HomeMy WebLinkAboutR-2020-083 Cemetery Rules and RegulationsRESOLUTION 2020-083
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; 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 Memorial Park and Westlawn Cemeteries; and
WHEREAS, the Rules and Regulations for both cemeteries have not been updated since
1952, and many of the existing rules and regulations are obsolete or inconsistent with current
policies and law; and
WHEREAS, the Rules and Regulations are proposed to be revised and updated to be
consistent with best practices and consistent with current law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being
true and correct, and they are made a specific part of and incorporated into this Resolution by
this reference.
Section 2. That the updated Memorial Park and Westlawn Cemeteries Rules and
Regulations that are specified in Exhibit "A", a copy of which is attached to this Resolution, are
adopted and replace the former Rules and Regulations which are repealed in their entirety.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Resolution are repealed to the extent of such conflict.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 in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on July 28, 2020.
ATTEST: iJ^�
4CMCjmR
THOMAS SCHNEIDER
CITY CLERK
�geIISHE��
APPROVED AS TO FORM AND CORRECTNESS
T M .ANS O
CI A TORNEY
LORI LEWELLEN
MAYOR
RESOLUTION #2020-083
CITY OF DANIA BEACH, FLORIDA
DAM�B �tH
Dania Memorial Park Cemetery
Westlawn Cemetery
RULES AND REGULATIONS
AUGUST, 2020
16) CITY OF DANIA BEACH, FLORIDA
DANIA BEACH
Index
INTRODUCTION 5
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
2
CITY OF DANIA BEACH, FLORIDA
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
3
16) CITY OF DANIA BEACH, FLORIDA
DANIA BEAN
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
4
16) CITY OF DANIA BEACH, FLORIDA
DAMA. BEACH
RULES AND REGULATIONS
5rZ9 7 I1►1c]
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.
5
CITY OF DANIA BEACH, FLORIDA
DANIA BEACH
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.
6
16) CITY OF DANIA BEACH, FLORIDA
W! 6f&clH
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 a. 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.
N
CITY OF DANIA BEACH, FLORIDA
DANIA BEAtH
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.
8
L) CITY OF DANIA BEACH, FLORIDA
W IAA BEER
RULE 3. 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, Memorial Day, Fourth of July, Christmas Day and extended weekends. 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 #is
9
16) CITY OF DANIA BEACH, FLORIDA
DANIA BEACH
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.
10
L� CITY OF DANIA BEACH, FLORIDA
DANIA BEAtN
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 49q4 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.
16) CITY OF DANIA BEACH, FLORIDA
DANIA BEACH
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
12
L) CITY OF DANIA BEACH, FLORIDA
DANIM BEEF H
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.
13
16) CITY OF DANIA BEACH, FLORIDA
W!N BEACH
(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
14
16) CITY OF DANIA BEACH, FLORIDA
WllA£ BEACH
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
15
16) CITY OF DANIA BEACH, FLORIDA
DANIA BEAFH
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.
16
16) CITY OF DANIA BEACH, FLORIDA
DAMA 6EmA F H
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.
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16) CITY OF DANIA BEACH, FLORIDA
UANIA BEACH
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.
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16) CITY OF DANIA BEACH, FLORIDA
sUl l0i rt�u�v2N
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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16) CITY OF DANIA BEACH, FLORIDA
DANIAF BEACH
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 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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L) CITY OF DANIA BEACH, FLORIDA .
DAMA BEACH
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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CITY OF DANIA BEACH, FLORIDA
DANIA BEACH
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
22
L� CITY OF DANIA BEACH, FLORIDA
DANIA BE-ACH
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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16) CITY OF DANIA BEACH, FLORIDA
DANIA BEACH
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.
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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16) CITY OF DANIA BEACH, FLORIDA
DANIA� 6Ern<N
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
1. 6 bronze attachment bolts on back face of each marker.
CITY OF DANIA BEACH, FLORIDA
DANIAF BEACH
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-691 b-Al 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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CITY OF DANIA BEACH, FLORIDA
DANIA 6EACH
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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16) CITY OF DANIA BEACH, FLORIDA
DANIA BEACH
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.
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