
Rule 12. No Interment Permitted unless Property Paid for 11 Rule 13. Interment of More than One Body 11 Rule 14. City Equipment Used 11
SECTION D - DISINTERMENTS AND REMOVALS Rule 1. Removal for Profit Prohibited 11 Rule 2. May Obtain Larger Plot 12 Rule 3. Care in Removal 12
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SECTION E - SERVICE CHARGES
Rule 1. Payment of Service Charges 12 Rule 2. Gratuities May Not Be Accepted by Employees 12
SECTION F - BURIAL RIGHTS OF PLOT OWNERS
Rule 1. Right of Interment under Certificate of Ownership 12
Rule 2. Right of Interment in Absence of Certificate of Ownership 13 Rule 3. Vested Rights of Lot Owners 14 Rule 4. Inalienability of Cemetery Plots 14
SECTION G - TRANSFERS OR ASSIGNMENTS
Rule 1. Cemetery Lots and Plots Not To Be Bequeathed 14 Rule 2. Consent of the City 14 Rule 3. Transfer of Option Prohibited 15
Rule 4. Transfer Charges 15 Rule 5. City May Buy 15
SECTION H - CONTROL OF WORK BY CITY Rule 1. Work to be Done by City 15
Rule 2. Manager Must Direct and May Remove Improvements 15
SECTION I - DECORATION OF PLOTS Rule 1. Floral Regulations 16 Rule 2. Certain Ornaments Prohibited 16
Rule 3. Removal of Floral Frames 17
Rule 4. Urns, etc. Subject to Approval 17 Rule 5. Flags 17
SECTION J - ROADWAYS AND REPLATTING
Rule 1. Right to Re-plat, Regrade and Use Property 18 Rule 2. No Right Granted In Alleyways 18
SECTION K - CONDUCT OF PERSONS WITHIN THE CEMETERY Rule 1. Must Use Walkways 18
Rule 2. Trespassers on Cemetery Plots 19 Rule 3. Children 19 Rule 4. Flowers, Etc. 19 Rule 5. Refreshments – (Alcoholic Beverages are Prohibited) 19
Rule 6. Trespassing Prohibited 19
Rule 7. Lounging on Grounds 19 Rule 8. Loud Talking 19 Rule 9. Smoking 19 Rule 10. Rubbish/Litter 20
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Rule 11. Automobiles 20 Rule 12. Bicycles and Motorcycles 20 Rule 13. Peddling or Soliciting 20
Rule 14. Notices and Advertisements 20 Rule 15. Pets/Animals 20 Rule 16. Time Grounds and Office Open 20 Rule 17. Manager to Enforce Rules 20
SECTION L - GRATUITIES
Rule 1. Gratuities May Not Be Accepted by Employees 21
SECTION M - PROTECTION AGAINST LOSS
Rule 1. When City Not Responsible 21
SECTION N - CHANGE IN ADDRESS OF PLOT OWNERS Rule 1. Plot Owner Must Notify Management 21
SECTION O - PERPETUAL CARE
Rule 1. Perpetual Care of Plots 22 Rule 2. Investment of Perpetual Care Funds 22 Rule 3. Expenditure Limited to Income 22 Rule 4. Funds May Be Deposited With Others of Like Character 22
Rule 5. Trustees to Direct Expenditures 23
Rule 6. Amount of Deposit for Ground Plots 23 Rule 7. Record of Deposits 23 Rule 8. Charitable Purpose of Endowment Funds 24
SECTION P - RULES FOR MEMORIAL WORK Rule 1. General 24 Rule 2. Bronze Markers 24 Rule 3. Bronze Memorials 24
Rule 4. No Metal Other than Bronze 25 Rule 5. Memorials 25 Rule 6. Standard Specifications 25 Rule 7. Errors in Placing of Memorials 27
SECTION Q - CERTIFICATE AND RULES AND REGULATIONS SOLE AGREEMENT Rule 1. Statements of Sales Agents 27
SECTION R - MODIFICATIONS AND AMENDMENTS
Rule 1. Exceptions and Modifications 28 Rule 2. Amendments 28
SECTION S – MAUSOLEUMS 28 Rule 1. Materials
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RULES AND REGULATIONS
GOVERNING
Dania Memorial Park Cemetery and Westlawn
Cemetery
These Rules and Regulations were approved by the City Commission of the City of Dania Beach.
INTRODUCTION
For the mutual protection of all purchasers of lots or plots in Dania Memorial Park Cemetery and
Westlawn Cemetery (the “cemeteries”), the following Rules and Regulations govern the
ownership, use and control of all lots or plots, as well as any amendments which may subsequently
be adopted by the City and its Board of Trustees. The reference to these Rules and Regulations in
the Certificate of Ownership of a lot or plot, or in the recorded plat shall have the same force and
effect as if these Rules and Regulations were set out in full in them. The title to all land known as
Dania Memorial Park Cemetery and Westlawn Cemetery is vested in the City of Dania Beach, a
municipal corporation of Florida.
SECTION A
Definitions
RULE 1. CITY, BOARD OF TRUSTEES AND MANAGEMENT — Whenever in these
Rules the word “City” is used, it shall apply to and mean the City of Dania Beach, a municipal
corporation of Florida. Whenever the words “Board of Trustees” are used it shall mean and apply
to the City Commission of the City of Dania Beach, Florida in its capacity acting as the Board of
Trustees of Dania Memorial Park Cemetery and Westlawn Cemetery. Whenever the word
“Management” is used, it shall apply to the properly designated agents and employees of the City.
RULE 2. CEMETERY MANAGER (“MANAGER”) – The person or designee designated by
the City to act in the capacity of Manager of the Cemeteries, and the term includes the designees
of the Manager.
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RULE 3. CEMETERY - The term “cemetery” is defined to include a burial park for earth
interments, a community mausoleum and columbariums for cinerary interments, or a combination
of the foregoing.
RULE 3a. PLOT — The term “plot” shall apply to a space of sufficient size to accommodate one
adult interment, approximately 3 feet x 10 feet.
RULE 3b. PLOT, INFANT BURIAL. — The term “Plot, Infant Burial” shall apply to a space
of sufficient size to accommodate one infant interment, approximately 3 feet x 5 feet.
RULE 3c. CREMATION PLOT — The term “Cremation Plot” shall apply to a space of
sufficient size to accommodate the remains of one cremated body, approximately 3 feet x 2 feet.
RULE 3d. LOT — The term “lot” shall apply to numbered divisions as shown on the Record Plat,
which consists of six (6) or more plots.
RULE 4. INFANT – The term “infant” shall apply to any child who had not reached his or her
first birthday.
RULE 5. INTERMENT — The term “interment” shall mean the permanent disposition of the
remains of a deceased person by cremation and inurnment, entombment or burial.
RULE 6. MEMORIAL — The term “memorial” includes a monument, marker, tablet, headstone,
private mausoleum or tomb for family or individual use, tombstone, coping, lot enclosure, surface
burial vault, and an urn as well as crypt and niche plates.
RULE 7. MONUMENT — The term “monument” includes a tombstone or memorial of granite,
or other authorized material, which shall extend above the surface of the ground.
RULE 8. MARKER — The term “marker” means a memorial installed flush with the ground.
RULE 9. LOT MARKER — The term “lot marker” means a concrete or other suitable material
used by the City to locate corners of a lot or plot.
RULE 10. CERTIFICATE OF OWNERSHIP — The term “Certificate of Ownership” shall
apply to the conveyance given by the City to the original purchaser of a lot or plot presented to the
owner in the presence of the Management or designee, designating and specifying the person or
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persons entitled to burial in the lot or plot for which the Certificate of Ownership is issued.
SECTION B
General Supervision
RULE 1. ADMISSION TO CEMETERY — The City reserves the right to compel all persons
driving motor vehicles into Dania Memorial Park Cemetery and Westlawn Cemetery to bring their
vehicles to a full stop at each entrance, and further reserves the right to refuse admission to the
cemetery grounds, and to refuse the use of any of the Cemetery facilities at any time to any person
who does not comply with these Rules.
RULE 2. MANAGER IN CHARGE OF FUNERAL — All funeral processions, upon entering
the cemetery grounds, shall be under the control and supervision of the Cemeteries’ Manager (the
“Manager”) or designees. However, this Rule shall not alter the responsibility of the funeral
director to be present and to conduct the burial services as provided by the laws of the State of
Florida and the Rules and Regulations governing the cemeteries.
RULE 3. CASKET NOT TO BE DISTURBED — Once a casket containing a body is placed
within the confines of a cemetery, no funeral director, embalmer, assistant, employee or agent,
shall be permitted to open the casket or to touch the remains unless consent is given by a legal
representative of the deceased, or pursuant to a court order.
SECTION C
Interments and Disinterments Generally
RULE 1. SUBJECT TO LAW — In addition to these rules and regulations, all interments,
disinterments and removals are made subject to the orders and laws of the properly constituted
authorities of the City, Broward County and State of Florida.
RULE 2. TIME AND CHARGES — All interments, disinterments and removals must be made
at the time and in the manner and upon such charges as fixed by the City.
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RULE 3. NO INTERNMENTS SUNDAYS AND HOLIDAYS — No interments, distinterments,
removals, or interment services shall be permitted on Sundays, or on any of the following City
observed holidays: New Year’s Day, Christmas Day and Thanksgiving Day. The City may refuse
to provide for an interment until a more expedient time is available if the remains arrive at a
cemetery gate after 3:30 P.M. or if too many internments arrive at the same hour.
RULE 4. NOTICE — The Manager shall be notified at least forty-eight (48) hours prior to any
interment, and at least one (1) week prior to any disinterment or removal.
RULE 5. APPLICATION FOR INTERMENT — The City reserves the right in the absence of
the Certificate of Ownership to refuse interment in any lot or plot, and to refuse to open any burial
space for any purpose, except upon written application by the lot or plot owner of record. A verbal
order may be accepted by the Manager, when the verbal order is from a licensed funeral director
and the licensed funeral director accepts the responsibility to meet all charges incurred by the City,
including the responsibility for the purchase price of the lot or plot and the charges for opening
and closing a grave, as well as any and all other charges, provided, however, that the provisions of
Rule 8 hall still apply in instances of orders given verbally. Starting September 15, 2025, and
moving forward only City of Dania Beach residents may be interned or entombed at the City’s
cemeteries. However, any former Dania Beach elected official that may move out of the City may
be interned or entombed at the City’s cemetery regardless of the residency requirement in this
policy.
RULE 6. CONCRETE BOXES — Every earth interment shall be made so that it is enclosed in
a concrete box/vault/liner. A concrete vault, box or liner provided by the funeral director shall be
of a type approved by the Manager and must be installed by the funeral director under the
supervision of the Manager. This includes adult, infant and cremation interments. If cremains are
placed in a sealed cremation urn made of marble or granite, it can be placed directly into a plot
without a vault or liner.
RULE 7. LOCATION OF INTERMENT SPACE — When instructions regarding the location
of an interment space cannot be obtained, or are indefinite or when for any reason the interment
space cannot be opened where specified, the Manager may, in his
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the Manager’s discretion, open it in such location of the lot deemed best and proper, so as not to
delay the funeral and the City shall not be liable in damages for any error made.
RULE 8. ORDERS GIVEN VERBALLY — The Manager shall not be held responsible for any
order given verbally, or for any mistake occurring from the lack of precise and proper instructions
as to the particular space, size and location in a plot where interment is desired.
RULE 9. ERRORS MAY BE CORRECTED — The City shall have the right to correct any
error that may be made by it either in making interments, disinterments or removals, or in the
description, transfer or conveyance of any interment property, either by canceling such conveyance
and substituting and conveying in lieu of such conveyance other interment property of equal value
and similar location to the extent possible, or conveyance by a method selected by the Manager,
or in the sole discretion of the City, by refunding the amount of money paid on account of the
purchase. In the event such error shall involve the interment of the remains of any person in a
different location, the Manager shall have the right to remove or transfer such remains so interred
to such other property of equal value and similar location as may be substituted and conveyed. The
Manager shall also have the right to correct any errors made by placing an improper inscription,
including an incorrect name or date on the memorial.
RULE 10. DELAYS IN INTERMENTS CAUSED BY PROTESTS — The City shall not
be liable for any delay in the interment of any remains where a protest against the interment has
been made, or where the Rules and Regulations have not been complied with, and, the City shall
have the right, under such circumstances, to place the remains in a receiving vault until full rights
have been determined. The Manager shall be under no duty to recognize any protests of interments
unless they are in writing and filed in the office of the Manager.
RULE 11. NOT RESPONSIBLE FOR EMBALMING OR IDENTITY — The City and the
Manager shall not be liable for the interment permit nor for the identity of the person sought to be
interred or who was cremated, nor shall the City or Manager be liable in any way for the embalming
of the body.
RULE 12. NO INTERMENT PERMITTED UNLESS PROPERTY PAID FOR IN FULL —
No interment shall be permitted on in, or memorial placed in or on, any lot or plot in a cemetery
where the purchase price for it has not been paid in full.
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RULE 13. INTERMENT OF MORE THAN ONE BODY — Not more than one body, or the
remains of more than one body, shall be interred in one grave, except in the case of a parent and
newborn child, unless such grave has been purchased with the written agreement that more than
one body, or the remains of more than one body, may be interred, or by written consent of the
Manager, and provided proper identification is made of such interment or interments identified on
one regulation memorial. When a full size adult plot is used for cremated remains, a maximum of
two (2) urns may be placed in the plot.
RULE 14. CITY EQUIPMENT USED — Tents, artificial grass, lowering devices, and other
equipment owned by the City, in connection with the operation of the City cemeteries, shall be
used exclusively in making interments, disinterments and removals.
SECTION D
Disinterments and Removals
RULE 1. REMOVAL FOR PROFIT PROHIBITED — Removal by the heirs of a body or
cremated remains so that the lot or plot may be sold to themselves or another person, or removal
contrary to the expressed or implied wish of the original plot or lot owner, is prohibited.
RULE 2. MAY OBTAIN LARGER PLOT — A body or cremated remains may be removed
from its original lot or plot to a larger or preferred lot or plot in a cemetery, where there has been
an exchange or purchase for that purpose and City expenses are fully paid.
RULE 3. CARE IN REMOVAL — The Manager shall exercise the utmost care in making a
removal, but assumes no liability for damage to any casket, burial case or urn incurred in making
the removal.
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SECTION E
Service Charges
RULE 1. PAYMENT OF SERVICE CHARGES — The charges for the services in connection
with an interment, disinterment or removal must be paid at the time of the issuance of the order
for interment, disinterment or removal.
RULE 2. GRATUITIES MAY NOT BE ACCEPTED BY EMPLOYEES — No person,
while employed by the City shall be given or receive any fee, gratuity or commission in
connection with performance of City duties.
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SECTION F
Burial Rights of Plot Owners
RULE 1. RIGHT OF INTERMENT UNDER CERTIFICATE OF OWNERSHIP —
At the time of purchase of a lot or plot, or at any time thereafter during the purchaser’s or transferee’s
lifetime, and in accordance with these Rules and Regulations, the owner or owners of any such lot
or plot may present his or her or their Certificate of Ownership and execute in the office of the
Manager specifically designating the persons entitled to be buried in any or all of the plots in
the lot, or vesting the right of designation for unreserved plots in a named person. No other
person may be buried in any plot designated by the owner, or owners, in the Certificate of Ownership
except by an amended Certificate of Ownership, executed by the owner or owners in the office of
the Manager.
The owner or owners of any lot may identify in the Certificate of Ownership the names of the
persons to be interred and limit the persons entitled to be buried in the lot to those persons
designated in the Certificate of Ownership. In the event the owner or owners fail to designate burial
rights as to each plot in the lot, or fail to limit burials in the plot to those designated in the Certificate
of Ownership, then, as to the plots not designated, the right of burial shall be as provided in Section
F, Rule 2, Paragraph (b) of these Rules.
Upon application by any person for interment of a body in a given plot, the burden of proof as to
the identity of the person to be interred rests upon the applicant. No liability shall rest upon or be
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chargeable to the City in case of a false or negligent statement in any such application. The City
will make diligent effort to determine that only persons entitled to be interred in a given plot are
so interred.
As of September 15, 2025, all Cemetery services not previously purchased shall be dedicated
solely to City of Dania Beach residents in need of internment or entombment or other cemetery
services in accordance with Rue (F)(2). All prior purchased plots purchased by nonresidents will
be honored without the residency restriction.
RULE 2. RIGHT OF INTERMENT IN ABSENCE OF CERTIFICATE OF OWNERSHIP
— In the absence of a Certificate of Ownership by the registered owner of a lot, the right of
interment shall be in the following order for City of Dania Beach residents:
(a) One plot shall be forever reserved for the owner and one for the owner’s surviving
spouse, if any.
(b) The remaining plots in the lot shall be held in trust by the City, for burial of the
following persons in the order of their death and request for burial:
(1) The children of the owner or owners,
and their respective spouses.
(2) Lineal descendants of the owner or
owners and their respective spouses.
(3) Parents of the owner or owners.
Plots purchased after September 15, 2025, are to be sold solely to City of Dania Beach residents in
accordance with Rule (F)(2). Plots purchased after September 15, 2025, may only have resident
internments or entombments in accordance with Rule (F) (2).
RULE 3. VESTED RIGHTS OF LOT OWNERS — The burial rights in all lots and plots
conveyed shall be presumed to be the sole and separate property of the person or persons named
as grantee in the Certificate of Ownership, in accordance with these Rules and Regulations;
provided, however, that the husband or wife shall have a vested right of interment of his or her
body in any burial plot conveyed to the other, which shall continue as long as he or she shall remain
the husband or wife of the plot owner or shall be his or her wife or husband at the time of such plot
owner’s demise. No conveyance or transfer shall divest the husband or wife of an owner of his or
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her vested right of interment without the joinder executed by the spouse in the office of the
Manager.
RULE 4. INALIENABILITY OF CEMETERY PLOTS — All lots, the use of which has been
conveyed in a Certificate of Ownership, are indivisible.
Whenever an interment of the remains of a member, or of a relative of a member of the family of
the record owner, or of the record owner, is made in a plot, the plot becomes non-transferable and
shall be held as the family plot of the owner, except as otherwise provided by Certificate of
Ownership.
SECTION G
Transfers or Assignments
RULE 1. CEMETERY LOTS AND PLOTS NOT TO BE BEQUEATHED — No cemetery
lot or plot may be bequeathed or devised by will as is other property or real estate, nor shall a lot
or plot descend according to the laws of descent and distribution.
RULE 2. CONSENT OF THE CITY — No transfer or assignment of any lot or plot, or interest
in them, shall be valid without the consent in writing of the Board of Trustees, and such transfer
or assignment must be executed in the office of the Cemetery Manager, and upon forms provided
by the City. The original Certificate of Ownership must be presented at the time an application for
a transfer is made. Any future transfers, of plots purchased after September 15, 2025, shall solely
be authorized to other City of Dania Beach residents in accordance with rue (F)(2). Plots purchased
prior to September 15, 2025 shall not have said resident restriction.
RULE 3. TRANSFER OF OPTION PROHIBITED — The City may refuse to consent to a
transfer of any option to purchase, where a balance of the purchase price is still owing to the City.
Any future transfers, after September 15, 2025, shall solely be authorized to other City of Dania
Beach residents.
RULE 4. TRANSFER CHARGES — All transfer of ownership in lots or plots shall be subject
to a charge of $100.00, which charge must be paid to the City when the transfer is recorded.
RULE 5. CITY MAY BUY — In the event the original lot owner moves his or her residence from
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Dania Beach Broward County permanently and is not able to find a suitable buyer for the lot or
plot, the City may buy back the lot or plot at the original price paid, provided, however, that a
deduction will be made of $100.00 for the transfer charge.
SECTION H
Control of Work by City
RULE 1. WORK TO BE DONE BY THE CITY — All grading, landscape work and
improvements of any kind, all care of lots and plots; all planting, trimming, cutting and removal
of trees, shrubs and herbage, all openings and closings of lots and plots, and all interments,
disinterments and removals shall be made by the City.
RULE 2. MANAGER MUST DIRECT AND MAY REMOVE IMPROVEMENTS —
All
improvements or alterations of lots and plots in a cemetery shall be under the direction of, and
subject to, the consent, satisfaction and approval of the Manager; and should same be made without
the Manager’s written consent, the Manager shall have the right to remove, alter or change such
improvements or alterations at the expense of the plot
or lot owners, and in any event, at any time, in the Manager’s judgment, if they become deteriorated
or unsightly.
SECTION I
Decoration of Plots
RULE 1. FLORAL REGULATIONS — No flower receptacles may be placed on any lot or plot
unless made of rust-proof metal of approved size and design and same shall be set wholly beneath
the level of the lawn. The Manager shall have authority to remove all floral designs, flowers,
weeds, trees, shrubs, plants, herbage or items of any kind from the cemetery as soon as, in the
judgment of the Manager, they become unsightly, dangerous, detrimental or diseased, or when
they do not conform to the maintenance standards of the City. The City shall not be liable for floral
pieces, baskets, frames or items in which, or to which, such floral pieces are attached, beyond the
acceptance of such floral pieces for funeral services held in a cemetery. The Management shall not
be responsible for frozen plants, or herbage of any kind, or for plantings damaged by the elements,
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thieves, vandals, or by other causes beyond City control. The Board of Trustees reserves the right
to regulate the method of decorating lots and plots so that a uniform pleasant appearance may be
maintained. The City reserves the right to prevent the removal of any flowers, floral designs, trees,
shrubs, plants, or herbage of any kind, unless the Manager gives consent.
RULE 2. CERTAIN ORNAMENTS PROHIBITED — The placing of boxes, shells, toys, metal
designs, ornaments, chairs, settees, glass vases, glass, wood or iron cases, and other articles of any
kind upon plots or lots shall not be permitted. Garden mulch, ornamental rocks, stones and bricks,
solar lights and PVC pipes shall not be permitted on the grounds, and if so placed, the Management
reserves the right to remove them.
RULE 3. REMOVAL OF FLORAL FRAMES — Floral frames when removed from a lot or
plot, unless called for within five (5) days after placement by those lawfully entitled to them, may
be disposed of by the Management in any manner it sees fit.
RULE 4. URNS, ETC. SUBJECT TO APPROVAL — All fittings, adornments, urns,
inscriptions and the like are subject to the approval, control, and acceptance or rejection by the
Manager or designee in accordance with these Rules.
RULE 5. FLAGS - All flags for individual lots or plots shall be no larger than eight inches (8”)
by twelve inches (12”). Consistent with 36 USC 902(B)-(D) (Pub. L. 105-85, Section 1082) the
POW/MIA flag and the United States flag may be placed on individual lots on the following days:
Date of internment
Armed Forces Day (third Saturday in May)
Memorial Day (the last Monday in May) Flag
Day (June 14)
Independence Day (July 4)
National POW/MIA Recognition Day (the 3rd Friday of September) Veterans
Day (November 11)
The Thin Blue Line “Police” flag may be placed on an individual lot on the following days:
Day of internment
Police Officer Memorial Day (May 15)
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No other flags are permitted to be displayed without the advance written consent of the Board of
Trustees. All flags must be removed within three days after the date of permitted placement. Failure
to timely remove any flag shall be cause for the City to remove it and dispose of flags that are not
timely removed, with no liability of the City.
SECTION J
Roadways and Replotting
RULE 1. RIGHT TO REPLAT, REGRADE AND USE PROPERTY — The right to
enlarge, reduce, re-plat or change the boundaries or grading of a cemetery, or of a section or
sections, from time to time, including the right to modify or change the locations of, or remove or
regrade roads, drives or walks, or any parts of them, is expressly reserved to the City. The right to
lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage
systems or components, lakes, etc., is also expressly reserved to the City, as well as the right to use
cemetery property not sold to individual lot owners for cemetery purposes, including the interring
and preparing for interment of deceased persons’ remains, or for anything necessary, incidental or
convenient from them. The City reserves to itself and to those who visit a cemetery, a perpetual
right of ingress and egress over lots and plots for the purpose of passage to and from other lots or
plots.
RULE 2. NO RIGHT GRANTED IN ALLEYWAYS — No easement or right of interment is
granted to any lot or plot owner in any road, drive, alley or walkway within a cemetery, but such
road, drive, alley or walkway may be used as a means of access to the cemetery and its buildings
as long as the Management devotes them to such purposes.
SECTION K
Conduct of Persons Within a Cemetery
RULE 1. MUST USE WALKWAYS — Persons within cemetery grounds shall use only the
avenues, walkways, alleys and roads. The City shall not be liable for any injuries sustained by any
person injured while walking on grass or while using any portion of a cemetery other than the
avenues, walkways, alleys or roads.
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RULE 2. TRESPASSERS ON CEMETERY PLOTS — Only the lot or plot owner, relatives
and friends of the deceased person shall be permitted to visit a lot or plot.
RULE 3. CHILDREN — Children under fifteen years of age shall not be permitted within a
cemetery or its buildings, unless accompanied by a parent, guardian or responsible adult over the
age of 18 years old.
RULE 4. FLOWERS, ETC. — All persons are prohibited from gathering flowers, either wild or
cultivated, or breaking limbs of trees, shrubbery or plants, or feeding or disturbing birds, fish or
other animal life within cemetery grounds.
RULE 5. REFRESHMENTS — No person shall be permitted to bring food, beverages and
refreshments of any kind within cemetery grounds or buildings. Alcoholic beverages are strictly
prohibited.
RULE 6. TRESPASSING PROHIBITED — Persons other than plot and lot owners, relatives
and friends of a deceased person shall not be permitted to trespass in a cemetery, or in or around
any of the buildings.
RULE 7. LOUNGING ON GROUNDS — No one shall be permitted to sit or to remain in or on
any of the grounds, graves or monuments in a cemetery or in any of the buildings unless such
person is visiting a gravesite.
RULE 8. LOUD TALKING — No loud talking or loud music shall be permitted on and within
cemetery grounds within hearing distance of persons attending funeral services or if audible to any
nearby residential area.
RULE 9. SMOKING — Smoking within any of the buildings is prohibited.
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RULE 10. RUBBISH/LITTER — The depositing or throwing of rubbish on the drives and paths,
or on any part of cemetery grounds, or in the buildings, is prohibited. Receptacles for waste
material are located at convenient places and must be used.
RULE 11. AUTOMOBILES — Automobiles shall not be driven through the grounds at a greater
speed than fifteen miles per hour and must always be kept on the right hand side of a cemetery
roadway. Automobiles are not allowed to park or to come to a full stop in front of an open grave
unless such automobiles are in attendance at a funeral service.
RULE 12. BICYCLES AND MOTORCYCLES — No bicycles or motorcycles shall be
admitted to a cemetery except such as may be ridden by persons in attendance at funerals or
engaged in official business.
RULE 13. PEDDLING OR SOLICITING — Peddling of flowers, plants or any item or
soliciting the sale of any commodity is prohibited within the confines of the cemeteries.
RULE 14. NOTICES AND ADVERTISEMENTS — No signs, notices or advertisements of any
kind shall be allowed in a cemetery unless placed by the Management.
RULE 15. PETS/ANIMALS — No one shall be allowed to bring an animal or pet onto the
cemetery grounds or in any of the buildings, other than service animals as permitted by law.
RULE 16. HOURS FOR GROUNDS AND OFFICE OPEN — The cemetery grounds and
buildings shall be open from dawn to dusk. The cemetery offices shall be open at the times and days
designated by the Manager.
RULE 17. MANAGER TO ENFORCE RULES — The Manager is empowered to enforce all
Rules and Regulations, and to exclude from the cemeteries any person violating them. The
Manager shall have charge of the grounds and buildings, including
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the conduct of funerals, traffic, employees, lot and plot owners and visitors, and, at all times shall
have supervision and control over the conduct of all persons in the cemeteries.
SECTION L
Gratuities
RULE 1. GRATUITIES MAY NOT BE ACCEPTED BY EMPLOYEES — No person, while
employed by the City shall seek or receive any fee, gratuity or commission, except from the City, either directly or indirectly, under penalty of disciplinary action. SECTION M
Protection Against Loss
RULE 1. WHEN CITY NOT RESPONSIBLE — The City shall take reasonable precautions to
protect lot and plot owners and their rights within the cemeteries from loss or damage but disclaims
all responsibility for loss or damage from causes beyond the reasonable control of the City, and,
especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals,
strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections,
riots, or order of any military or civil authority, whether the damage be direct or indirect.
SECTION N
Change of Address of Plot Owners
RULE 1. LOT AND PLOT OWNERS MUST NOTIFY MANAGEMENT — It shall be the
duty of each lot and plot owner to notify the Management of any change in one’s mailing address.
Notice sent to a lot or plot owner at the last address on file in the office of a cemetery shall be
considered sufficient and proper legal notification.
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SECTION O
Perpetual Care
RULE 1. PERPETUAL CARE OF PLOTS — Perpetual care is that care and maintenance
necessitated by natural growth and ordinary wear which can be provided at reasonable intervals
with income from the perpetual care fund, and includes the planting, cutting, watering, and care of
lawns, trees and shrubs; the cleaning and upkeep of buildings; and the maintenance of utilities,
walls, roadways and walkways. The City may also use a portion of the income from such fund for
such general care, maintenance, repairs and embellishment as it in its sound discretion shall deem
to be for the best interests of the cemeteries to the end that the cemeteries are generally to be kept
in the best condition possible within the limits of such income.
RULE 2. INVESTMENT OF PERPETUAL CARE FUNDS — The money received for
perpetual care shall be held in trust and invested as provided by City policy. The Board of Trustees
reserves the right, however, either to handle all investments itself, or to deposit such funds with
any person, company or corporation qualified to act as a trustee for such funds.
RULE 3. EXPENDITURE LIMITED TO INCOME —Perpetual care, whether applied to lots,
plots, graves or to any space within the confines of a cemetery, shall be limited to the income
received from the investment of the perpetual care fund with no part of the principal being
expended.
RULE 4. FUNDS MAY BE DEPOSITED WITH OTHERS OF LIKE CHARACTER — It
is understood and agreed between any purchaser and the City that all of the perpetual care funds
shall be deposited in the official depository designated by the Board of Trustees to the end that the
income from such accumulated perpetual care fund shall be used in the general improvement and
perpetual care as above provided but in no case shall an obligation of the Management be
construed as a contract to care for any
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individual property or space other than as provided above and the endowment care of the
cemeteries shall be limited to such care as can be provided with the net income received from the
investment of the funds.
RULE 5. TRUSTEES TO DIRECT EXPENDITURES — The net income from the perpetual
care fund shall be expended by the Board of Trustees in such a manner as will, in its judgment, be
most advantageous to the lot, plot and mausoleum owners as a whole. The Board of Trustees is
given the full power and authority to determine upon what property, for what purpose, and in what
manner, the income from the fund shall be expended, and it shall expend the income in such a
manner as, in its sole judgment, it may deem advisable for the care, reconstruction, repair and
maintenance of all or any portion of the cemeteries’ grounds, and it may also expend the income
for attorney fees and other costs necessary to the preservation of the legal rights of the City in the
operation of the cemeteries.
RULE 6. AMOUNT OF DEPOSIT FOR GROUND PLOTS — From the purchase price of any
lot, plot or mausoleum space, there shall be set aside for the perpetual care fund not less than 50%
of the sale price. The City is prohibited from donating, giving or issuing a Certificate of Ownership
for any lot, plot or mausoleum space in the cemeteries to any person or persons, firm, corporation
or organization, without the payment of the full amount of the purchase price.
RULE 7. RECORD OF DEPOSITS — The record books of the cemeteries, and the receipts
issued by the City shall show the amount of the endowment care funds that have been collected
and set aside in each case.
RULE 8. CHARITABLE PURPOSE OF PERPETUAL CARE FUNDS — The sums paid
in or contributed to the perpetual care funds are expressly authorized for a charitable purpose.
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SECTION P
Rules for Memorial Work
RULE 1. GENERAL — Monuments or stones of any kind, or enclosures, shall not be permitted.
Only bronze tablets or markers shall be allowed, and they must be set level with the ground at the
head, foot or both of each grave, except in the case of a family marker, which shall be set in the
center of the plot. The foundation must be placed by the City. No markers may be set to embrace
two or more lots, nor shall double markers be permitted, nor shall two or more inscriptions be
allowed on one marker, unless specifically permitted by the Management. The Management shall
make all decisions as to whether a marker is placed at the head or foot of a grave. Unless otherwise
specified the head of a grave shall be located away from a sidewalk, road, drive, path or walkway.
Temporary markers shall be installed by the Cemetery staff but will only be permitted to remain
on the grave for up to 90 days.
RULE 2. BRONZE MARKERS — All bronze markers are to be placed by the City. No marker
shall be placed without the written approval of the City and any marker will be removed which
does not comply with rules and regulations of the cemeteries.
RULE 3. BRONZE MEMORIALS — To preserve uniformity, style, grade and workmanship of
bronze memorials, all such memorials shall be manufactured of such bronze material as approved
by the City, and of such standard design and material prescribed by the City, which designs are on
display at the cemetery office and shall be purchased from the City and paid for at their regular
published price at the time of purchase. The price of such bronze memorials shall at all times be
reasonable and the memorials shall be of this quality, workmanship and design.
RULE 4. NO METAL OTHER THAN BRONZE — No metal other than standard bronze as
prescribed by the Management will be permitted in any memorial.
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RULE 5. MEMORIALS — No family or organization marker shall be allowed in any lot or plot
of an area of less than 200 square feet. This rule applies to family plots as well as plots reserved
for churches or any other organizations.
RULE 6. STANDARD SPECIFICATIONS — The following standard specifications are
provided for the use of manufacturers of bronze memorial tablets intended for placement in a
cemetery (all markers or tablets are subject to the approval of the Management prior to placement,
and acceptance or rejection shall be based upon the specifications contained in this Rule. A one-
time temporary marker will be placed at the gravesite as a courtesy until a permanent marker can
be obtained. After 90 days the temporary marker will be removed by the City. The family of the
deceased will be responsible for placement of a City approved memorial.
1. Sizes and Dimensions
A. Outside dimensions include flange
1. Family Memorial:
Width—Not less than 13 inches and not more than 24 inches. Length
— Not less than 42 inches and not more than 60 inches.
2. Individual Markers:
Width — Not less than 12 inches and not more than 18 inches.
Length — 24 inches.
3. Infant Memorials:
Width — Not less than 6 inches and not more than 10 inches. Length
— Not less than 12 inches and not more than 20 inches.
4. Approved bronze memorial vases may be substituted for any
individual or infant marker.
B. Sloping Flange
1. Width — 2 inches on both large and small markers.
2. Height of flange edges — not less than 3/8 inches.
3. Thickness of metal — not less than 3/16 inches.
C. Attachment Bolts
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1. 6 bronze attachment bolts on back face of each marker.
2. Diameter — not less than 5/16 inches.
3. Exposed length — not less than 3 inches.
4. Must be formed for concrete setting.
5. Bolts may be cast integrally or attached by screw, threading not less
than 3/8 inches, in case lugs are on hack face of casting.
2. Materials
A. Standard of quality — Bulletin No. QQB-691b-A1 of the U. S.
Bureau of Standards on the subject of “bronze castings”.
1. Proportions of materials as follows:
88% copper, 2% lead, 8% tin, 7% zinc; a variation not exceeding 1% is
permissible on each above material specified; all virgin metals must be
used and mixed to a uniform alloy at proper temperature.
2. No other alloys of metals or combinations of materials are
acceptable.
3. Designs
A. Standard designs are on display at the cemetery office.
B. Any design other than a standard design is subject to advance
written approval by Management before placement.
4. Craftsmanship
A. General Requirements
1. Markers shall be free from sand holes, pits and other imperfections which
mar the appearance of and impair the usefulness and stability of the
finished markers.
2. All ornaments shall be clean and precise, and all edges true and
accurate to the standard dimensions defined in this document.
B. Lettering
1. Shall be carefully spaced and accurately set in line, both vertically and
horizontally.
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2. Names, dates, inscriptions and emblems shall be arranged so as to result
in an artistic and neat appearing plate.
3. Style of lettering should be preferably round-faced classic, V- shaped
classic, or flat-faced classic. Other styles of lettering are permitted but
are subject to advance written approval by Management.
5. Finish
A. General Requirements
1. Castings shall be free from scale, sand, pinholes and pits.
2. All ornamentation, face of letters and background shall be hand- chased,
hand-tooled and burnished appropriately for a memorial tablet.
3. Matching of approved color and texture, as per sample marker, shall be
done by an oxidizing process approved by Management.
4. No colored lacquer or lacquer-carrying-pigment shall be used. RULE 7. ERRORS IN PLACING OF MEMORIALS — The Management reserves and shall
have the right to correct any error that may be made by its employees or to have any person
responsible for the error in the location or placing of a memorial in the cemetery to correct it.
SECTION Q
Certificate and Rules and Regulations Sole
Agreement
RULE 1. STATEMENTS OF SALES AGENTS — The Certificate of Ownership, and these
Rules and Regulations, and any amendments to them, shall be the sole agreement between the City
and the lot or plot owner.
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SECTION R
Modifications and Amendments
RULE 1. EXEMPTIONS AND MODIFICATIONS —
A. General Provisions
1. Special cases may arise in which the literal enforcement of a Rule may impose
unnecessary hardship. The City Manager reserves the right, without notice, to make
exceptions, suspensions or modifications when, in the Manager’s judgment, the
same appear advisable and such temporary exceptions, suspensions or
modifications shall in no way be construed as affecting the general application of
such Rule.
RULE. 2. AMENDMENTS — The Board of Trustees may, and it expressly reserves the right at
any time or times, to adopt new Rules and Regulations, or to amend, alter and repeal any Rule,
Regulation and article, section, paragraph and sentence in these Rules and Regulations.
SECTION S
Mausoleum
RULE 1. MATERIALS —
1. All remains entombed in mausoleums shall be in a casket or alternative container
conforming to the standards as prescribed by the Cemetery. The cost of said container will be the
responsibility of the person arranging for the entombment.
2. That the sole approved material for a mausoleum memorial is a beige ceramic with
the following dimensions is 35 3/8 x 28 ¾. The title shall be provided by Cemetery staff to the
family/representative of the deceased to be engraved by a third-party.
3. The dimensions of a slot memorial are 35 1/3” W x 28 ¾” L.
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4. The dimensions of a niche memorial are 13 1/3” W x 13 1/3” L.
5. Flowers, pictures, or other objects are not allowed on the mausoleum wall.
6. No objects may be taped, glued or otherwise secured to the mausoleum.
7. All flowers, balloons, or funeral memorials placed in front of the mausoleum must be
removed within three (3) days of the funeral service.
8. The Cemetery may remove, at any time, flowers that are intrusive to other units,
become unsightly, or interfere with a service to be performed.
9. The Cemetery Manager or his/her designee’s shall have the authority to remove any
and all decorations, balloons, floral designs, flowers, weeds, trees, shrubs, plants or herbage of any
kind from the Cemetery or mausoleum as soon as, in the Cemetery Manager or his/her designee’s
judgment, they have become unsightly, dangerous, or diseased, or when they do not conform to the
standard maintained. The Cemetery Manager or his or her designee shall have the authority to remove
any and all decorations, balloons, floral designs, flowers, weeds, trees, shrubs, plants or herbage of
any kind from the Cemetery or mausoleum as soon as, in the Cemetery Manager or his/her designee’s
judgment, they have become unsightly, dangerous, or diseased, or when they do not conform to the
standard maintained. The City shall bear no liability for any floral tributes, baskets or frames, or any
item or portion of an item that has been placed upon any space as a tribute to the deceased.
10. Only one casket holding one deceased, or two (2) urns can be entombed in a slot.
11. Only one urn can be entombed in a niche.
12. No memorial can be attached until the slot or niche is paid for in full.
13. The same rules for transferring plots apply to the transfer of slots or niches.
Exhibit "A"
Resident Non-Res.Resident Non-Res.Burial Casket Plot Purchase 600.00$ 1,500.00$ 600.00$ 1,500.00$
Perpetual Care 450.00 1,500.00 450.00 1,500.00 Interment 450.00 625.00 630.00 990.00
TOTAL:1,500.00 3,625.00 1,680.00 3,990.00
Urn Plot Purchase 600.00 1,500.00 600.00 1,500.00
Perpetual Care 450.00 1,500.00 450.00 1,500.00
Interment 225.00 225.00 350.00 435.00
TOTAL:1,275.00 3,225.00 1,400.00 3,435.00
Babyland Plot Purchase/Interment 400.00 600.00 450.00 700.00
200.00
Entombment
Niche (lower )150.00$ 200.00$ 210.00$ 280.00$ Niche (mid)175.00 225.00 245.00 315.00
Niche (upper)200.00 250.00 280.00 350.00
Slot (lower)300.00 350.00 420.00 490.00 Slot (mid)350.00 400.00 490.00 560.00
Slot (upper)400.00 450.00 960.00 630.00
Purchase Price Residents Non-Residents
#6 - top Niche purchase 1,000.00$ 1,400.00$
#5 Niche purchase 1,100.00 1,540.00
#4 Niche purchase 1,300.00 1,820.00
#3 Niche purchase 1,500.00 2,100.00
#2 Niche purchase 1,400.00 1,960.00
#1 - ground Niche purchase 1,200.00 1,680.00
#6 - top Slot - purchase 2,750.00 3,850.00
#5 Slot - purchase 3,000.00 4,200.00
#4 Slot - purchase 3,500.00 4,900.00
#3 Slot - purchase 4,000.00 5,600.00
#2 Slot - purchase 3,750.00 5,250.00
#1 - ground Slot - purchase 3,250.00 4,550.00
Perpetual Care
Niche 300.00 700.00
Slot 400.00 1,000.00
Dania Memorial Park and Westlawn Cemetery
Cemetery Marker Install
Masoleum
SaturdayWeekday
* Non-residents rates only apply to plots purchased prior to September 15, 2025, pursuant to Resolution
No. 2025-____,
*
* *