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HomeMy WebLinkAbout1998-2337 - Ordinance - 07/09/1998ORDINANCE NO. 2337 AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COIJ.F. GE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BI:r. IOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAIN~r.D BY THE CITY COUNCIL OF THE CITY OF COH.~.GE STATION, TEXAS: PART 1: That Chapter 4, "Business Regulations", 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: That if any provisions of any section of this ordinance shall be held to be void or unconstitufonal, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter 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) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 9th day of July, 1998. ATTEST: CONNIE HOOKS, Cit~ Secretary APPROVED: - ~ MclLHANEY, M~r jsl¢:~wlndows~vnnwordkndtnan~m~tarl.doc 7/13/98 Ordinance No. 2337 Page 2 EXHIBIT A That Chapter 4, Section 16, is hereby amended to read as follows: "SECTION 16: OPENING AND CLOSING GRAVES A. DEFINITIONS O) Person - any individual, parmership or corporation engaged or engaging in the activity regulated hereunder. Open or Opening means the excavation of the earth's surface for the purpose of interring casketed or cremated human remains, including outer containers, in such a manner as to provide stable earthen walls for the period that a grave shall remain open; all as performed under the provisions of this section. Close or Closing means the covering of the interred remains and restoration of the surface in such a manner as to reduce subsequent settlement of the overlaying soil; all as performed under the provisions of this section. Related Services means and shall include the provision of functions traditionally related or incidental to cemeteries, such as the furnishing and/or setting up of cemetery equipment for graveside services such as tents, chairs, etc. This does not apply to the setting of monuments. B. OPENING AND CLOSING No person shall open or close a grave or provide related services within the City of College Station Cemetery until and unless such person is licensed hereunder. C. APPLICATION A person who seeks a license hereunder shall apply to the City Secretary on a form furnished for such purpose. Upon meeting the qualifications and requirements of this section, such person shall be issued a license by the City Secretary. Each new applicant shall pay an application fee of One Hundred Dollars ($100.00). Each licensee must pay a yearly renewal fee of Twenty-five Dollars ($25.00). All yearly fees and proof of insurance are due by March 15. A license shall be effective for a period of one year from the date of issuance or until the set renewal date of March 15. D. REQUIREMENTS AND QUALIFICATIONS The following requirements must be met by each applicant:. (1) A licensee must have a regular business office. pk~: l~ndov~slwmword~ordlnan~¢ernetar l.doe 7/13/98 Ordinance No, 233'7 Page 3 A licensee must provide telephone availability 24 hours a day for emergencies. Each licensee must be available upon 3 hours notice during daylight hours to open and close graves. Each applicant must be generally familiar with the laws, ordinances, rules and regu!afions applicable to the activity regulated hereunder. The City Secretary may reqmre an applicant to take an examination for licensure or renewal. Each applicant 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 satisfactory performance history. An inexperienced applicant may be required to demonstrate capability, including the opening and closing of 1 to 3 graves prior to licensure. (s) Each licensee shall have equipment suitable for the activity to be performed. A complete listing of vehicles and equipment, including identifying numbers, shall be furnished with the application and shall be approved or rejected by the City Manager or his delegate. Said listing shall be updated within ten (10) days of the disposition or acquisition of any vehicle or equipment. Any issues relating to the suitability of equipment shall be resolved by a good faith determination by the City Manager or his delegate. Each applicant shall supply proof (with a current Certificate of Insurance) of Comprehensive General Liability Insurance and Commercial Automobile Liability Insurance showing a minimum Combined Single Limit of $500,000 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 of College Station City Secretary thirty (30) days prior to cancellation of such coverage. Insurance company shall also mail to the City of College Station City Secretary a copy of the yearly insurance renewal. Any termination of coverage shall ipso facto terminate any license granted hereunder. Insurance shall be renewed yearly on March 15th. GENERAL REGULATIONS (1) A licensee shall have available sufficient personnel, supplies and machinery to accomplish grave opening services within a reasonable period of time. A reasonable period of time for the opening and closing of a grave shall be presumed to be six hours. No licensee shall proceed to open or close a grave without prior location of the site by City Manager or his delegate. A licensee shall be responsible for the opening and closing of any grave when requested, whether or not the cemetery lot is accessible to machinery. This provision contemplates that a licensee may have to open some graves by hand if weather or location of a cemetery lot so requires. A licensee is responsible for maintaining an open grave until interment and a closing is complete, including removal of water or support of the sides of a grave opening. A licensee shall replace any monuments removed for any reason in their original location and condition. jslc:~s,indowsi~nv/ordlordmanIcemetarl.doc 7/13/98 Ordinance No. 2337 Page 4 A licensee shall exercise reasonable care to avoid damage to roads, landscaping, monuments, mausoleums, or other infrastructure as a result of the licensee's operations. A licensee shall clean up, regrade and level all sites before leaving the site of a grave after closing. Excess dirt removal will be the responsibility of a licensee, who shall cooperate with the City Manager or his delegate .in determining the location of disposal. Disposal of excess dirt shall be accomplished immediately after closure of a grave, unless weather conditions prevent same. The City Manager or his delegate may direct the disposition of excess dirt outside the cemetery. A licensee shall insure that all graves are dug to a depth sufficient to insure compliance with any state law, regulation, or local requirements. F. DENIAL OR REVOCATION OF LICENSI:Z. (1) A license may be denied for the following reasons: (a) the information required in the application process is incomplete or incorrece, the applicant does not meet the requirements, qualifications or regulations for obtaining the license pursuant to this ordinance; the applicant is found to have unpaid civil judgments against him which relate to the duties and responsibilities of the licensed occupation; or the applicant has been convicted of a crime that relates to the duties and responsibilities of the licensed occupation. (2) A license may be revoked for the following reasons: failure to comply with the requirements, qualifications or regulations for obtaining a license pursuant to this ordinance; if civil judgments are placed or found of record against the licensee that relate to the duties and responsibilities of the licensed occupation; or upon conviction of a crime that relates to the duties and responsibilities of the licensed occupation. G. ADMINISTRATIVE APPEAl. SCOPE. This section shall apply to all appeals from any denial or revocation of a license applied for or granted pursuant to this ordinance. APPEAL TO CITY MANAGER. Any decision made by the City Manager's designee pertaining to the denial or revocation of a license under this ordinance may be appealed by the aggrieved to the City Manager. Such appeal may be Vaken by filing a written note, notice or letter with the City Manager, briefly describing the decision to be appealed. The aggrieved person must file the note, notice or letter Jslc:lwindows~w~nwordlordtnanlcamwtarl.doc 7/13/98 Ordinance No. 2337 Page 5 within ten (10) days of the date of being notified of the derision that is the subject of the appeal. The City Manager shall provide an opportunity for a conference, and shall deride the appeal in a prompt manner. The City Manager's derision may uphold the decision denying or revoking the license or reverse the decision and order the license issued or reinstated. The City Manager's decision shall be final, subject to the right to contest the matter in an appropriate court action. js¥:~wlndows~wlnwordlordmanle~memrl.do~ 7/~ 3/98