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HomeMy WebLinkAboutR-2025-190 Amending Cemetery Rules - No Commercial FilmingRESOLUTION NO. 2025-190 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, IN ITS CAPACITY AS THE BOARD OF TRUSTEES FOR THE DANIA MEMORIAL PARK AND WESTLAWN CEMETERIES TO AMEND THE CEMETERY RULES AND REGULATIONS ; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach Mayor and Commission are the Board of Trustees for the Dania Memorial Park and West Lawn Cemeteries; and WHEREAS, the Rules and Regulations are being updated to include that commercial filming is not permitted on cemetery grounds; and WHEREAS, the proposed update to the Rules and Regulations will provide improved services to our residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the updated Dania Memorial Park and West Lawn Cemetery Rules and Regulations that are specified in Exhibit “A”, a copy of which is attached to this Resolution, are adopted and shall replace the former Rules and Regulations which are repealed in their entirety. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2025-190 PASSED AND ADOPTED on December 9, 2025. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. 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 CITY OF DANIA BEACH, FLORIDA 1 Dania Memorial Park Cemetery and Westlawn Cemetery RULES AND REGULATIONS February 2024 DECEMBER 2025 CITY OF DANIA BEACH, FLORIDA 2 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 CITY OF DANIA BEACH, FLORIDA 3 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 CITY OF DANIA BEACH, FLORIDA 4 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 Rule 18. Commercial Filming 21 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 CITY OF DANIA BEACH, FLORIDA 5 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. CITY OF DANIA BEACH, FLORIDA 6 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. 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. CITY OF DANIA BEACH, FLORIDA 7 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 persons entitled to burial in the lot or plot for which the Certificate of Ownership is issued. CITY OF DANIA BEACH, FLORIDA 8 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. CITY OF DANIA BEACH, FLORIDA 9 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. 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 CITY OF DANIA BEACH, FLORIDA 10 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. CITY OF DANIA BEACH, FLORIDA 11 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. 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. CITY OF DANIA BEACH, FLORIDA 12 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. 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. . 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 CITY OF DANIA BEACH, FLORIDA 13 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 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. 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: (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. CITY OF DANIA BEACH, FLORIDA 14 (3) Parents of the owner or owners. 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 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 CITY OF DANIA BEACH, FLORIDA 15 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. 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. 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 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 CITY OF DANIA BEACH, FLORIDA 16 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, 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. CITY OF DANIA BEACH, FLORIDA 17 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) 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. CITY OF DANIA BEACH, FLORIDA 18 SECTION J Roadways and Replatting 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. CITY OF DANIA BEACH, FLORIDA 19 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. CITY OF DANIA BEACH, FLORIDA 20 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. TIME 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 CITY OF DANIA BEACH, FLORIDA 21 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. RULE 18. COMMERCIAL FILMING – Commercial filming is not permitted on cemetery grounds. 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 CITY OF DANIA BEACH, FLORIDA 22 cemetery shall be considered sufficient and proper legal notification. CITY OF DANIA BEACH, FLORIDA 23 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 CITY OF DANIA BEACH, FLORIDA 24 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. CITY OF DANIA BEACH, FLORIDA 25 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. CITY OF DANIA BEACH, FLORIDA 26 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 CITY OF DANIA BEACH, FLORIDA 27 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. CITY OF DANIA BEACH, FLORIDA 28 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. CITY OF DANIA BEACH, FLORIDA 29 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. CITY OF DANIA BEACH, FLORIDA 30 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.