ORD 2003-16 - Adopt Title 16 "Cemeteries" 11-11-2003ORDINANCE NO. 2003-16
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A
NEW TITLE 16 "CEMETERIES" TO THE CODE OF ORDINANCES OF THE
CITY OF HUNTSVILLE, TEXAS, ESTABLISHING POLICIES AND
PROCEDURES FOR CITY -OWNED CEMETERIES; PROVIDING FOR A
SEVERABILITY CLAUSE; REPEALING ORDINANCES OR RULES IN
CONFLICT WITH THIS ORDINANCE; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City of Huntsville has acquired a cemetery within its corporate
limits which is commonly referred to as "Oakwood Cemetery" and includes the Addickes
and Mayes Additions; and
WHEREAS, it is necessary for the City to adopt policies and procedures for the
operation and conduct with the city -owned cemetery; and
WHEREAS, the City has created a cemetery board to make recommendations to
the City with regard to the cemetery, and the cemetery board has reviewed the proposed
policies and procedures and recommends that they be adopted; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: A new Title 16 "Cemeteries" to the Code of Ordinances of the
City of Huntsville, Texas, is hereby adopted and shall hereinafter read as follows:
§ 16.01 PURPOSE
The purpose of this chapter is to establish 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 of safety, maintenance and operation of the
cemeteries.
§ 16.02 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CEMETERY - A cemetery within the City limits and owned by the City.
CITY - The City of Huntsville, Walker County, Texas.
Page 1
CONTRACTOR - Any individual, association or corporation, other than the City,
engaged in the undertaking or funeral business, the placing, erecting or repairing of any
memorial, or performing any work on cemetery grounds.
DISINTERMENT - The unearthing of the remains of a deceased human being.
INTERMENT - The entombment or burial of the remains of a deceased human being.
MEMORIAL - Any marker, monument, headstone, footstone or other structure placed
on any lot or space for identification or in memory of the interred.
MONUMENT - Those markers placed on the head line of a grave space or spaces.
OWNER - The owner of record or purchaser of a space or lot, or the designated
representative or successor in interest.
SPACE - The area normally designated for a single or double- stacked interment.
§ 16.03 MANAGEMENT AND CONTROL OF CEMETERIES
All City owned and operated cemeteries and all the facilities and equipment located
therein shall be under the management and control of the City Manager and shall be part
of the Parks and Recreation Department of the City. The Director of Parks and
Recreation shall be responsible to the City Manager for administration and
implementation of the policies established by the City for the operation and management
of a cemetery. The terms "authorized representative of the city" and "city official' shall
mean the Director of Parks and Recreation or his/her designee as designated in writing.
§ 16.04 THE SALE OF LOTS
(A) Lot sales will be managed by the City or its appointed agent.
(B) All cemetery spaces must be paid in full before an interment can be approved by
the City.
§ 16.05 FEES, APPLICATIONS, AND LICENSEES
(A) The City Council shall set such fees as it deems appropriate for the purchase of
lots in a Cemetery or for other Cemetery related activities.
Single grave lot $750.00
(Maximum 2 urns per lot)
Legal document filing fee $ 9.00
Page 2
(B) Any application for a grave- digger's permit shall be made to the office of the City
Secretary. Such application shall include the following:
(1) Name of the person making application, name of business, name of owner
of business, and address of business.
(2) A nonrefundable annual application fee of $50.00 set by resolution or
ordinance on file in the City Secretary's office which shall cover the cost
of processing the application and the administration and enforcement of
the provisions of this chapter.
(3) An insurance certificate indicating minimum coverage for applicant of
workman's compensation coverage of one hundred thousand dollars
($100,000.00); comprehensive general liability coverage of five hundred
thousand dollars ($500,000.00) personal injury per occurrence and one
hundred thousand dollars ($100,000.00) property damage per occurrence;
and automobile liability coverage of one hundred thousand dollars
($100,000.00) personal injury per person, three hundred thousand dollars
($300,000.00) personal injury per occurrence, and twenty -five thousand
dollars ($25,000.00) property damage per occurrence. The comprehensive
general liability insurance shall name the City as an additional insured.
(4) A statement by applicant that he is an independent contractor and will hold
harmless the City, its officers and employees, from any liability for any
claim arising out of the applicant's performance of grave- digging services
in City cemeteries.
(5) A sworn statement by the applicant that all information provided in the
application is true and correct.
(C) Licensing of individuals and businesses performing grave openings, closings and
related services in City -owned cemeteries. The requirements for such license
shall be as follows:
(1) Every applicant for such license shall pay an annual fee of $50.00 upon
submitting application.
(2) All licenses issued under the provisions of this section shall expire on
December 31. The annual license shall be valid for January 1 through
December 31 of each year issued. The initial license year shall be
considered to run from the date the license is issued through December 31.
There shall be no prorating of the license fee.
(3) All reapplications for subsequent license years shall be made no later than
December 31 of the year prior to the new license year. The reapplication
Page 3
procedure and information required shall be the same as for license. The
license fee for each year shall be $50.00.
(4) Each licensee must furnish a certificate of general liability insurance
covering the licensee's activities in connection with the openings and
closings of graves, with the City named as an additional insured. The
certificate shall show amounts of coverage that are acceptable to the City
Manager. Such certificate of insurance shall contain a provision that a
thirty (30) day notice shall be given to the City prior to cancellation. Such
certificate of insurance must be furnished to the City Secretary prior to
receiving an initial license, and shall be required prior to the issuance of a
renewal license for subsequent years.
(5) The license described in this section shall be revoked or suspended for a
stated period of time by order of the City Manager if the City Manager
finds the licensee has done one or more of the following:
(a) Failed to promptly repair and correct any damage that may have
been caused by the licensee at a City-owned cemetery.
(b) Failed to provide a current certificate of insurance.
§ 16.06 PUBLIC STREET; SPEED LIMIT
(A) Automobiles, trucks and other vehicles shall not be driven through the cemetery
grounds at a speed greater than 5 miles per hour and must, at all times, be kept
on paved or gravel streets. Exemption shall be made for City-owned vehicles or
contractors of the City of Huntsville performing maintenance at the cemetery
including tree and shrub removal or installation, and licensed monument
contractors setting grave markers.
(B) No person shall be permitted to enter or leave cemetery grounds by vehicle except
by established entrances and exits. All applicable state and local vehicle traffic
laws and ordinances shall continue in full force and effect in all cemeteries.
§ 16.07 RIGHTS OF INGRESS AND EGRESS; REMOVAL OF OBJECTS
(A) The City reserves the right to enlarge, reduce, replat or change the boundaries or
grading of the cemeteries as it deems appropriate. The City also reserves unto
itself, and those lawfully entitled thereto, a perpetual right of ingress and egress
over, around and through lots for the purpose of passage to and from other lots,
and to accomplish all necessary maintenance and preservation of said lots.
(B) The City reserves the right to enter upon any lot and remove any objectionable
thing that may have been placed there contrary to these rules and regulations.
Page- A
5--
§ 16.08 PLANTS, DECORATIONS AND CONTAINERS
(A) The planting of any type of horticultural product shall be prohibited without prior
approval of the City. Those individuals receiving permission to plant horticultural
products in the cemeteries shall hold the City harmless in the event the plantings
die or are damaged. Cut flowers or artificial flowers may be used at any time if
placed in a vase incorporated into the design of the monument.
(B) Holders such as clay or plastic pots, wire, frames, etc., containing flowers or other
decorations may be removed as soon as the flowers or decorations fade or wither,
and the right is reserved by the City to make such removal. Any artificial plants or
flowers shall be removed no later than 90 days after the date they are placed on a
grave.
(C) Placing of potted plants, cut flowers or baskets is permitted adjacent to the
headstone only on special occasions. To improve the appearance and to aid in
maintenance of the cemeteries, all potted plants, flowers and baskets will be
removed from graves when they become wilted or unsightly and will be disposed
of.
(D) If any existing tree, shrub, or plant situated on any space. shall become
detrimental, unsightly or impede access to adjacent spaces, walks or roads, the
City may prune or remove in whole or in part said material, and the City's
decision to remove and/or prune shall be final.
(E) All work on the spaces will be done by the employees of the City, except when
permission is otherwise granted for individuals to plant, and then the work will be
inspected and approved by the City.
(F) Any decorations and containers placed on a grave must be removed during the
month of April for Spring cleanup of the cemetery and during the month of
October for Fall cleanup of the cemetery.
§ 16.09 VANDALISM
It shall be unlawful to vandalize any cemetery property, memorials or graves, and anyone
apprehended doing so shall be subject to prosecution according to local and/or state laws.
§ 16.10 SALE OR TRANSFER OF PROPERTY
The sale or transfer of any interment right by any owner will not be binding upon the City
unless the sale has been approved in writing by a duly authorized representative of the
City. This procedure is required in order that the City may at all times have a complete
and accurate record of all owners.
Page 5
The City may, at its option, accept exchanges of interment rights when desired by
owners, subject to prior written approval of an authorized representative of the City.
When such an exchange is made, the original document conveying interment rights must
be surrendered to the City, along with any other documentation which the City may
require.
Prior to permitting any interment, the City will require written approval duly executed by
a representative of the owner, along with an affidavit of ownership or heir ship of the
interment rights. This authorization will be shown on forms approved by the City.
§ 16.11 STRUCTURES
No structure of any kind, including but not limited to curbing, fencing, benches,
flagpoles, etc., shall be permitted upon any space or lot with the exception of those that
were in place before the current policies and procedures were implemented. Monuments
approved by the City are exempt from this provision.
§ 16.12 ITEMS PROHIBITED
No glass containers of any type shall be permitted in the cemetery. The buying, selling,
possessing or use of alcoholic beverages or illegal drugs in any cemetery is prohibited.
§ 16.13 CEMETERY OPEN TO PUBLIC
All cemeteries are open to the public from 8 a.m. to sundown. The City reserves the right
to close any cemetery or portion thereof on a temporary basis at any time without prior
notice to lot or space owners.
§ 16.14 ACTIONS PROHIBITED
(A) No person shall, in any cemetery, capture, attempt to capture, hunt, molest, injure,
trap, administer or set out any trap or harmful substance for any wild or
domestic animal, reptile, bird, or fish, nor remove or have in his possession the
young, eggs, or nest of any animal, reptile or bird, except:
(1) With permission of the City; or
(2) Any person may kill on sight a reptile known to be deadly or poisonous.
(B) All persons are forbidden to hunt fowl or other animals in, or from within, the
cemeteries.
(C) No money shall be paid by a corporation, partnership, or individual to any
cemetery employee for any service he/she may render to said corporation,
Page 6
partnership, or individual. The persons employed by the City shall work solely
for the City with regard to functions at the cemetery. Visitors and plot owners
shall refrain from engaging or directing them to work on certain spaces or lots.
All orders, inquiries or complaints about the operation of the cemeteries shall be
filed or directed to the Parks and Recreation Department at its office at the City's
Service Center on Highway 75 North.
(D) No cross-curbing of lots or covering of lots with concrete or any other ornamental
material shall be permitted, including grave ledgers or covers.
(E) No person shall mark, deface, injure, displace, remove, or tamper with any
cemetery property, structures or grounds.
(I) No person shall construct or erect any kind of building or structure, permanent or
temporary, within the cemetery grounds unless he/she has first obtained
permission from the City.
(G) No person shall dump, deposit or leave any bottles, glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage refuse or other debris upon cemetery grounds.
Trash containers are available inside each gate at the entrances and exits of the
cemetery
§ 16.15 ANIMALS AND PETS
No person shall:
(A) Ride a horse or other animal in any cemetery. This prohibition shall not apply to
a duly authorized mounted police officer in the performance of his official duties.
(B) Permit any dog owned or possessed by him/her to run at large, nor permit any
such dog in a cemetery unless it shall, at all times, be restricted or kept on a
leash. This prohibition shall not apply to a police service dog (K-9 units) while
under the supervision of a duly authorized police officer in the performance of
official duties.
(C) Abandon any animal in any cemetery area.
§ 16.16 MEMORIAL AND MONUMENT REGULATIONS
Regulations for the installation and care of memorials and monuments are as follows:
(A) Memorial and monument dealers shall abide by all rules and regulations of the
cemeteries as set forth by the City.
Page 7
(B) For the protection of all lot owners, any person erecting or repairing memorials or
monuments must first obtain permission from the City official who manages the
cemetery.
(C) The City reserves the right to ensure that the size of the monument and placement
on the lot of the memorial are in accordance with the rules set forth by the City.
(D) Memorial or monument dealers engaged in placing memorials or other structures
are prohibited from: scattering their construction materials and supplies over
adjoining spaces, blocking roads or walks, or leaving their materials and supplies
on the ground longer than necessary. Damage done to spaces, walks, trees, shrubs,
or any other City property shall be repaired or replaced at the monument dealer's
expense to the satisfaction of the City.
(E) Work of any nature may be stopped if proper preparations have not been made; or
when work is being done in such a manner as to endanger life or property; or
when there is evidence of misrepresentation; or when work is not being executed
according to specifications when a request on the part of the City is disregarded;
or when any person employed in the work violates any rule or regulation of the
cemetery.
(F) All interments shall have a memorial or monument reflecting, at a minimum, the
full name of the deceased and the date of death.
(G) All memorials or monuments shall be installed and maintained at the owner's
expense.
(H) Monuments, Headstones, and Markers
(1) Monuments for single standard grave spaces shall not exceed four feet (4')
in height, forty -eight inches (48 ") in length and sixteen inches (16 ") in
width. These maximum dimensions shall also pertain to any design that
incorporates a base. A base must be set a minimum of four inches (4 ")
above ground level. The back of the monument shall be set on the head
line of the space at equal distance from the side boundaries, and the
monument shall be located on undisturbed ground. At least one foot
(1') in width of undisturbed ground shall be left at the head of the grave
plot for the erection of monuments. No more than one monument
shall be permitted per single space.
(2) Family or companion monuments shall only be placed on a minimum of
two ( 2) standard spaces, provided that such a monument shall not exceed
four feet (4') in height; eighty -four inches (84 ") in length; and sixteen
inches (16 ") in width. These maximum dimensions shall apply to
any other design that incorporates a base. If such a base is included, it can
be set at least four inches (4 ") above ground.
(3) Monuments in "Baby Land" shall not exceed twenty-four inche's (24") in
height, sixteen inches (16") in width, and thirty-two inches (32") in length.
These maximum dimensions shall also pertain to any design that
incorporates a base. If such a base is included, it can be set at least four
inches (4") above ground. No more than one monument shall be permitted
per single grave space.
(4) Foot markers shall be set on the foot line of the space, and shall not exceed
thirty inches (30 ") in length, twelve inches (12") in height, and sixteen
inches (16") in width. NO marker shall be set flush with the ground. Only
one foot marker per space shall be allowed. (This rule shall not apply
to historical markers that are duplicated in a family plot, i.e., Smither,
Gibbs, Rather, etc.)
(5) No comer markers shall be allowed.
(6) No curbing shall be allowed.
(7) No cross fencing or plot perimeter fencing shall be permitted.
(8) No benches shall be permitted.
(9) No footstones (which usually have inscribed "Mother," "Daddy," or
initials), as opposed to foot marker, shall be permitted.
(10) Any ornaments or vases are to be permanently affixed to the monument or
marker and shall not exceed the maximum dimensions allowed for
the monument or foot marker.
1) Memorials or monuments shall be made of granite, marble, cast bronze
installed on a granite or concrete base, or slate.
(12) Erection of vaults, mausoleums, or any above-ground grave is strictly
prohibited. These restrictions do not apply to any future columbarium to
be erected by the City.
(13) No porcelain pictures shall be permitted on grave markers.
Special consideration. and a variance to the Policies and Procedures may be
applied for by the owner(s) of an area/plot with eight or more contiguous spaces.
A plan and/or design must be submitted to the Huntsville Cemetery Advisory
Board and the City of Huntsville Parks and Recreation Department for review
and approval. The owner(s) must have an approval/variance before commencing
any work. The City must respond to the variance request within 30 days.
Page 9
§ 16.17 MEMORIAL AND MONUMENT FOUNDATION REQUIREMENTS
The following are rules and regulations concerning memorial or monument foundation
requirements:
(A) Memorial or monument foundations shall be at least as wide and long as the base.
The foundation shall be at least four inches (4 ") in depth with footings on either
end or post holes on either end, whichever the monument company prefers.
(B) Each monument company shall set the memorial on a dry poured foundation. No
rebar or reinforcement rod shall be used. This will insure future ease of
re- leveling.
(C) Another acceptable method that can be used is the pre - poured concrete pad
method which is used by some companies. If this method is used, post holes with
dry sacrete shall be required on either end of the foundation. The post holes shall
be at least six inches (6 ") deep. These are the minimum requirements to be used.
(D) All costs of memorials, vases, city fees, future death dates on companion or pre -
need memorials, and maintenance of said memorials shall be at the lot owner's
expense.
(E) No monument shall be erected without prior permission, and no monument shall
be erected without the completion of plotting the location by the city official in
charge of the lots and maintenance of the cemetery.
(F) The city official in charge of these duties shall meet with the monument company
either prior to or at the time of installing the memorial.
(G) Visible foundations will not be required for flat marker sections, but shall have a
concrete foundation pad directly underneath the marker.
(H) Monument companies shall be responsible for the fabrication and installation of
all foundations required.
(I) No permit fee shall be collected, but approval will be obtained from the City for
re- leveling existing monuments.
(J) A memorial will be required for all interments and shall be installed within a
period of time not exceeding two years from date of death.
§ 16.18 RULES AND REGULATIONS
The following are rules and regulations for the interments; disinterments and reinterments
within all cemeteries:
Page 10
(A) Written authorization from the owner or purchaser of record of a lot or his/her
designated representative, successor in interest or other proper legal authority,
will be required before an interment or reinterment is allowed. In certain cases
the City may require grave sites to be physically located by the family or its
representatives and authorization signed by the space owner or purchaser or legal
representative of the space owner or purchaser prior to opening the space for
interment, disinterment or reinterment. This gives the City or its contractor the
right to open the grave space selected by the family.
(B) Proper authorization as required by the State of Texas or any public authority
having jurisdiction in the matter must be presented to the City at the time an
interment, disinterment or reinterment is effected. The City shall not be liable for
the accuracy of the data contained in said authorization or for the identity of the
person to be interred or disinterred.
(C) All interments, disinterments and reinterments shall be performed by a licensed
funeral director, the City employees or its contractors or other persons as provided
by state and local laws. In the event that a funeral home or its contractor is in
arrears for charges owed to the City for cemetery services performed by the City
or cemetery-related fees and permits required of the funeral home or its
contractors, and these said charges remain unpaid for a period of 30 days from the
date services were rendered or fees or permits were required, the City may
prohibit the opening and closing of any other grave site requested by such funeral
home or its contractors until such time as the debt is paid in full.
(D) Interment of human remains is allowed only in areas dedicated for grave sites.
(E) Only the remains of human beings shall be interred in any cemetery owned or
operated by the City.
§ 16.19 RESERVATIONS AND CORRECTIONS
(A) The City reserves the right to correct errors associated with interments or sale of
property. In the event such error shall involve interment, the City reserves the
right to remove and inter the remains to such property of equal value and similar
location as may be substituted and conveyed in lieu thereof. Should an error
develop in the sale of property, the City may correct such error by selling property
of equal value in similar location insofar as possible.
(B) The right to revise and/or add to the cemeteries a section or sections from time to
time, including the right to modify or change the location of or any part thereof or
to remove or re-grade roads, drives and walkways is expressly reserved. The
rights to lay, maintain and operate, or to alter or change pipelines or gutters for
water sprinkler systems and drainage is expressly reserved, as is the right to use-
cemetery property, not sold to individual owners for cemetery purposes, including
Page 11
the interring and the preparation of anything necessary, incidental or convenient
thereto. The cemetery reserves to itself and to those lawfully entitled thereto, a
perpetual right of ingress and egress over spaces for the purpose of passage to and
from other spaces.
(C) No easement is granted to any owner in any road, drive or walkway within the
cemeteries, but such road, drive or walkway may be used as a means of access to
the cemeteries and their buildings as long as the City devotes such roads, drives
and walkways to that purpose.
(D) The City disclaims responsibility to space owners or purchasers, their personal
representatives or successors in interest, for loss or damage to cemetery spaces,
memorials or monuments by any cause, natural or otherwise, direct or indirect
beyond reasonable control of the City.
(E) The statement of any employee of the City or its contractors shall not be binding
upon the City except as such statement agrees with the document conveying the
right of interment and these rules and regulations.
(F) The City reserves the right at any time and from time to time to change, amend,
alter, repeal, or add to these rules and regulations or any part thereof or to adopt
any new rule or regulation or any temporary exception with respect to said
cemeteries or anything pertaining thereto, without prior notification.
(G) In all matters not specifically addressed by these rules and regulations, the City
reserves the right to do anything which, in its judgment, is deemed reasonable
pertaining to the cemeteries, and such determinations shall be binding upon
space owners and all other parties concerned
§ 16.20 PENALTY
Any person, firm, corporation, agent or employee thereof who violates any of the
provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not exceeding $500.00 for each offense. Each day that any
violation of this Chapter continues, shall constitute a separate offense.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared
invalid by, any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof.
SECTION 3: All ordinances, parts of ordinances, rules and regulations in
conflict with the provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency, and in all other respects
this Ordinance shall be cumulative of other ordinances regulating and governing the
Page 12
subject matter covered by this Ordinance. Specifically, Section 21.01.06 of the Code of
Ordinances, "Cemetery Property — Gathering Therein, Passing Through and Damaging
and Closure to Public," is not repealed.
SECTION 4: This Ordinance shall take effective immediately from and after the
date of its passage.
PASSED AND APPROVED THIS 11T' DAY OF NOVEMBER 2003.
ATT .
Danna Welter, City Secretary
APPROVED AS TO FORM:
4a�VC*Isha , City Attorney
Page 13
CITY OF HUNTSVILLE, TEXAS
Karl Davidson, Mayor