Loading...
HomeMy WebLinkAbout2011-3315 - Ordinance - 02/10/2011ORDINANCE NO. 2DI1- 3315 AN ORDINANCE AMENDING CHAPTER 1, "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 l: 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 day of , ~Da 2011. O APPROVED: Ctv~.c.~.,l ~f Mayor b ~l ATTEST: 4"L /W tn" City Secretaryo APP/ROVE k1y : J /l7iiff~,r / J ' ORDINANCE NO. 20[1-331S Page 2 EXHIBIT "A" 1. That Chapter 1, "GENERAL PROVISIONS", Section 29, "COLLEGE STATION CEMETERY RULES AND REGULATIONS", Sub-Sections H and M are hereby amended to read as follows: "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 grand- fathered. 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, decorations, and all other objects of a temporary nature is permitted adjacent to the monument only, and on the owner's space(s) only. Only two items of this nature shall be allowed per space. No glass containers are allowed, and the digging of holes for the placement of any items is prohibited. Items associated with a funeral can remain on the space for a reasonable amount of time after the interment in that space. Determination of a reasonable amount of time shall be determined by the City Manager or his delegate. (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. In addition, the City shall conduct a general grounds clean-up of the cemeteries four times a year. In general these will be conducted as follows: mid-January, mid-April, mid-July, and mid-October. (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. ORDINANCE NO. IN I - 3315 M. RULES ENFORCEMENT Page 3 (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. 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) 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). (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 Advisory Committee. (d) If the space owner(s) neither comply with the ordinance nor request an appeal, the City may remedy the violation."