Ordinance 2015-08 - Ord. 2015-08 - amend Code of Ord., Chapter 16-16b, Cemeteries, Memorials,& Monuments - 12-16-14 ORDINANCE NO. 2015-08
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY
CHAPTER 16, SECTION 16"CEMETERIES: MEMORIAL AND MONUMENT REGULATIONS"; PROVIDING FOR
A PENALTY; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 16 "Cemeteries" provides for policies and procedures for the
cemeteries owned and operated by the city, designed for the protection of owners' interment rights and to ensure the proper
development and safety, maintenance and operation of the cemeteries for the health, safety and public welfare of the City's
residents;and
WHEREAS,Texas Health and Safety Code§713.001 authorizes municipal regulation of cemeteries;and
WHEREAS, City Council finds it necessary to amend its existing regulations to protect the public safety based on changing
standards;and
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 16 to help promote the health,
safety,and welfare of its residents;and
WHEREAS, notice of the agenda for this meeting,was given in accordance with law by posting the same at the place reserved
and designated for notices of public meetings and public activities and prior to the adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are
hereby adopted,ratified,and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 16 "CEMETERIES", Section 16(a)(8)(1) is hereby amended by replacing it
with the Chapter 16"CEMETERIES",Section 16(a)(8)(1)that is attached hereto as Exhibit"A".
SECTION 3: Huntsville Code of Ordinances Chapter 16 "CEMETERIES", Section 16(b) is hereby amended by replacing it with
the Chapter 16"CEMETERIES",Section 16(b)that is attached hereto as Exhibit"A".
SECTION 4: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance
shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be
unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision
thereof,other than the part so declared to be invalid,illegal or unconstitutional.
SECTION 6: This Ordinance,being a penal ordinance,becomes effective upon adoption by the City Council.
PASSED AND APPROVED on this the I day of December 2014.
THE CITY OF HUNTS LE
Mac Woodwar ,Mayor
A AP E AS TO FORM:
Lee odward,City Secretary Leo rd Schneider,City Attorney
Exhibit A
Chapter 16
Section 16-16
(a) Regulations for the installation and care of memorials and monuments
are as follows:
(8) Design and construction of monuments, headstones, and
markers are as follows:
(1) "Erection of vaults, mausoleums, and any aboveground graves are allowed with
no fewer than two or more contiguous spaces. They must not exceed 78 inches in
height,48 inches in width, and 106 inches in length; and must be constructed of granite.
A plan must be submitted to city staff,the Cemetery Advisory Board, and city council for
review and approval. The city reserves the right to remove any mausoleum or vault that
has been improperly constructed."
(b) "Special consideration and a variance to the policies and procedures may be applied for by
the owner of an area/plot with eight 9F more Gentiguous 6paGes. A plan and/or design must be
submitted to the city cemetery advisory board and the city community services department for
review and approval. The owner must have an approval/variance before commencing any
work.The Gity mu6t Fe6pend to th lue6t within 30 days."