HomeMy WebLinkAbout2008-3044 - Ordinance - 02/14/2008ORDINANCE NO. 3044
AN ORDINANCE AMENDING CHAPTER I, "GENERAL PROVISIONS" OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
SECTION 29 PERTAINING TO CITY CEMETERIES RULES AND REGULATIONS AS
SET OUT BELOW; 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 1, "General Provisions ", 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
unconstitutional, 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 date of passage by the
City Council, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this 14th day of February , 2008.
C 14
TEST:
City Secretary 4
APPROVED:
" E Sigrie� 'y Mary Anrt'p3 'li
VERIticity with A r ve
City Attorney
APPROVED:
" ..... ... .. .... ..................... . �'2��4&
Mayor
C: IDOCUME- 1ICHOOKS—I. CSTILOCALS— IITeniplCenielervRedes .Dq6219120083:14:3I PM
ORDINANCE NO. 3044 Page 2
mss`
EXHIBIT "A"
I.
That Chapter 1, "GENERAL PROVISIONS ", Section 29, "COLLEGE STATION CEMETERY RULES AND
REGULATIONS ", is hereby amended to read as follows:
"SECTION 29: CITY CEMETERIES RULES AND REGULATIONS
A. GENERAL
(1) "City Cemeteries" shall refer to the College Station Cemetery and the Memorial
Cemetery of College Station, including the Aggie Field of Honor. College Station
Cemetery consists of approximately eighteen (18) acres located at 2530 Texas
Avenue South. Memorial Cemetery of College Station consists of approximately
fifty -six (56) acres located at 3800 Raymond Stotzer Parkway.
(2) City Cemeteries are set apart for the interment of human remains subject to the
rules established in this ordinance, the City of College Station Code of Ordinances,
and any applicable federal or state laws. Availability of spaces in the Aggie Field
of Honor sections within the Memorial Cemetery of College Station is not
restricted but is designed to be desirous to students, former students, faculty, staff,
their families, and friends of Texas A &M University.
(3) All spaces in the City Cemeteries owned and operated by the City of College
Station are conveyed to the purchaser by warranty deed for the purpose of burial
only. The rights of the purchaser therein are subject to such rules and ordinances
as may be enacted or amended, from time to time, by the City Council of the City
of College Station.
(4) The rules and regulations herein contained are designed for the protection of the
rights of all space owners. The rules adopted have been determined to be
reasonably necessary and incidental to achieve the aforestated objectives.
(5) . The City Cemeteries shall be generally platted into sections, blocks, lots, and
spaces by the City Manager or his delegate, who shall prepare, maintain and keep
in the City Sexton's office a plat of the City Cemeteries.
(6) The Shiloh and Salem portions of the College Station Cemetery are closed to
future burials except in those spaces which are clearly identified as available by the
Cemetery Sexton. The term "clearly identifiable" means by headstones, curbing,
or other physical and visual indicators or demarcations. If a fami,ly member is
interred, and space in the proximity is available, the Cemetery Sexton may allow
the space to be used. If an available space is not locatable, then other alternate
locations will have to be sought other than the Shiloh and Salem portions of the
cemetery.
,
cic: Idocun +e— Ilchooks— I.csillocals —I heiiiplcenrelery rides.doc
219108 99
ORDII NO. 3044 Page 3
B. ADMINISTRATION
All administrative matters pertaining to the operation of the City Cemeteries shall be under
the direction of the City Manager or his delegate. The Cemetery Committee appointed by
the City Council shall work with the City Manager or his delegate and advise the City
Council.
C. CEMETERY CARE
(1) The City of College Station shall provide for the continuing care, maintenance,
operation, and improvements to the City Cemeteries. In general, this shall include:
road maintenance, mowing, pruning, landscaping or removal of plant material ,
policing of the grounds, pest control, leveling of monuments, and such other
maintenance as may be necessary to keep the City Cemeteries presentable at all
times.
(2) Cemetery care does not include the purchase, erection, repair, or replacement of
monuments, headstones, markers, or any other item on a space.
D. HOURS OF OPERATION
The City Cemeteries shall be open Monday through Saturday from 8:00 AM to sundown,
and Sunday from 6:00 AM to sundown.
E. PURCHASE OPTIONS
(1) Standard Space:
College Station Cemetery: A standard space is 5'x 10';
Memorial Cemetery of College Station: A standard space is 4'x 9'.
(2) Infant Space:
College Station Cemetery: Babyland and Section 0: Infant spaces are 4'x 5';
Memorial Cemetery of College Station: Infant spaces are 4'x 4.5'.
(3) Cremate only spaces:
College Station Cemetery: Designated cremate only spaces in Section LR are 2.5'
x 2.5'.
(4) Columbarium Niches:
Memorial Cemetery of College Station: 12 inches x 12 inches x 12 inches.
(5) Price: The price of all spaces in the City Cemeteries shall be established by
resolution of the City., Council, and amended as necessary, upon recommendation
of the Cemetery Committee.
(6) Purchasers are limited to a maximum of twenty (20) spaces per family.
cic: Idocume- llchooks- l.cslllocals -1 hent&emeiery ndes.doc
219108 100
ORDINANCE NO. 3044
Page 4
(7) Purchasers- are linited to one space per each casket interment. The interment of
two cremains shall be allowed in a single standard space. Combinations of casket
burials and cremates shall be allowed in a single standard space provided that the
cremains are interred towards the headline of the space. A maximum of one (1)
cremate burial shall be allowed per designated cremate space in Section LR of the
College Station Cemetery. A maximum of one (1) cremate shall be allowed per
columbarium niche in the Memorial Cemetery of College Station.
F. RESALE OPTIONS
(1) The sale, transfer or assignment of any space in the City Cemeteries by any owner
or purchaser shall not be binding upon the City until:
(a) A written request from the current owner detailing the sale, transfer, or
assignment of spaces is received by the City, and
(b) It has been approved in writing by the City Manager or his delegate, and
(c) The space is reconveyed by the city through the reissuance of a warranty
deed to the new owner or purchaser.
G. RECORDS
Records giving full data on all interments shall be kept in the City files, and shall be open
to authorized persons. The data is to include the section, lot, and grave location; and the
name, age, and the date of interment of each grave occupant.
H. PLANTING AND OTHER DECORATIONS IN CITY CEMETERIES
(1) Grass, flowers, shrubs, trees, or other types of vegetation shall be planted only by
or at the direction of the City Manager or his delegate in accordance with a
landscape plan for the entire cemetery. Plantings by individuals are prohibited and
shall be removed by the City.
(2) The City shall establish grass on spaces after an appropriate amount of time has
elapsed since burial to allow for settling. During this time the City shall establish
the final grade to match the surrounding area.
(3) Plantings of trees, shrubs or flowers on grave spaces at the College Station
Cemetery that existed prior to adoption of Ordinance No. 1959 on June 11, 1992,
which were specifically grandfathered with the adoption of that ordinance, shall
continue to be grandfathered. These plantings may be removed by the City
whenever they become unsightly, or as necessary to provide access to grave
spaces. Replacement of grandfathered plantings that have been removed shall not
be allowed.
(4) The placing of potted plants, cut flowers, baskets, floral pieces, funeral designs, Ir
decorations, and all other objects of a temporary nature is permitted adjacent to
the monument only, and on the owner's space(s) only. Items of this nature shall
only be allowed for a reasonable time after the interment in that space.
cle: ldocanie— llchooks— l.cstllocals— lltenrplcenretery ndes.doc
219108 101
ORDINANCE NO. 3044
Page 5
Determination of a reasonable amount of time shall be determined by the City
Manager or his delegate. The digging of holcs for the placement of1)otted plants
and baskets is prohibited.
(5) The City Manager or his delegate shall have the right to remove all flowers, potted
plants, wreaths, baskets, floral pieces, funeral designs, decorations and all other
objects of a temporary nature when they become withered, unsightly, a safety
concern, or an obstruction to maintenance.
(6) No artificial flowers shall be permitted in, on, or around grave spaces.
(7) The City Manager or his delegate is empowered to and may enter upon any space
within the City Cemeteries and remove anything that may have been erected or
placed thereon contrary to the provisions of this section, and may remove any dead
or damaged tree, shrub or vine.
COPINGS, HEDGES, FENCES, ETC.
(1) No copings, coverings, ledgers, hedges, fences, exposed vaults, walls, or other
enclosures shall be permitted in, on, or around any space; except that coverings
and ledgers shall be permitted only in the College Station Cemetery upon the
approval of the Cemetery Committee.
(2) For the purpose of this ordinance, copings are materials placed above grade to
define the grave space(s). A covering means any material other than turf that may
be placed over the grave. A ledger is any stone, monument, or marker that may be
placed in such a way as to cover the grave space.
J. MONUMENTS, HEADSTONES, AND MARKERS IN THE COLLEGE STATION
CEMETERY
(1) Monuments shall mean those markers placed on the head line of a space or spaces.
Foot markers shall mean markers placed on the foot line of the space.
(2) Monuments for single standard grave spaces shall not exceed thirty inches (30 ") in
height; forty-eight inches (48 ") in length; or sixteen inches (16 ") in width. These
maximum dimensions shall also pertain to any design that incorporates a base. If
base is included, it shall be set flush with ground level or must have a minimum of
four inches (4 ") above ground level. The back of the monument shall be set on the
head line of the space and equi- distant from the side boundaries, and the
monument shall be located on undisturbed ground. No more than one monument
shall be permitted per single space.
(3) Family or double monuments can only be placed on a minimum of two standard
spaces, provided that such a monument shall not exceed thirty inches (30 ") in
height; seventy -two inches (72 ") in length; or sixteen inches (16 ") in width. These
maximum dimensions shall also pertain to any design that incorporates a base. If
base is included, it shall be,Vt flush with ground level or must have a minimum of
four inches (4 ") above ground level. The back of the monument shall be set on the
head line of the space and equi- distant from the side boundaries, and the
monument shall be located on undisturbed ground.
cic: ldoc: tnte— llchooks— I.cstllocals— llteuiplcemeleiv r:des.doc
219108 102
ORDINANCE NO. 3044 Page 6
(4) Monuments for single baby spaces (Babyland and Section O only) shall not exceed
twenty -two inches (22 ") in height; twenty -four inches (24 ") in length; or twelve
inches (12 ") in width. These maximum dimensions shall also pertain to any design
that incorporates a base. If a base is included, it shall be set flush with ground
level or must have a minimum of three inches (3 ") above ground level. The back of
the monument shall be set on the head line of the space and equi- distant from the
side boundaries, and the monument shall be located on undisturbed ground. There
shall be only one monument per infant space and no other markers shall be
allowed.
(5) Foot markers shall be set on the foot line of the space, and shall not exceed
twenty -eight inches (28 ") in length or sixteen inches (16 ") in width. Flat foot
markers shall be set flush with the ground; slanted foot markers shall not exceed
eight inches (8 ") in height. Only one foot marker per space shall be allowed.
(6) Corner markers shall not exceed eight inches (8 ") by eight inches (8 ") and must be
set flush with the ground.
(7) Any additional items incorporated into any monument or foot marker design shall
be permanently affixed to the monument or marker and shall not extend beyond the
maximum dimensions allowed for the monument or foot marker.
(8) Single monuments for the designated cremate only spaces in Section LR shall not
exceed twenty -eight inches (28 ") in length or sixteen inches (16 ") in width, and
shall be set flush with the ground or up to a maximum of two inches (2 ") above
ground level. The back of the monument shall be set on the head line of the space
and equidistant from the side boundaries. There shall be only one monument per
designated cremate only space and no other markers shall be allowed.
(9) Family or double monuments for the designated cremate only spaces in Section LR
shall not exceed fifty -four inches (54 ") in length or sixteen inches (16 ") in width.
The monument shall be set flush with the ground or up to a maximum of two
inches (2 ") above ground level. The back of the monument shall be set on the
head line of the space and equidistant from the side boundaries. There shall be
only one double monument per two designated cremate only spaces and no other
markers shall be allowed.
K. MONUMENTS, HEADSTONES, AND MARKERS IN THE MEMORIAL
CEMETERY OF COLLEGE STATION
(1) Monuments shall mean those markers placed on the head line of space or spaces.
Foot markers shall mean markers placed on the foot line of the space.
(2) Municipal Sections:
(a) Monuments for single standard grave spaces shall not exceed thirty inches
(30 ") in height; thirty -six inches (36 ") in length; or sixteen inches (16 ") in
width. These maximum dimensions shall also pertain to any design that
incorporates a base. If a base is included, it shall be set flush with ground
level or must have a minimum of four inches (4 ") above ground level. The
cic:ldocanre -llcl rooks- l.cshlocals- llrenrplcenre[ery rules.doc
219108 103
ORDINANCE NO. 3044 Page 7
back of the monument shall be set on the head line of the space and equi-
distant fi - om the side - boundaries, and the monument -shall be located on
undisturbed ground. No more than one monument shall be permitted per
single space.
(b) Family or double monuments can only be placed on a minimum of two
standard spaces, provided that such a monument shall not exceed thirty
inches (30 ") in height; seventy -two inches (72 ") in length; or sixteen inches
(16 ") in width. These maximum dimensions shall also pertain to any design
that incorporates a base. If a base is included, it shall be set flush with
ground level or must have a minimum of four inches (4 ") above ground
level. The back of the monument shall be set on the head line of the space
and equi- distant from the side boundaries, and the monument shall be
located on undisturbed ground.
(c) Monuments for single infant spaces shall not exceed twenty -two inches
(22 ") in height; twenty -four inches (24 ") in length; or twelve inches (12 ")
in width. These maximum dimensions shall also pertain to any design that
incorporates a base. If a base is included, it shall be set flush with ground
level or must have a minimum of three inches (3 ") above ground level. The
back of the monument shall be set on the head line of the space and equi-
distant from the side boundaries, and the monument shall be located on
undisturbed ground. There shall be only one monument per infant space
and no other markers shall be allowed.
(d) Foot markers shall be set on the foot line of the space, and shall not exceed
twenty -eight inches (28 ") in length or sixteen inches (16 ") in width. Flat
foot markers shall be set flush with the ground; slanted foot markers shall
not exceed eight inches (8 ") in height. Only one foot marker per standard
space shall be allowed.
(e) Corner markers shall not exceed eight inches (8 ") by eight inches (8 ") and
shall be set flush with the ground.
(f) Any additional items incorporated into any monument or foot marker
design shall be permanently affixed to the monument or marker and shall
not extend beyond tht maximum dimensions allowed for the monument or
foot marker.
(g) Niche coverings for the columbarium shall be supplied by the City, and
there shall be no substitutions of material. The niche covering shall have
no more than one (1) attached item, such as bronze emblems, and these
items shall not extend more that one inch (I") from the face of the niche
covering, and shall not extend beyond the edges of the niche covering.
(3) A22ie Field of Honor Sections:
(a) The only allowed monument for single standard grave spaq. s shall be an
upright (tablet and base) design and shall be set so that the overall height is
thirty inches (30 ") above grade. The monument tablet shall be twenty -six
inches (26 ") in height; thirty inches (30 ") in length; and six inches (6 ") in
cic: Idocrane— llchooks— LcsrVocals— llleniplce)uelery rules.doc
219108 104
ORDINANCE NO. 3044 Page 8
width. The tablet sides shall be perpendicular to the ground, and the top
shall be flat. The tablet sides and top shall have a polished finish. The -
monument base shall be thirty -six inches (36 ") in length, and twelve inches
(12 ") in width. The base shall be set so that the top of the base is four
inches (4 ") above grade. The base shall be rectangular in shape with
polished sides and top. The back of the monument base shall be set on the
head line of the space and equi- distant from the side boundaries. The
monument tablet shall be set on the base equi- distant left to right and front
to back. The monument shall be located on undisturbed ground. The
monument shall be grey granite. No more than one monument shall be
permitted per single space.
(b) Family or double monuments shall only be placed on a minimum of two
standard spaces. Family or double monuments shall be an upright (tablet
and base) design and shall be set so that the overall height is thirty inches
(30 ") above grade. The monument tablet shall be twenty -six inches (26 ")
in height; sixty inches (60 ") in length; and six inches (6 ") in width. The
tablet sides shall be perpendicular to the ground, and the top shall be flat.
The tablet sides and top shall have a polished finish. The monument base
shall be seventy -two inches (72 ") in length, and twelve inches (12 ") in
width. The base shall be set so that the top of the base is four inches (4 ")
above grade. The base shall be rectangular in shape with polished sides
and top. The back of the monument base shall be set on the head line of
the space and equi- distant from the side boundaries. The monument tablet
shall be set on the base equi- distant left to right and front to back. The
monument shall be located on undisturbed ground. The monument shall be
grey granite.
(c) For all monuments and foot marker designs the names and dates shall be in
black lettering. Carving, sandblasting and black detailing is allowed for all
other engravings. There shall be no color engravings.
For monuments, the face of the tablet shall have no more than two (2)
attached items, such as bronze emblems, and these items shall not extend
more that two inches (2 ") from the face of the tablet, and shall not extend
beyond the edges of the tablet. Engravings and ornamentation on the face
of the tablet shall not extend on to the sides, top, or back of the tablet or
base. The only allowed ornamentation on the back of the tablet shall be the
surname of the interred and the lettering shall not exceed three inches (3")
in height.
Foot markers shall only have names, dates, and engravings on the face of
the marker and these elements shall not extend to the sides of the foot
marker. -
(d) Foot markers may be set on the foot line of the space, and shall not exceed
twenty -eight inches (28 ") in length or'sixteen inches (16 ") in depth. All
foot markers shall be set flush with the ground. Only one foot marker per
space shall be allowed. Foot markers shall be either grey granite or bronze
or a combination of the two.
cic:ldoc: trite—I lchooks— I.cstVocals— lltentplcetttetety ndes.doc
219108 105
ORDINANCE NO. 3044
Page 9
(e) There shall be no additional items incorporated into monuments or foot
markers in the Aggie Field of Honor sections.
(fl There shall be no corner markers in the Aggie Field of Honor sections.
(g) Niche coverings for the columbarium shall be supplied by the City, and
there shall be no substitutions of material. Names and dates shall be in
black lettering. Sandblasting and black detailing is allowed for all other
engravings. There shall be no color engravings. The niche covering shall
have no more than one (1) attached item, such as bronze emblems, and
these items shall not extend more that one inch (V) from the face of the
niche covering, and shall not extend beyond the edges of the niche
covering.
L. MAUSOLEUMS
In the College Station Cemetery, mausoleums shall be permitted only in Sections F, G, M,
and J. The locations, size, and design must be approved by the Cemetery Committee and
must be issued a permit by the City Manager or his delegate.
Mausoleums are not permitted in the Memorial Cemetery of College Station.
M. RULES ENFORCEMENT
(1) No monument, headstone, or marker may be set in the City Cemeteries without the
prior approval of the City Manager or his delegate and issuance of a permit. A
permit request form may be obtained from the Cemetery Sexton or the Parks and
Recreation Department.
All permit requests shall include renderings with size dimensions, names, dates,
engravings, and any other ornamentation for each requested monument, foot
marker, corner marker, or niche covering. If the City Manager or his delegate
denies the permit, the applicant may appeal the decision to the Cemetery
Committee.
Any monument, headstone or marker set in violation of this ordinance shall be
subject to removal by the City of College Station as provided below.
(2) Any requests for variances to this ordinance shall be presented to the Cemetery
Committee. Appeals from decisions of the Cemetery Committee shall be to the
City Council. Appeals must be in writing and submitted to the office of the City
Secretary within ten (10) days of the issuance of the Cemetery Committee's
decision. The City Secretary's office shall schedule a hearing of the appeal before
the Council within thirty (30) days from receipt of the written request for appeal.
(3) Whenever the City Manager or his delegate determines that a violation of this
ordinance has occurred, the City shall:
(a) Record and document the violation(s).
cl c: l docume- l Ichooks- I. eslllocals- l Veurp l eenrelery rules. doc
219108 106
ORDINANCE NO. 3044
Page 10
(b) Notify space owners in writing by regular mail to the last known address
for the space owner, of the violation(s).
(c) Allow fourteen (14) days from the date the notice was mailed for
compliance or appeal to the Cemetery Committee.
(d) If the space owner(s) neither comply with the ordinance nor request an
appeal, the City may remedy the violation."
,-i
cic: Wocnme— Ilchooks— I.cstVocols— IVen:plcemetery rules.doc
219108 107