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HomeMy WebLinkAbout2019-4115 - Ordinance - 08/22/2019ORDINANCE NO. 2019-4115 AN ORDINANCE AMENDING CHAPTER 8, “BUSINESSES,” ARTICLE IV, “GRAVEDIGGERS,” DIVISION 2 “LICENSE,” SECTION 8-145 “APPLICATION,” AND SECTION 8-146 “REQUIREMENTS AND QUALIFICATIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO GRAVEDIGGERS LICENSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,” Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2019-4115 Page 2 of 4 PASSED, ADOPTED and APPROVED this 22nd day of August, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2019-4115 Page 3 of 4 EXHIBIT A That Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,” Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended or created to read as follows: “Sec. 8-145. – Application and Fee a. Application. A person seeking a license under this Section must apply to the City Parks and Recreation Department on a form furnished by the City for such purpose. After meeting the qualifications and requirements of this Article, the Applicant shall be issued a gravedigger license by the City Parks and Recreation Department. b. Fee. Each new applicant must pay an application fee established in Section 2-117. Each licensee must pay a yearly renewal fee established in Section 2-117. All yearly fees and proof of insurance are due by October 1. A license shall be effective for a period of one year from the date of issuance or until the set renewal date of October 1. Sec. 8-146. – Requirements and qualifications. The following requirements must be met by each licensee: (1) A licensee must have a regular business office. (2) A licensee must have telephone availability 24 hours a day for emergencies. Each licensee must be available upon three hours’ notice during daylight hours to open and close graves. (3) A licensee must be generally familiar with laws, ordinances, rules and regulations applicable to the activity regulated hereunder. The City Parks and Recreation Department may require an applicant to take an examination for licensure or license renewal. (4) A licensee shall have the capability to open and close graves as defined herein. Prior experience shall establish capability provided that two references may be required showing satis factory performance history. An inexperienced applicant may be required to demonstrate capability, including the opening and closing of one to three graves prior licensure. (5) A licensee shall have equipment suitable for the activity to be performed. A complete listing of vehicles and equipment, including vehicle identification numbers, shall be furnished with the application and shall be approved or rejected by the City Manager or designee. Said listing shall be updated within ten days of the disposition or acquisition of any vehicle or equipment. Any issues relating to the ORDINANCE NO. 2019-4115 Page 4 of 4 suitability of equipment shall be resolved by a good faith determination by the City Manager or designee. (6) A licensee shall file a current certificate of insurance, with the City named as an additional insured, of comprehensive general liability insurance and commercial automobile liability insurance showing a minimum combined single limit of $500,000.00 per occurrence for bodily injuries and property damage. The certificate of insurance shall also reflect upon its face the obligation of the insurance company to notify the City Parks and Recreation Department thirty (30) days before cancellation of such coverage. Any termination of insurance coverage shall terminate any license granted hereu nder. Insurance shall be renewed yearly on October 1.”