The URL can be used to link to this page

Home My WebLink About1982-1388 - Ordinance - 10/28/1982ORDINANCE NO. 1388 AN ORDINANCE AMENDING CHAPTER 4, BY ADDING SECTION 16, OF THE COLLEGE STATION CODE OF ORDINANCES REGULATING THE OPENING AND CLOSING OF GRAVES IN THE CITY OF COLLEGE STATION, PROVIDING FOR THE LICENSURE OF PERSONS, PROVIDING A PENALTY AND ESTABLISHING STANDARDS FOR SUCH ACTIVITY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I . That Chapter 4 of the College Station Code of Ordinances is hereby amended by the addition of the following as Section 16, OPENING AND CLOSING OF GRAVES. A. DEFINITIONS Person - any individual, partnership 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 human remains 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. B. OPENING AND CLOSING No person shall open or close a grave within the City of College Station 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 %W 03=4, ORDINANCE NO. 1388 -2- applicant shall pay an application fee of $100.00. Each renewal shall be accompanied by a $25.00 renewal fee. A license shall be effective for a period of one year from the date of issuance. D. REQUIREMENTS AND QUALIFICATIONS The following requirements must be met by each applicant: 1. A office; 2. availability licensee must daylight hour; licensee m A licensee 24 hours a be available a to open and ust have must day for upon 3 close gr, a regular business provide telephone emergencies. Each hours notice during 3ves. 3. Each applicant must be generally familiar with the laws, ordinances, rules and regulations applicable to the activity regulated hereunder. The City Secretary may require an applicant to take an examination for licensure or renewal. 4. 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 unexperienced applicant may be required to demonstrate capability, including the opening and closing of 1 to 3 graves prior to licensure. 5. Each licensee shall have equipment suitable for the activity to be performed. A complete listing of equipment, including identifying numbers, shall be furnished with the application and shall be approved or rejected by the Director of Public Services. Said listing shall be updated within 10 days of the disposition or acquisition of any equipment. Any issues relating to the suitability of equipment shall be resolved by a good faith determination by the Director of Public Services. 6. Each applicant, shall supply proof of comprehensive, general liability insurance and standard automobile liability insurance showing coverage limits for personal injury in the amount of $300,000 per occurrence, $500,000 aggregate, with property insurance of $50,000 aggregate. Such proof shall reflect upon its face the obligation of the company to notify the City 10 days prior to cancellation. Termination of such coverage shall ipso facto terminate any license granted hereunder. Each applicant shall furnish a bond No O'377Z ORDINANCE NO. 1388 -3- to insure his compliance with the provisions of this ordinance in the amount of $1,000 which shall be maintained in force and effect for the period of licensure. E. 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 the sexton or other person in charge of the cemetery. 2. 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. 3. A licensee shall exercise reasonable care to avoid damage to roads, landscaping, plantings, monuments or other property belonging to the city, cemetery association, or third parties as a result of the licensee's operation. 4. 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 cemetery sexton 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 sexton may direct the disposition of excess dirt outside the cemetery. 5. A licensee shall insure that all graves are dug to a depth sufficient to insure compliance with any state law, regulation, or local requirements. 6. The City Council may from time to time, upon examination of the rates and fees charged by licensees and their business records, establish a M ,37440 ORDINANCE NO. 1388 QC reasonable rate for the service to be provided by licensees, allowing for a reasonable rate of return on their investment. 7. A permit holder may perform related services in the city cemetery and any such services so offered and so performed shall be listed and described including the price to be charged for each, with said list and description to be attached to and become a part of the application for a license. A current listing of such services shall be on file with the City Secretary at all times, subject to the power of the Council to regulate rates as set forth herein. F. VIOLATIONS. 1. A license granted hereunder may be temporarily suspended for three days by the City Secretary if a licensee has caused a material delay or interference with the interment process or operation of a cemetery. 2. Upon the receipt of three or more complaints by the City Secretary, a licensee shall be notified of the proposed suspension of his license for a period from 90 days to 1 year, and shall be given a reasonable opportunity to be heard concerning the allegations of non - compliance herewith. 3. Appeal from any suspension shall be in accordance with the provisi pertaining to administrative appeals. 4. Any violation of the ordinance is a Class C misdemeanor punishable upon conviction by a fine of $1 or more than $200. II. hereunder made Dns of this code terms of this offense, and is not less than If any provision of this ordinance is invalidated by a court of competetent jurisdiction, the remainder shall be unaffected thereby, and the invalid portion or portions are hereby declared to be severable. III. This ordinance shall become effective upon its passage, providing that persons presently engaged in the activity regulated hereunder shall have ten working days to apply for licensure in accordance herewith. M 03'7V ORDINANCE NO. 1388 -5- Passed and approved this 2 8th day of October , 1982. APPROVED GARY H 9MAYOR ATTEST: ' 'LG� DIAN JONES, City Secretary ROVED AS TO FORM: LOWELL F. DEN N, City Attorney M 03728