HomeMy WebLinkAboutO-2011-015 Creating Section 9.4 Powers Related to City Cemeteries ORDINANCE NO. 2011-015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, CREATING CODE SECTION 9-4 OF THE CITY CODE
OF ORDINANCES TO BE ENTITLED "POWERS RELATED TO CITY
CEMETERIES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as a result of recommendations made by the City Charter Review Board, it
is desirable to delete a Charter provision relating to the City cemeteries, but to retain the
provision as a City Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA,AS FOLLOWS:
Section 1. That Section 9-4 of the City Code of Ordinances is created to read as
follows:
Sec. 9-4. Powers related to City Cemeteries.
The City of Dania Beach is authorized and empowered to acquire, own, maintain and operate a
cemetery or cemeteries within or outside the corporate limits of the City for the burial and
memorialization of the dead. The City has the power:
(a)to issue bonds and revenue certificates for the purpose of obtaining money to establish
or improve cemetery facilities;
(b) to establish and administer an endowment or perpetual care fund for the maintenance
of any cemetery to be made up by depositing a portion of the moneys received from the sale of
lots or plots or otherwise, and accept gifts to be deposited in such fund, which will be
administered by the City Commission, acting as a board of trustees for City cemeteries;
(c)to regulate the uniformity, class and kind of all markers and memorials within the City
cemeteries, and prohibit the erection of monuments, effigies or other structures by lot owners in
or upon any portion of any cemetery in violation of such regulations;
(d) to erect, maintain and operate chapels, buildings, workshops, greenhouses, nurseries
and other incidental buildings and equipment;
(e)to sell burial lots and burial rights and all things associated with them;
(0 to sell, erect, maintain and operate community mausoleums and columbaria;
(g) to sell, install, and maintain memorials of such character as are approved by the City
Commission;
(h) to sell,manufacture,install and maintain grave liners,burial vaults, tombs and crypts;
(i) to erect, own, maintain and operate crematories within the confines of the cemetery or
cemeteries, or elsewhere; and
0) to do any and all things necessary or incidental to the accomplishment of any such
purposes.
Section 2. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall take full effect immediately at the time of its
passage.
PASSED on first reading on May 10, 2011.
PASSED AND ADOPTED on second reading on May 24, 2011.
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PATRICIA A. FLURY
ATTEST: MAYOR
LOUISE STILSON, CMC A 9°4`
CITY CLERK 1
APPROVED AS TO FO A AND CORRECTNESS:
THOMA J. AN
CITY ATTORNE
2 ORDINANCE#2011-015