Res 06-08~ ~.
RESOLUTION NO. 06-08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE ATTACHED RULES,
REGULATIONS AND FEES FOR THE DELRAY BEACH MEMORIAL
GARDENS MUNICIPAL CEMETERY.
WHEREAS, the City Commission of the City of Delray Beach, Florida, approves the attached rules,
regulations and fees fox the Delray Beach Memorial Gardens Municipal Cemetery.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission hereby approves the rules, regulations and fees as set
forth in the attached documents, see Exhibit "A", and dated February 19, 2008.
PASSED AND ADOPTED in regular session on this 19s' day of February, 2008.
MA OR
ATTEST:
C~-~.~. V~. Nom:.,
City Clerk
DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY
^~~ RULES AND REGULATIONS
I. General Provisions
1. Purpose and application
2. Definitions
3. Enforcement by Cemetery Manager
4. Admission to cemetery
5. Supervisory responsibilities of manager and funeral director
6. Control of work by City
7. Gratuities not to be accepted by employees
8. Disclaimer of liability
9. Amendments
II. Interments and Disinterments
1. Application of governmental requirements
2. Interments on Sundays or holidays
3. Notice and application to manager required
4. Outer burial container
5. Instructions regarding location of spaces; orders given by telephone
6. Errors made by City may be corrected
7. Delays caused by protests
8. Manager not responsible for permits, embalming, or identity
9. Interment conditioned upon payment for lot
10. Interment of more than one body in grave
11. Interment of cremated remains
12. Interment in infants section
13. Disinterments and removals
14. Payment of service charges
III. Ownershiro
1. Sale of Internment Rights
2. Cemetery prices
3. Rights of owners
4. Inalienability of cemetery lots
5. Transfers, assignments and repurchase
6. Change of address of owner
7. Presumption of Abandonment
8. Memorials, monuments, and markers
IV. Cemetery Regulations and Rules of Conduct
1. Time grounds open
2. Decorum
3. Persons permitted
4. Use of walks required
5. Prohibitions
6. Traffic regulations
7. Decoration of cemetery plots and mausoleum
I. GENERAL PROVISIONS
1. PURPOSE AND APPLICATION.
For the mutual protection of all purchasers, and for the preservation of all lots, plots,
crypts, and niches in the City of Delray Beach Memorial Gardens Municipal Cemetery,
(hereinafter referred to as "Cemetery") these rules and regulations shall govern the
ownership, use, and control of all lots, plots, crypts, and niches. Reference to these rules
and regulations in the certificate of ownership or deed, or in the recorded plot shall have the
same force and effect as if these rules and amendments were set out therein in full. The
title to all land shown on the official plats of the Delray Beach Memorial Gardens
Municipal Cemetery, recorded in Plat Book 1, page 34 as Delray Pine Ridge Cemetery, in
Plat Book 24, page 77 as Delray Beach Cemetery of the public records of Palm Beach
County, Florida, is vested in and shall remain vested in the City, a municipal corporation of
the State of Florida.
2. DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
"CASKET" A rigid container that is designed for the encasement of human remains
and this is usually constructed of wood or metal, ornamented and lined with fabric.
"CEMETERY" The City of Delray Beach Memorial Gardens Municipal Cemetery.
"CEMETERY MANAGER" The City Parks and Recreation Director or his/her
designee for cemetery on-site matters.
"CEMETERY ARRANGEMENTS MANAGER" The City Clerk or his/her designee
for sales, records, and research.
"CERTIFICATE OF OWNERSHIP" The original conveyance given by the City to the
original purchaser.
Etrective February 19, 2008 2
"COLUMBARIUM" A structure or building that is substantially exposed above the
ground and that is intended to be used fdr the inurnment of cremated remains.
"CREMATION" Any mechanical or thermal process whereby a deceased human
body is reduced to ashes and bone fragments.
"CRYPT A space of sufficient size to accommodate at least one entombment in an
above ground vault.
"CRYPT -BELOW GROUND" Interment space in preplaced chambers, either side
by side or multiple depth, covered by earth and sod and known also as "lawn crypts",
"westminsters", or "turf top" crypts.
"ENTOMBMENT" The permanent disposition of a deceased person in a crypt,
columbarium, sarcophagus, or niche within a mausoleum.
"FUNERAL" or "FUNERAL SERVICE" The observances, services, or ceremonies
held to commemorate the life of a special deceased human being and at which the human
remains are present.
"GRAVE SPACE" A space of ground in the cemetery intended to be used for the
interment in the ground of human remains.
"INTERMENT The permanent disposition of the remains or cremains of a deceased
person in earth burial.
"LEGAL HOLIDAYS~~ Those annual holidays which are given by the City to its
employees.
"LOT" A numbered division as shown on the cemetery map, which consists of more
than one plot.
"LOT MARKER A device made of concrete or suitable material, used by the City to
locate corners of the lot or plot.
"MANAGER The City Parks and Recreation Director or his/her designee.
"MARKER A memorial which does not extend above the ground.
"MAUSOLEUM~~ A building or structure above ground for entombment in vaults,
crypts, niches, columbariums, sarcophagi, or a combination of any one or more than one
thereof.
"MEMORIAIr'~ A monument, marker, tablet, headstone, private mausoleum or tomb for
family or individual use, tombstone, coping, lot enclosure, and surface burial vault, urn,
crypt, and niche plates or bronze lettering on crypts or niches.
ERective February 19, 2008 3
"MONUMENT A tombstone or memorial of granite, which shall extend above the
surface of the ground, used to identify a grave site and cemetery memorials of all types,
including monuments, markers and vases.
"NICHE" A compartment or cubicle for the memorialization or permanent placement
of a container or urn containing cremated remains.
"PLOT" A space of sufficient size to accommodate one interment in earth burial.
"RESIDENT A natural person having his or her place of residence within the City and
having the intention to continue residing in the City for an indefinite period of time.
"URN" A receptacle designed to permanently encase cremated remains.
3. ENFORCEMENT BY CEMETERY MANAGER.
The Cemetery Manager shall enforce these rules and regulations, and may exclude from
the Cemetery any person whose actions are not in compliance with these rules and
regulations. The Cemetery Manager shall be in charge of the grounds and buildings,
including the conduct of funerals, traffic, employees, plot owners and visitors, and shall
supervise and control all operations of the Cemetery.
4. ADMISSION TO CEMETERY.
The City reserves the right to compel all persons driving motor vehicles into the
Cemetery to bring their vehicles to a full stop at the entrance and further reserves the right to
refuse admission to the Cemetery grounds, and to refuse the use of any of the Cemetery or
mausoleum facilities at any time to any person whom the Cemetery Manager determines is
unwilling or incapable of abiding by these rules or the rules of general decorum.
5. SUPERVISORY RESPONSIBILITIES OF CEMETERY MANAGER AND
FUNERAL DIRECTOR.
(a) All funeral processions, on entering the Cemetery grounds, shall be under
the direct control and supervision of the Cemetery Manager, providing that the funeral
director of the funeral shall be present to conduct the burial services in accordance with the
applicable Florida Statutes and these rules and regulations.
(b) Once a casket containing a body is transported into the Cemetery, a funeral
director or his embalmer, assistant, employee, or agent, is prohibited from opening the
casket without the consent of the legal representatives of the deceased, or without a court
order, or without a valid disinterment permit.
Efrective February 19, 2006 4
(c) All funeral directors, their representatives, and aides shall be responsible for
transporting the remains of a deceased person from the funeral coach containing the
deceased's remains to the grave or crypt. At least one person from the funeral director's staff
shall be in attendance as a witness during interment or entombment of the deceased's
remains.
(d) Upon receiving an order from the owner of record to disinter human remains
from a cemetery plot, the Cemetery Manager will direct the removal and final disposition
of said human remains in the presence of a licensed funeral director. The Cemetery
Manager or cemetery staff shall not perform removal or transfer of human remains in the
absence of a licensed funeral director unless under order of the court.
6. CONTROL OF WORK BY CITY.
(a) All grading, landscaping work and improvements of any kind, the care of
plots, lots, crypts, and niches, all planting, trimming, cutting, and removal of trees, shrubs,
and herbage, all openings and closings of plots, lots, crypts, and niches, and all interments,
entombments, disinterments, and removals shall be performed by the City or a designated
contractor under the supervision of the Cemetery Manager.
(b) All improvements or alterations of lots, plots, crypts, and niches in the
Cemetery shall be performed under the supervision of the Cemetery Manager. If any
improvements and alterations are made without his/her written consent, he/she may remove,
alter, or change the improvements or alterations at the expense of the owner. The Cemetery
Manager may also remove or change any improvements or alterations, at the owner's
expense, if at any time, in his/her judgment, they become unsightly.
7. GRATUITIES NOT TO BE ACCEPTED BY EMPLOYEES.
No person, while employed by the City, shall receive any fee, gratuity, or commission,
except from the City, either directly or indirectly.
8. DISCLAIMER OF LIABILITY.
The City shall take reasonable precaution to protect owners and the burial rights of
owners within the Cemetery from loss or damage; but it expressly disclaims all liability for
any loss or damage from causes beyond its control, damages caused by weather, an act of
God, common enemy, thieves, vandals, strikers, intentional malicious action, explosions,
invasions, insurrections, riots, civil disturbances, or order of any military, civil, or judicial
authority.
9. AMENDMENTS.
The City may exercise, and it hereby expressly reserves, the right at any time, or times,
to adopt new rules and regulations or to amend, alter, or repeal any rule, regulation, section,
paragraph, or sentence in these rules and regulations.
Etrective February 19, 2008 5
II. INTERMENTS AND DISINTERMENTS
1. APPLICATION OF GOVERNMENTAL REQUIREMENTS.
In addition to these rules and regulations, all interments, entombments, disinterments,
and removals are made subject to the orders and laws of the applicable governmental
authority.
2. INTERMENTS ON SUNDAYS OR HOLIDAYS.
No interments, entombments, disinterments, removals, or interment services shall be
permitted on Sunday or on any legal holiday except as permitted by the Cemetery Manager
and upon the payment of applicable charges.
3. NOTICE AND APPLICATION TO CEMETERY MANAGER REQUIRED.
(a) The Cemetery Manager shall be notified at least 24 hours prior to any
interment or entombment and at least one week prior to any disinterment or removal except in
case of emergency or court order. The Cemetery Manager may refuse to make an interment
until a more expedient time if the remains arrive at the cemetery gate after 4:00 p.m., or if too
many funerals arrive at the same hour.
(b) The Cemetery Manager reserves the right to refuse interment or entombment
in any plot, niche, or crypt and to refuse to open any burial or entombment space for any
purpose if a written application by a qualified plot, crypt, or niche owner of record is not
submitted to the Cemetery Manager.
4. OUTER BURIAL CONTAINER.
Every earth interment shall be made enclosed in a concrete box, or in an outer wall of
stone, concrete, or steel. An outer vault or box shall be of a type approved by the Cemetery
Manager.
5. INSTRUCTIONS REGARDING LOCATION OF SPACES: ORDERS GIVEN BY
TELEPHONE.
(a) When instructions regarding the location of an interment space in a lot
cannot be obtained, or are indefinite, or when the interment space cannot be opened where
specified, the Cemetery Manager may at his/her discretion open it in such location of the
lot as he/she deems best and proper, so as not to delay the funeral.
(b) The Cemetery Manager shall not be held responsible for any order given by
telephone, or for any error resulting from imprecise or improper instructions regarding the
particular space, size, location, and memorialization in a lot, crypt, or niche where interment
or entombment is desired.
Etrective February 19, 2008 6
6. ERRORS MADE BY CITY MAY BE CORRECTED.
The City may correct any error made by it in making interment, disinterment, or
removal, or in the description, transfer, or conveyance of any interment property, by
cancelling such conveyance and substituting and conveying in lieu thereof other interment
property of equal value and similar location as selected by the Cemetery Manager, or by
refunding the amount of money paid on account of said purchase. If the error involves the
interment of the remains of any person in a different location, the Cemetery Manager shall
have the right to remove or transfer such remains so interred to such other property of equal
value and similar location as may be substituted and conveyed in lieu thereof. The
Cemetery Manager shall also have the right to correct any errors made by placing an
improper inscription, including an incorrect name or date, either on the memorial, marker,
crypt, niche, or on the container for cremated remains.
7. DELAYS CAUSED BY PROTESTS.
The City shall not be liable for any delay in the interment of a body resulting from a
protest against the interment or from noncompliance with these rules and regulations. Under
such circumstances, the Cemetery Manager has the right to place the body in a receiving vault
until full rights have been determined. The Cemetery Manager shall be under no duty to
recognize any protests of interments or entombments unless accompanied by supporting
documentation, including, where applicable, a court order.
8. CEMETERY MANAGER NOT RESPONSIBLE FOR PERMITS. EMBALMING.
OR IDENTITY.
The Cemetery Manager shall not be responsible for obtaining interment or
entombment permits or for the identity of the person sought to be interred, or the
embalming of the body.
9. INTERMENT CONDITIONED UPON PAYMENT.
No interment shall be permitted on or memorial placed in or on, any lot or plot in
the Cemetery where the purchase price thereof has not been paid in full.
10. INTERMENT OF MORE THAN ONE BODY IN GRAVE.
Not more than one body, or the remains of more than one body, shall be interred in
any one grave or single crypt, except in the case of a mother and her infant, unless the
grave has been purchased with the written agreement that more than one body or the
remains of more than one body shall be interred therein; provided that proper identification
is made of such interment or interments on one regulation marker. The space required for
the interment of cremated remains shall be the standard plot size; however, the remains of
two cremated decedents or one body with one cremated decedent may be interred in one
plot.
Etrective February 19, 2008 ~
11. INTERMENT OF CREMATED REMAINS.
(a) The Cemetery Manager shall designate an appropriate section of the
Cemetery for interment of cremated remains. Plots within this section shall be of
appropriate size, and the cremated remains of only one deceased person may be interred in
each plot.
(b) Cremated remains of a deceased person must be contained in a metal,
concrete, stone, marble, or granite container for earth burial. If the cremated remains are in
a container of wood, plastic, or other perishable material, the container shall be encased
inside a concrete or metal vault for earth burial.
12. INTERMENT IN INFANTS SECTION.
The Cemetery Manager shall designate an appropriate section of the Cemetery for
interment of infant remains. Plots within the reserved section shall be of appropriate size to
permit the interment of one infant less than one year of age.
13. DISINTERMENTS AND REMOVALS.
(a) A body or cremated remains may be removed from its original lot or plot to a
lazger or better lot or plot, crypt, or niche in the Cemetery or mausoleum, where there has
been an exchange or purchase for that purpose and where all fees and additional charges have
been paid in full.
(b) The Cemetery Manager shall exercise reasonable caze in making a removal,
but assumes no liability for .damage to any casket, burial case, or urn incurred in making the
removal.
14. PAYMENT OF SERVICE CHARGES.
The charges for services in connection with an interment must be paid to the Cemetery
Arrangements Manager a minimum of 72 hours prior to the closing of the grave. Chazges for
disinterments or removal must be paid at the time of issuance of the order for same.
III. OWNERSHIP
1. SALE OF INTERNMENT RIGHTS
(a) The sale of interment rights shall be restricted to individuals who, at time of sale,
reside in the City, or are purchasing for a deceased resident of the city, or at the time of sale, are
immediate family members of the resident to be interred.
(b) Anon-resident with an already interred immediate family member is eligible to
purchase a cemetery space for personal interment. Immediate family members are limited to
spouse, children, grandchildren, mother, father, brother, sister, grandfather or grandmother,
lawful guardian or dependent, of a person already interred.
ERective February 19, 2008 8
(c) Any non-resident may purchase Mausoleum niches and crypt spaces.
2. CEMETERY PRICES.
The prices for the Delray Beach Memorial Gardens Municipal Cemetery are set forth in
Exhibit "A", attached hereto.
3. RIGHTS OF OWNERS.
(a) Right of interment under owner's certificate of ownership or deed. At the time
of purchase of a lot or plot, and at any time thereafter during the purchaser's lifetime, an
owner shall execute a declaration of reservation specifically designating the persons entitled
to be buried in the plot or in any or all of the plots in a lot, or vesting the right of designation
for unreserved plots in a named person. Upon application by any person for interment of a
body in a given burial space, the burden of proof as to the identity of the person to be interred
rests upon the applicant. The Cemetery Manager is authorized to rely on the representations
as provided in the application.
(b) Right of interment in absence of owner's declaration of reservation. In the
absence of a declaration of reservation, the order of interment shall be:
(i) One burial space shall be forever reserved for the owner and for the
owner's surviving spouse, if any.
(ii) Lineal descendants of the owner, or owners, and their respective
spouses.
(iii) Parents of the owner, or owners.
(c) Vested rights of owners. The burial rights of any owner shall be presumed to
be the sole and separate property of the person named as grantee in the certificate of
ownership or deed; provided, however, that the spouse of an owner shall have a vested right
of interment of his/her body in any burial space conveyed to the other spouse, provided that
such person shall remain the spouse of the owner or shall be the spouse at the time of the
owner's demise. No conveyance or transfer of a lot or plot shall be made by a married owner
without the joinder of the spouse.
4. INALIENABILITY OF CEMETERY LOTS.
All lots, the use of which has been conveyed in a certificate of ownership or deed, aze
indivisible. Whenever an interment of the remains of a member, or of a relative of a
member of the family of the record owner, or of the record owner, is made in a lot, the lot
thereby becomes inalienable, and shall be held as set forth in the declazation of reservation.
Efrective Febmary 19, 2008 9
5. TRANSFERS. ASSIGNMENTS AND REPURCHASE
(a) Cemetery lots, plots, crypts and niches may be transferred and assigned
providing that, upon such transfer, the City shall be paid the difference between the original
charge for the lot, plot, crypt or niche and the current charge for such lot, plot, crypt or
niche.
(b) No transfer or assignment of any lot, plot, crypt or niche or interest therein
shall be valid without the consent in writing of the City Manager. Transfer or assignment
must be made upon forms provided by the City for this purpose. The original certificate or
deed must be presented at the time application for transfer is made.
(c) A fee of $50.00 shall be charged for a transfer of ownership in lots, plots,
crypts and niches, which shall be paid prior to the City granting approval of the transfer.
(d) An owner of a lot, plot, crypt or niche may only sell such lot, plot, crypt or
niche to the City. If the City purchases the lot, which decision shall be in the City's sole
discretion, the City shall pay to the owner the cost originally paid by the owner. The
original certificate or deed shall be required for the repurchase.
6. CHANGE OF ADDRESS OF OWNER.
It shall be the duty of the lot, plot, niche, or crypt owner to notify the Cemetery
Arrangements Manager of any change in his/her post office address. Notice sent to a lot,
plot, niche, or crypt owner at the last address on file in the office of the Cemetery
Arrangements Manager shall be deemed sufficient legal notice.
7. PRESUMPTION OF ABANDONMENT.
(a) There is hereby created a presumption that burial rights in the Cemetery have
been abandoned when an owner of unused burial rights has failed to provide the Cemetery with a
current residence address for a period of 30 consecutive years and the Cemetery is unable to
communicate by certified letter with said owner of unused burial rights for lack of address. No
such presumption of abandonment shall exist for burial rights held in common ownership which
are adjoining, whether in a grave space, plot, mausoleum, columbarium, or other place of
interment, if any such burial rights have been used within such common ownership.
(b) Upon the occurrence of a presumption of abandonment, the City shall publish
notice in a newspaper of general circulation in the County which shall provide the name of the
owner and burial rights under the presumption of abandonment. If the owner or heir (who can
prove ownership interest) fails to come forward within 30 days of such notice, the burial rights
shall be presumed to be abandoned and the City may resell such burial rights. In the event the
City sells such burial rights and the owner or heir then makes claim, the owner or heir shall only
be entitled to a refund of the monies that were paid initially for the purchase of the burial rights.
ERective February 19, 2008 1 Q
8. MEMORIALS. MONUMENTS. AND MARKERS.
(a) The placement, location, erection, and construction of all memorials,
monuments, and markers within the Cemetery grounds shall be done subject to the approval
and under the supervision of the Cemetery Manager. Whenever possible, all new
memorials shall be located in line with those previously established, and all placements
shall conform to the size of the plot or lot for which it is intended.
(b) No memorials or monuments shall be permitted above ground in any section
of the Cemetery grounds.
IV. CEMETERY REGULATIONS AND RULES OF CONDUCT
1. TIME GROUNDS OPEN.
The Cemetery. grounds shall be open during the hours of 7:00 a.m. to 6:00 p.m. Monday
through Sunday and such hours as may be extended at the discretion of the Cemetery
Manager.
2. DECORUM.
Strict decorum shall be observed at all times within the Cemetery grounds, whether set
forth in these rules or not.
3. PERSONS PERMITTED.
(a) Only authorized personnel and visitors, owners, and relatives shall be
permitted in the cemetery and mausoleum grounds.
(b) Children under 15 years shall not be permitted within the cemetery or its
buildings unless accompanied by an adult.
4. USE OF WALKS REQUIRED.
Persons within the cemetery and mausoleum grounds shall use only the avenues,
walks, alleys, and roads.
5. PROHIBITIONS.
(a) Interfering with plants or wildlife. All persons are prohibited from gathering
flowers, either wild or cultivated, or disturbing trees, shrubbery, or plants, or feeding or
disturbing the wildlife within the Cemetery or mausoleum grounds.
(b) Refreshments. No person shall be permitted to bring food or refreshments
within the Cemetery or mausoleum grounds.
(c) Lounging on grounds. No one shall be permitted to sit or lounge on any of
the grounds, graves, or monuments in the Cemetery or mausoleum.
Effective February 19.2008 11
(d) Littering. Littering is expressly prohibited anywhere within the Cemetery and
its buildings.
(e) Peddling or soliciting. Peddling of flowers or plants or soliciting the sale of
any item is prohibited within the boundaries of the Cemetery.
(f) Firearms. Possession of firearms is prohibited within the Cemetery except by
duly authorized law enforcement agencies.
(g) Notices and advertisements. No signs, notices, or advertisements of any kind
shall be allowed in the Cemetery unless placed by the City.
(h) Pets. Pets shall not be allowed on the Cemetery grounds.
6. TRAFFIC REGULATIONS.
(a) No person shall drive any motor vehicle within the Cemetery grounds at a
speed greater than is reasonable in light of any activity when occurring within the
Cemetery, provided that no motor vehicle shall be operated at a speed greater than ten
miles per hour. All motor vehicles shall be driven on the right side of the Cemetery
roadway, and shall at all times remain on the paved portions of such roadways which are
specifically provided for motor vehicle usage. No motor vehicles shall be parked or driven
on or upon any pedestrian paths, walkways, or unpaved areas, nor parked or stopped
adjacent to any open grave except in attendance for the services in connection therewith.
(b) No bicycles or motorcycles shall be admitted to the Cemetery except such as
maybe in attendance at funerals or on official business.
7. DECORATION OF CEMETERY PLOTS AND MAUSOLEUM.
(a) No flower receptacles may be placed on any plot unless of approved material,
size, and design. The Cemetery Manager shall have the authority to remove all floral
designs, flowers, weeds, trees, shrubs, plants, or herbage of any kind, from the Cemetery or
mausoleum as soon as, in the judgment of the Cemetery Manager, they become unsightly,
dangerous, detrimental, or diseased, or when they do not conform to the standard maintained.
The City shall not be liable for floral pieces, baskets, or frames in which, or to which, such
floral pieces are attached, beyond the acceptance of such floral pieces for funeral services
held in the Cemetery or mausoleum. The Cemetery Manager shall not be responsible for
frozen plants, or herbage of any kind, or for plantings, damages by the elements, thieves,
vandals, or by other causes beyond his control. The Cemetery Manager reserves the right to
regulate the method of decorating plots so that a uniform beauty may be maintained. The
Cemetery Manager reserves the right to prevent the removal of any flowers, floral designs,
trees, shrubs, plants, or herbage of any kind, unless consent is given.
(b) The placing of boxes, shells, toys, metal designed ornaments, chairs, settees,
glass, wood, or iron cases, and similar articles upon plots shall not be permitted, and if so
placed the Cemetery Manager reserves the right to remove same.
Effective February 19, 2008 12
(c) No artificial flowers are permitted in or around mausoleum buildings. No
flowers or attachment for same can appear on front of crypts or niches. All remembrances
(flowers) must be placed in front of or near a particular crypt or niche and can remain for a
maximum period of three days. After the third day, said flowers will be removed and
disposed of.
(d) No potted plants containing soil, perlite, or other loose materials are permitted
in chapels or walkways in the mausoleum except for the holidays of Easter, Mother's Day,
Father's Day, and Christmas. In those instances, the potted plants shall be removed within 48
hours after the holiday.
Etrective Febrvary 19, 2008 13
EXHIBIT "A"
PRE-NEED/AT-NEED PRI E
PLOTS
Resident $595.00
Non-Resident $935.00
Infant Resident $52.50
Infant Non-Resident $iio.oo
OPENING & CLOSING*"
Resident Tues-Sat $525.00
Non-Resident 'I~es-Sat $550.00
Infant Resident 'I~es-Sat $50.00
Infant Non-Resident Ties-Sat $ioo.oo
Resident Monday $630.00
Non-Resident Monday $660.00
Infant Resident Monday $i25.oo
Infant Non-Resident Monday $i5o.oo
Resident/Cremains (no set up) Tues-Sat $95.00
Resident/Cremains (with set-up) Tues-Sat $125.00
Resident/Cremains (no set up) Monday $i5o.oo
Resident/Cremains (with set-up) Monday $225.00
Non-Resident/Cremains (no set up) Tomes-Sat $ioo.oo
Non-Resident/Cremains (with set up) 'I~es-Sat $i5o.oo
Non-Resident/Cremains (no set up) Monday $i95.oo
Non-Resident/Cremains (with set up) Monday $250.00
"" Opening and Closing includes set-up with tent and or chairs, unless otherwise
Indicated.
If funeral services start or extend beyond 4:0o p.m., a fee of ioo.oo per hour shall
be charged until such service is concluded. Such fee shall be paid either prior to the
funeral service (if scheduled to start or conclude beyond 4:0o p.m.) or within io days
of receiving an invoice from the City.
Effective February 19, 2008 I4
MAUSOLEUM PRICE LIST
LEVELS PRE-NEED/AT-NEED PRE-NEED/AT-NEED
RESIDENT NON-RESIDENT
SIDE BY SIDE
(Double)
Sixth $3,640.00 $4,660.00
Fifth $3,640.00 $4,660.00
Fourth $4,340.00 $5,425.00
Third $4,340.00 $5,425.00
Second $4,040.00 $5,050.00
First $4,040.00 $5,050.00
TRUE COMPANION
Sixth $3,440.00 $4,300.00
Fifth $3,440.00 $4,300.00
Fourth $4,i4o.oo $5,i75.oo
Third $4,i4o.oo $5,i75.oo
Second $3,840.00 $4,800.00
First $3,840.00 $4,800.00
CREMATION NICHES
Twelfth
Eleventh
Tenth
Ninth
Eight
Seventh
Sixth
Fifth
Fourth
Third
Second
First
$595.00 $7i4.oo
$595.00 $7i4.oo
$595.00 $7i4.oo
$595.00 $7i4.oo
$595.00 $7i4.oo
$795.00 $7i4.oo
$795.00 $954.00
$795.00 $954.00
$795.00 $954.00
$795.00 $954.00
$695.00 $834.00
$695.00 $834.00
Effective February 19, 2008 15
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, Assistant City Attorney
THROUGH: Susan A. Ruby, City Attorney
DATE: February 13, 2008
SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008
RESOLUTION 06-08 -ADOPTING CEMETERY RULES, REGULATIONS AND FEES
ITEM BEFORE COMMISSION
Approval of the attached Resolution 06-08, which adopts rules, regulations and fees for the Delray
Beach Memorial Gardens Municipal Cemetery.
BACKGROUND
The City has recently taken over the management of the cemetery and in that process, staff has
determined that some of the rules, regulations and fees were out of date or not applicable. The attached
rules, regulations and fees clarity the way the cemetery shall be operated as well as the tees charged.
Certain provisions were added, such as restricting the sale of interment rights to individuals who, at
time of sale, reside in the City, or are purchasing for a deceased resident of the City, or at the time of
sale, are immediate family members of the resident to be interred; providing for the repurchase of burial
rights by the City; providing for a presumption of abandonment after a period of 30 years with no
contact from the owner; and providing for an extra fee if services extend beyond 4:00 p.m.
Regarding the mausoleum, prices are dependent on the levels. The levels that are closest to the ground
cost more. This is due to persons being able to actually reach or touch the crypts/niches of their loved
ones.
Staff is proposing changes to the price schedules for cemetery plots, opening and closing services and
mausoleum crypts and niches. Surveys of area cemetery prices are also attached. If Commission agrees
to change the prices, the price list in the proposed Rules and Regulations will be updated accordingly.
RECOMMENDATION
Approve Resolution 06-08.
RESOLUTION NO. 06-08
A RESOLUTION OF THE QTY COM[vIISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE ATTACHED RULES,
REGULATIONS AND FEES FOR THE DELRAY BEACH MEMORIAL
GARDENS M[JNICIPAL CEMETERY.
WI-IEREAS, the City Coirnnission of the City of Delray Beach, Florida, approves the attached rules,
regulations and fees for the Delray Beach Memorial Gardens Municipal Cemetery.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission hereby approves the rules, regulations and fees as set forth in
the attached documents, see E xlubit "A", and dated February 19, 2008.
PASSED AND ADOPTED in regular session on the day of , 2008.
MAYOR
Attest:
GtyQerk
DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY
RULES AND REGULATIONS
2/19/08
I.
li.
General Provisions
1. Purpose and application
2. Definitions
3. Enforcement by Cemetery Manager
4. Admission to cemetery
5. Supervisory responsibilities of manager and funeral director
6. Control of work by City
7. Gratuities not to be accepted by employees
8. Disclaimer of liability
9. Amendments
Interments and Disinterments
I . Application of governmental requirements
2. Interments on Sundays or holidays
3. Notice and application to manager required
4. Outer burial container
5. Instructions regarding location of spaces; orders given by telephone
6. Errors made by City may be corrected
7. Delays caused by protests
8. Manager not responsible for permits, embalming, or identity
9. Interment conditioned upon payment for lot
10. Interment of more than one body in grave
1 I. Interment of cremated remains
12. Interment in infants section
13. Disinterments and removals
14. Payment of service charges
III. Ownership
1. Sale of Internment Rights
2. Cemetery prices
3. Rights of owners
4. Inalienability of cemetery lots
5. Transfers, assignments and repurchase
6. Change of address of owner
7. Presumption of Abandonment
8. Memorials, monuments, and markers
IV. Cemetery Regulations and Rules of Conduct
1. Time grounds open
2. Decorum
3. Persons permitted
4. Use of walks required
5. Prohibitions
6. Traffic regulations
7. Decoration of cemetery plots and mausoleum
I. GENERAL PROVISIONS
PURPOSE AND APPLICATION.
For the mutual protection of all purchasers, and for the preservation of all lots, plots,
crypts, and niches in the City of Delray Beach Memorial Gardens Municipal Cemetery,
(hereinafter referred to as "Cemetery") these rules and regulations shall govern the
ownership, use, and control of all lots, plots, crypts, and niches. Reference to these rules
and regulations in the certificate of ownership or deed, or in the recorded plot shall have the
same force and effect as if these rules and amendments were set out therein in full. The
title to all land shown on the official plats of the Delray Beach Memorial Gardens
Municipal Cemetery, recorded in Plat Book 1, page 34 as Delray Pine Ridge Cemetery, in
Plat Book 24, page 77 as Delray Beach Cemetery of the public records of Palm Beach
County, Florida, is vested in and shall remain vested in the City, a municipal corporation of
the State of Florida.
2. DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
"CASKET" A rigid container that is designed for the encasement of human remains
and this is usually constructed of wood or metal, ornamented and lined with fabric.
"CEMETERY" The City of Delray Beach Memorial Gardens Municipal Cemetery.
"CEMETERY MANAGER" The City Parks and Recreation Director or his/her
designee for cemetery on-site matters.
"CEMETERY ARRANGEMENTS MANAGER" The City Clerk or his/her designee
for sales, records, and research.
"CERTIFICATE OF OWNERSHIP" The original conveyance given by the City to the
original purchaser.
2
"COLUMBARIUM" A structure or building that is substantially exposed above the
ground and that is intended to be used for the inurnment of cremated remains.
"CREMATION" Any mechanical or thermal process whereby a deceased human
body is reduced to ashes and bone fragments.
"CRYPT~~ A space of sufficient size to accommodate at least one entombment in an
above ground vault.
"CRYPT -BELOW GROUND" Interment space in preplaced chambers, either side
by side or multiple depth, covered by earth and sod and known also as "lawn crypts",
"westminsters", or "turf top" crypts.
"ENTOMBMENT" The permanent disposition of a deceased person in a crypt,
columbarium, sarcophagus, or niche within a mausoleum.
"FUNERAL" or "FUNERAL SERVICE" The observances, services, or ceremonies
held to commemorate the life of a special deceased human being and at which the human
remains are present.
"GRAVE SPACE" A space of ground in the cemetery intended to be used for the
interment in the ground of human remains.
"INTERMENT~~ The permanent disposition of the remains or cremains of a deceased
person in earth burial.
"LEGAL HOLIDAYS~~ Those annual holidays which are given by the City to its
employees.
"LOT" A numbered division as shown on the cemetery map, which consists of more
than one plot.
"LOT MARKER A device made of concrete or suitable material, used by the City to
locate corners of the lot or plot.
"MANAGER The City Parks and Recreation Director or his/her designee.
"MARKER A memorial which does not extend above the ground.
"MAUSOLEUM~~ A building or structure above ground for entombment in vaults,
crypts, niches, columbariums, sarcophagi, or a combination of any one or more than one
thereof.
"MEMORIAL~~ A monument, marker, tablet, headstone, private mausoleum or tomb for
family or individual use, tombstone, coping, lot enclosure, and surface burial vault, urn,
crypt, and niche plates or bronze lettering on crypts or niches.
3
"MONUMENT A tombstone or memorial of granite, which shall extend above the
surface of the ground, used to identify a grave site and cemetery memorials of all types,
including monuments, markers and vases.
"NICHE" A compartment or cubicle for the memorialization or permanent placement
of a container or urn containing cremated remains.
"PLOT" A space of sufficient size to accommodate one interment in earth burial.
"RESIDENT A natural person having his or her place of residence within the City and
having the intention to continue residing in the City for an indefinite period of time.
"URN" A receptacle designed to permanently encase cremated remains.
3. ENFORCEMENT BY CEMETERY MANAGER
The Cemetery Manager shall enforce these rules and regulations, and may exclude from
the Cemetery any person whose actions are not in compliance with these rules and
regulations. The Cemetery Manager shall be in charge of the grounds and buildings,
including the conduct of funerals, traffic, employees, plot owners and visitors, and shall
supervise and control all operations of the Cemetery.
4. ADMISSION TO CEMETERY.
The City reserves the right to compel all persons driving motor vehicles into the
Cemetery to bring their vehicles to a full stop at the entrance and further reserves the right to
refuse admission to the Cemetery grounds, and to refuse the use of any of the Cemetery or
mausoleum facilities at any time to any person whom the Cemetery Manager determines is
unwilling or incapable of abiding by these rules or the rules of general decorum.
5. SUPERVISORY RESPONSIBILITIES OF CEMETERY MANAGER AND
FUNERAL DIRECTOR.
(a) All funeral processions, on entering the Cemetery grounds, shall be under
the direct control and supervision of the Cemetery Manager, providing that the funeral
director of the funeral shall be present to conduct the burial services in accordance with the
applicable Florida Statutes and these rules and regulations.
(b) Once a casket containing a body is transported into the Cemetery, a funeral
director or his embalmer, assistant, employee, or agent, is prohibited from opening [he
casket without the consent of the legal representatives of the deceased, or without a court
order, or without a valid disinterment permit.
4
(c) All funeral directors, their representatives, and aides shall be responsible for
transporting the remains of a deceased person frmn the funeral coach containing the
deceased's remains to the grave or crypt. At least one person from the funeral director's staff
shall be in attendance as a witness during interment or entombment of the deceased's
remains.
(d) Upon receiving an order from the owner of record to disinter human remains
from a cemetery plot, the Cemetery Manager will direct the removal and final disposition
of said human remains in the presence of a licensed funeral director. The Cemetery
Manager or cemetery staff shall not perform removal or transfer of human remains in the
absence of a licensed funeral director unless under order of the court.
6. CONTROL OF WORK BY CITY.
(a) All grading, landscaping work and improvements of any kind, the care of
plots, lots, crypts, and niches, a I I planting, trimming; cutting, and removal of trees, shrubs,
and herbage, all openings and closings of plots, lots, crypts, and niches, and all interments,
entombments, disinternents, and removals shall be performed by the City or a designated
contractor under the supervision of the Cemetery Manager.
(b) ALI improvements or alterations of lots, plots, crypts, and niches in the
Cemetery shall be performed under the supervision of the Cemetery Manager. If any
improvements and alterations are made without his/her written consent, he/she may remove,
alter, or change the improvements or alterations at the expense of the owner. The Cemetery
Manager may also remove or change any improvements or alterations, at the owner's
expense, if at any time, in his/her judgment, they become unsightly.
7. GRATUITIES NOT TO BE ACCEPTED BY EMPLOYEES.
No person, while employed by the City, shall receive any fee, gratuity, or commission,
except from the City, either directly or indirectly.
8. DISCLAIMER OF LIABILITY.
The City shall take reasonable precaution to protect owners and the burial rights of
owners within the Cemetery from loss or damage; but it expressly disclaims all liability for
any loss or damage from causes beyond its control, damages caused by weather, an act of
God, common enemy, thieves, vandals, strikers, intentional malicious action, explosions,
invasions, insurrections, riots, civil disturbances, or order of any military, civil, or judicial
authority.
9. AMENDMENTS.
The City may exercise, and it hereby expressly reserves, the right at any time, or times,
to adopt new rules and regulations or to amend, alter, or repeal any rule, regulation, section,
paragraph, or sentence in these rules and regulations.
5
II. INTERMENTS AND DISINTERMENTS
APPLICATION OF GOVERNMENTAL REQUIREMENTS.
In addition to these rules and regulations, all interments, entombments, disinterments,
and removals are made subject to the orders and laws of the applicable governmental
authority.
2. INTERMENTS ON SUNDAYS OR HOLIDAYS.
No interments, entombments, disinterments, removals, or interment services shall be
permitted on Sunday or on any legal holiday except as permitted by the Cemetery Manager
and upon the payment of applicable charges.
3. NOTICE AND APPLICATION TO CEMETERY MANAGER REQUIRED.
(a) The Cemetery Manager shall be notified at least 24 hours prior to any
interment or entombment and at least one week prior to any disinterment or removal except in
case of emergency or court order. The Cemetery Manager may refuse to make an interment
until a more expedient time if the remains arrive at the cemetery gate after 4:00 p.m., or if too
many funerals arrive at the same hour.
(b) The Cemetery Manager reserves the right to refuse interment or entombment
in any plot, niche, or crypt and to refuse to open any burial or entombment space for any
purpose if a written application by a qualified plot, crypt, or niche owner of record is not
submitted to the Cemetery Manager.
4. OUTER BURIAL CONTAINER.
Every earth interment shall be made enclosed in a concrete box, or in an outer wall of
stone, concrete, or steel. An outer vault or box shall be of a type approved by the Cemetery
Manager.
5. INSTRUCTIONS REGARDING LOCATION OF SPACES; ORDERS GIVEN BY
TELEPHONE.
(a) When instructions regarding the location of an interment space in a lot
cannot be obtained, or are indefinite, or when the interment space cannot be opened where
specified, the Cemetery Manager may at his/her discretion open it in such location of the
lot as he/she deems best and proper, so as not to delay the funeral.
(b) The Cemetery Manager shall not be held responsible for any order given by
telephone, or for any error resulting from imprecise or improper instructions regarding the
particular space, size, location, and memorialization in a lot, crypt, or niche where interment
or entombment is desired.
6
6. ERRORS MADE BY CITY MAY BE CORRECTED.
The City may correct any error made by it in making interment, disinterment, or
removal, or in the description, transfer, or conveyance of any interment property, by
cancelling such conveyance and substituting and conveying in lieu thereof other interment
property of equal value and similar location as selected by the Cemetery Manager, or by
refunding the amount of money paid on account of said purchase. If the error involves the
interment of the remains of any person in a different location, the Cemetery Manager shall
have the right to remove or transfer such remains so interred to such other property of equal
value and similar location as may be substituted and conveyed in lieu thereof. The
Cemetery Manager shall also have the right to correct any errors made by placing an
improper inscription, including an incorrect name or date, either on the memorial, marker,
crypt, niche, or on the container for cremated remains.
7. DELAYS CAUSED BY PROTESTS.
The City shall not be liable for any delay in the interment of a body resulting from a
protest against the interment or from noncompliance with these rules and regulations. Under
such circumstances, the Cemetery Manager has the right to place the body in a receiving vault
until full rights have been determined. The Cemetery Manager shall be under no duty to
recognize any protests of interments or entombments unless accompanied by supporting
documentation, including, where applicable, a court order.
8. CEMETERY MANAGER NOT RESPONSIBLE FOR PERMITS, EMBALMING,
OR IDENTITY.
The Cemetery Manager shall not be responsible for obtaining interment or
entombment permits or for the identity of the person sought to be interred, or the
embalming of the body.
9. INTERMENT CONDITIONED UPON PAYMENT.
No interment shall be permitted on or memorial placed in or on, any lot or plot in
the Cemetery where the purchase price thereof has not been paid in full.
]0. INTERMENT OF MORE THAN ONE BODY IN GRAVE.
Not more than one body, or the remains of more than one body, shall be interred in
any one grave or single crypt, except in the case of a mother and her infant, unless the
grave has been purchased with the written agreement that more than one body or the
remains of more than one body shall be interred therein; provided that proper identification
is made of such interment or interments on one regulation marker. The space required for
the interment of cremated remains shall be the standard plot size; however, the remains of
two cremated decedents or one body with one cremated decedent may be interred in one
plot.
7
t 1. INTERMENT OF CREMATED REMAINS.
(a) The Cemetery Manager shall designate an appropriate section of the
Cemetery for interment of cremated remains. Plots within this section shall be of
appropriate size, and the cremated remains of only one deceased person may be interred in
each plot.
(b) Cremated remains of a deceased person must be contained in a metal,
concrete, stone, marble, or granite container for earth burial. If the cremated remains are in
a container of wood, plastic, or other perishable material, the container shall be encased
inside a concrete or metal vault for earth burial.
12. INTERMENT IN INFANTS SECTION
The Cemetery Manager shall designate an appropriate section of the Cemetery for
interment of infant remains. Plots within the reserved section shall be of appropriate size to
permit the interment of one infant less than one year of age.
13. DISINTERMENTS AND REMOVALS.
(a) A body or cremated remains may be removed from its original lot or plot to a
larger or better lot or plot, crypt, or niche in the Cemetery or mausoleum, where there has
been an exchange or purchase for that purpose and where all fees and additional charges have
been paid in full.
(b) The Cemetery Manager shall exercise reasonable care in making a removal,
but assumes no liability for damage to any casket, burial case, or urn incurred in making the
removal.
14. PAYMENT OF SERVICE CHARGES.
The charges for services in connection with an interment must be paid to the Cemetery
Arrangements Manager a minimum of 72 hours prior to the closing of the grave. Charges for
disinterments or removal must be paid at the time of issuance of the order for same.
III. OWNERSHIP
SALE OF INTERNMENT RIGHTS
(a) The sale of interment rights shall be restricted to individuals who, at time of sale,
reside in the City, or are purchasing for a deceased resident of the city, or at the time of sale, are
immediate family members of the resident to be interred.
(b) Anon-resident with an already interred immediate family member is eligible to
purchase a cemetery space for personal interment. Immediate family members are limited to
spouse, children, grandchildren, mother, father, brother, sister, grandfather or grandmother,
lawful guardian or dependent, of a person already interred.
8
(c) Any non-resident may purchase Mausoleum niches and crypt spaces.
2. CEMETERY PRICES.
The prices for the Delray Beach Memorial Gardens Municipal Cemetery are set forth in
Exhibit "A". attached hereto.
3. RIGHTS OF OWNERS.
(a) Right of interment under owner's certificate of ownership or deed. At the time
of purchase of a lot or plot, and at any time thereafter during the purchaser's lifetime, an
owner shall execute a declaration of reservation specifically designating the persons entitled
to be buried in the plot or in any or all of the plots in a lot, or vesting the right of designation
for unreserved plots in a named person. Upon application by any person for interment of a
body in a given burial space, the burden of proof as to the identity of the person to be interred
rests upon the applicant. The Cemetery Manager is authorized to rely on the representations
as provided in the application.
(b) Right of interment in absence of owner's declaration of reservation. In the
absence of a declaration of reservation, the order of interment shall be:
(i) One burial space shall be forever reserved for the owner and for the
owner's surviving spouse, if any.
(ii) Lineal descendants of the owner, or owners, and their respective
spouses.
(iii) Parents of the owner, or owners.
(c) Vested rights of owners. The burial rights of any owner shall be presumed to
be the sole and separate property of the person named as grantee in the certificate of
ownership or deed; provided, however, that the spouse of an owner shall have a vested right
of interment of his/her body in any burial space conveyed to the other spouse, provided that
such person shall remain the spouse of the owner or shall be the spouse at the time of the
owner's demise. No conveyance or transfer of a lot or plot shall be made by a married owner
without the joinder of the spouse.
4. INALIENABILITY OF CEMETERY LOTS.
All lots, the use of which has been conveyed in a certificate of ownership or deed, are
indivisible. Whenever an interment of the remains of a member, or of a relative of a
member of the family of the record owner, or of the record owner, is made in a lot, the lot
thereby becomes inalienable, and shall be held as set forth in the declaration of reservation.
5. TRANSFERS. ASSIGNMENTS AND REPURCHASE
(a) Cemetery lots, plots, crypts and niches may be transferred and assigned
providing that, upon such transfer, the City shall be paid the difference between the original
charge for the lot, plot, crypt or niche and the current charge for such lot, plot, crypt or
niche.
(b) No transfer or assignment of any lot, plot, crypt or niche or interest therein
shall be valid without the consent in writing of the City Manager. Transfer or assignment
must be made upon forms provided by the City for this purpose. The original certificate or
deed must be presented at the time application for transfer is made.
(c) A fee of $50.00 shall be charged for a transfer of ownership in lots, plots,
crypts and niches, which shall be paid prior to the City granting approval of the transfer.
(d) An owner of a lot, plot, crypt or niche may only sell such lot, plot, crypt or
niche to the City. If the City purchases the lot, which decision shall be in the City's sole
discretion, the City shall pay to the owner the cost originally paid by the owner. The
original certificate or deed shall be required for the repurchase.
6. CHANGE OF ADDRESS OF OWNER
It shall be the duty of the lot, plot, niche, or crypt owner to notify the Cemetery
Arrangements Manager of any change in his/her post office address. Notice sent to a lot,
plot, niche, or crypt owner at the last address on file in the office of the Cemetery
Arrangements Manager shall be deemed sufficient legal notice.
7. PRESUMPTION OF ABANDONMENT.
(a) There is hereby created a presumption that burial rights in the Cemetery have
been abandoned when an owner of unused burial rights has failed to provide the Cemetery with a
current residence address for a period of 30 consecutive years and the Cemetery is unable to
communicate by certified letter with said owner of unused burial rights for lack of address. No
such presumption of abandonment shall exist for burial rights held in common ownership which
are adjoining, whether in a grave space, plot, mausoleum, columbarium, or other place of
interment, if any such burial rights have been used within such common ownership.
(b) Upon the occurrence of a presumption of abandonment, the City shall publish
notice in a newspaper of general circulation in the County which shall provide the name of the
owner and burial rights under the presumption of abandonment. If the owner or heir (who can
prove ownership interest) fails to come forward within 30 days of such notice, the burial rights
shall be presumed to be abandoned and the City may resell such burial rights. In the event the
City sells such burial rights and the owner or heir then makes claim, the owner or heir shall only
be entitled to a refund of the monies that were paid initially for the purchase of the burial rights.
10
8. MEMORIALS, MONUMENTS, AND MARKERS.
(a) The placement, location, erection, and construction of all memorials,
monuments, and markers within the Cemetery grounds shall be done subject to the approval
and under the supervision of the Cemetery Manager. Whenever possible, all new
memorials shall be located in line with those previously established, and all placements
shall conform to the size of the plot or lot for which it is intended.
(b) No memorials or monuments shall be permitted above ground in any section
of the Cemetery grounds.
IV. CEMETERY REGULATIONS AND RULES OF CONDUCT
1. TIME GROUNDS OPEN.
The Cemetery grounds shall be open during the hours of 7:00 a.m. to 6:00 p.m. Monday
through Sunday and such hours as may be extended at the discretion of the Cemetery
Manager.
2. DECORUM.
Strict decorum shall be observed at all times within the Cemetery grounds, whether set
forth in these rules or not.
3. PERSONS PERMITTED.
(a) Only authorized personnel and visitors, owners, and relatives shall be
permitted in the cemetery and mausoleum grounds.
(b) Children under 15 years shall not be permitted within the cemetery or its
buildings unless accompanied by an adult.
4. USE OF WALKS REQUIRED.
Persons within the cemetery and mausoleum grounds shall use only the avenues,
walks, alleys, and roads.
5. PROHIBITIONS.
(a) Interfering with plants or wildlife. All persons are prohibited from gathering
flowers, either wild or cultivated, or disturbing trees, shrubbery, or plants, or feeding or
disturbing the wildlife within the Cemetery or mausoleum grounds.
(b) Refreshments. No person shall be permitted to bring food or refreshments
within the Cemetery or mausoleum grounds.
(c) Lounging on grounds. No one shall be permitted to sit or lounge on any of
the grounds, graves, or monuments in the Cemetery or mausoleum.
I1
(d) Littering. Littering is expressly prohibited anywhere within the Cemetery and
its buildings.
(e) Peddling or soliciting. Peddling of flowers or plants or soliciting the sale of
any item is prohibited within the boundaries of the Cemetery.
(f) Firearms. Possession of firearms is prohibited within the Cemetery except by
duly authorized law enforcement agencies.
(g) Notices and advertisements. No signs, notices, or advertisements of any kind
shall be allowed in the Cemetery unless placed by the City.
(h) Pets. Pets shall not be allowed on the Cemetery grounds.
6. TRAFFIC REGULATIONS
(a) No person shall drive any motor vehicle within the Cemetery grounds at a
speed greater than is reasonable in light of any activity when occurring within the
Cemetery, provided that no motor vehicle shall be operated at a speed greater than ten
miles per hour. All motor vehicles shall be driven on the right side of the Cemetery
roadway, and shall at all times remain on the paved portions of such roadways which are
specifically provided for motor vehicle usage. No motor vehicles shall be parked or driven
on or upon any pedestrian paths, walkways, or unpaved areas, nor parked or stopped
adjacent to any open grave except in attendance for the services in connection therewith.
(b) No bicycles or motorcycles shall be admitted to the Cemetery except such as
may be in attendance at funerals or on official business.
7. DECORATION OF CEMETERY PLOTS AND MAUSOLEUM.
(a) No flower receptacles may be placed on any plot unless of approved material,
size, and design. The Cemetery Manager shall have the authority to remove all floral
designs, flowers, weeds, trees, shrubs, plants, or herbage of any kind, from the Cemetery or
mausoleum as soon as, in the judgment of the Cemetery Manager, they become unsightly,
dangerous, detrimental, or diseased, or when they do not conform to the standard maintained.
The City shall not be liable for floral pieces, baskets, or frames in which, or to which, such
floral pieces are attached, beyond the acceptance of such floral pieces for funeral services
held in the Cemetery or mausoleum. The Cemetery Manager shall not be responsible for
frozen plants, or herbage of any kind, or for plantings, damages by the elements, thieves,
vandals, or by other causes beyond his control. The Cemetery Manager reserves the right to
regulate the method of decorating plots so that a uniform beauty may be maintained. The
Cemetery Manager reserves the right to prevent the removal of any flowers, floral designs,
trees, shrubs, plants, or herbage of any kind, unless consent is given.
(b) The placing of boxes, shells, toys, metal designed ornaments, chairs, settees,
glass, wood, or iron cases, and similar articles upon plots shall not be permitted, and if so
placed the Cemetery Manager reserves the right to remove same.
12
(c) No artificial flowers are permitted in or around mausoleum buildings. No
flowers or attachment for same can appear on front of crypts or niches. All remembrances
(flowers) must be placed in front of or near a particular crypt or niche and can remain for a
maximum period of three days. After the third day, said flowers will be removed and
disposed of.
(d) No potted plants containing soil, perlite, or other loose materials are permitted
in chapels or walkways in the mausoleum except for the holidays of Easter, Mother's Day,
Father's Day, and Christmas. In those instances, the potted plants shall be removed within 48
hours after the holiday.
13
EXHIBIT "A"
PLOTS
Resident
Non-Resident
Infant Resident
Infant Non-Resident
OPENING & CLOSING**
Resident Tues-Fri
Non-Resident Tues-Fri
Infant Resident Tues-Fri
Infant Non-Resident Tues-Fri
Resident Saturday
Non-Resident Saturday
Infant Resident Saturday
Infant Non-Resident Saturday
Cremains (no set up) Tues-Fri
Cremains (with set-up) Tues-Fri
Cremains (no set-up) Saturday
Cremains (with set-up) Saturday
PRICE
$550.00
$850.00
$50.00
$ioo.oo
$500.00
$500.00
$30.00
$60.00
$600.00
$600.00
$r3o.oo
$i6o.oo
$40.00
$ioo.oo
$r4o.oo
$200.00
** Opening and Closing includes set-up with tent and or chairs, unless otherwise
Indicated.
If funeral services start or extend beyond 4:00 p.m., a fee of 100.00 per hour shall be charged
until such service is concluded. Such fee shall be paid either prior to the funeral service (if
scheduled to start or conclude beyond 4:00 p.m.) or within 10 days of receiving an invoice
from the City.
14
MAUSOLEUM PRICE LIST
LEVEL
SIDE BY SIDE
PRICE
Sixth
Fifth
Fourth
Third
Second
First
Sixth
Fifth
Fourth
Third
Second
First
Twelfth
Eleventh
Tenth
Ninth
Eight
Seventh
Sixth
Fifth
Fourth
Third
Second
First
TRUE COMPANION
NICHES
$3,640.00
$3,640.00
$4,040.00
$4,340.00
$4,340.00
$4,040.00
$3,440.00
$3>440.00
$3,840.00
$4,140.00
$4,140.00
$3,840.00
$595.00
$595.00
$595.00
$595.00
$595.00
$795.00
$795.00
$795.00
$795.00
$795.00
$695.00
$695.00
15
City of Delray Memorial Gardens Cemetery
Price Proposal
4 ~"fix tt ~$y{
{ ~. ~' ~ ~t~~'a tS N~ p7a ~A#,x
Non-Resident Non-Resident Price % of
existing price Proposed Price change change
Adult $850.00 $935.00 $85.00 ]0%
Infant $100.00 $110.00 $10.00 ]0%
Resident Resident Price % of
existing price Proposed Price change change
Adult $550.00 $575.00 $25.00 5%
Infant $50.00 $52.50 $2.50 5%
1 J$ ,Y ~~ ~' Q .f°~.L. N. ~,x f k $. tv i YY
Adnlts Non-Restdeot Non-Resident Price % of
existing price Proposed Price change change
Weekdays (Tues.-Fri.) $500.00 $550.00 $50.00 10%
Weekends (Saturday) $600.00 $660.00 $60.00 ]0%
Tuesday -Saturday $550.00
Monday $660.00
Adults Resident Resident Price % of
existing price Proposed Price change change
Weekdays (Toes: Fri.) $500.00 $525.00 $25.00 5%
Weekends (Saturday) $600.00 $630.00 $30.00 5%
Tuesday - Satwday $525.00
Monday $630.00
Infants Non-Resident Non-Resident Price % of
existing price Proposed Price change change
Weekdays ('1'ues: tYi.) $60A0 $IUU.UU $40.00 67%
Weekends (Saturday) $160.00 $150.00 ($10.00) -6%
Tuesday -Saturday $100.00
Monday $150.00
Infants Resident
existing price Resident
Proposed Price Price
change % of
change
Weekdays (Tues.-Fri.) $30.00 $50.00 $20.00 67%
Weekends (Saturday) $130.00 $125.00 ($5.00) -4%
Tuesday -Saturday $50.00
Monday $125.00
remams on- ea en on- es en nce ° o
existing price Proposed Price change change
Weekdays (n set up) $40.00 $100.00 $60.00 150%
Weekdays (with set-up) $100.00 $150.00 $50.00 50%
Weekends (no set up) $140.00 $175.00 $35.00 25%
Weekends (with set-up) $200.00 $200.00 $0.00 0%
~ ~ °
existing price Proposed Price change change
Weekdays (n setup) $40.00 $75. 00 $35.00 88%
Weekdays (with set-up) $100.00 $125. 00 $25.00 25%
Weekends (no setup) $140.00 $150. 00 $10.00 7%
Weekends (with set-up) $200.00 $225. 00 $25.00 13%
The newly proposed days/schedule with corresponding proposed fees (Mondays, and Tuesday
through Friday) is highlighted in yellow.
Openings and closings include set-up with tent, unless otherwise indicated.
1~ea~E~iu1~=. °"ier!°~~~ui~raved~~-lait±~:~ ,<.,<
Chazges are included in plot and mausoleum fees
L¢Ve15 Existing Prices Existing Prices
At Need Preneed
Sixth 4,660 3,640
Fifth 4,660 3,640
Fourth 5,050 4,040
Third 5,425 4,340
Second 5,425 4,340
First 5,050 4,040
LCVP.IS
Existing Prices ~,
Existing Prices
At Need Preneed
Sixth 4,300 3,440
Fifth 4,300 3,440
Fourth 4,800 3,840
Third 5,175 4,140
Second 5,175 4,140
First 4,800 3,840
Existing Prices Existing Prices
L¢VP.IS At Need Preneed
Twelfth 714 595
Eleventh 714 595
Tenth 714 595
Ninth 714 595
Eighth 714 595
Seventh 714 795
Sixth 954 795
Fifth 954 795
Fourth 954 795
Third 954 795
Second 834 695
First 834 695
ew ++~,~~era:.x~asa nt,,,rus~rwst~ms..,, <ao~,~nxacrwnw
Proposed change Proposed Change
At Need to Non-Resident Preneed to Residential
4,660 3,640
4,660 3,640
5,425 4,340
5,425 4,340
5,050 4,040
5,050 4,040
Proposed change Proposed Change
At Need to Non-Resident Preneed to Residential
4,300 3,440
4,300 3,440
5,175 4,140
5,175 4,140
4,800 3,840
4,800 3,840
Proposed change Proposed Change
At Need to Non-Resident Preneed to Residential
714 595
714 595
714 595
714 595
714 595
714 795
954 795
954 795
954 795
954 795
834 695
834 695
C
O
N
m
Q
O
V
m
._
a
w
E
v
d d d~~~ d ~ ~ d ~ d d d
d m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~
s > > > > > > >
E ¢ a a a a a a s a s a s a s a s
0
3 3 3 3 3 3
3
3
3 3
3
3
3
3
3
3
v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~ ~ ~ ~ ~ d ~ ~ d d d ~ ~ a~ m d
m m m m m m m m m m m m m m m m
0
eq
y ~ ~
T ~
~ te
~ r. _ _ _
~
~ oc r - 1~ O ~ [~ OA M l
U ~ ~T ~O -- M v~ x ~ O ~O ~ ~ ~ ~ ~ ~
A o ~ a ~ '" ~ ~ ~
y..,
U
U ~ ~. ~ r. .~
O ti ~
U ~
U o
. °
~i a~F... ~~: `~:'#N .~+T~fe tNtq r t **tgnP,d'"c+°`~: ., .
OA
M~ h .-r. [~ O
~
~
r M
~
O~
M
h
l~
N
~O M~ M V, W O O Q~
~ M N O~ O~
U ~ N N M~ ~/1 ~O .
-i ~D l~ M N ~--~
d
v
~ ~
n
rn ~ °O ~ g rn rn
.
1 r
iooo
v o O o °
y A N N M ~O 00 l~ .--~. N n .--~ N M M
w
a
M
N N ~ N N
y ~
N ^
~ `
O p 0 0 0 0 4
~
0
0
O O
0
0
O
O
~ n
~ n
vl N v'1 v1 O O u O O ~/1 v1 vl ul O O ~ n
.-.
~
C
a o
~ n N 0 0 0~ n ~ a O O O O O O O O O O
T N .-. O O M
N y O O O O O O O O O O
v
i
V
pOp O O
h ~O
u
~n
O
~n
v1
O
O M ii h it N M O i h u1 N ~--~ n
~ .-. r V r ~ ~ V, W O~ N
~ b
.~
~
O O O O O O
S
O
O
~~
O
O
~
~
~ pp
O
U Vl 00 ~ V1 V1 ~O `O
A a
e
T
~
~
~
~
`.J' N a) N ~ N d
[
b o
F 0
F 7 7
F F
~
j
~
~
H
H
~
p
N
v b ~ :d ~ U ~ ti
q U m °~ O
~ oG z
°'
o
~-
'C
e
q
U C
A
O
P~
o
Z ~
3
„ v C ~ ~v ,~ v b ~ L
, `
'
`~
o q q
.^ w ;b b b O .
a
i o a ~ ai
Vi b I CC r+ i+ ~ ~ Y ~ b W a5p^+ W b W C Y^ F
l
a cGZ~~UU > a ~ O a: z Wiz, w z ° ~ U v
~d
mm
~~
d~
>>
a a
3 3
0 0
m ~'
x o
O M
N
E"n (~+
00 O
~ M
M M
t f';ri
~ ~
O O
vi in
M M
~ h
N N
N N
O
00
V
~ S
.-. N
T >.
'~ p
~, .-. S
~ c
~ ~ o
cn cn a a
O (V
O ~
i+i N
d O
o d
7 L~ ~
N y N
N .C N C
O ~ ~ ~
~ 3
~ ~
NC G
~~ ~ ii ii
w ~
w
U U m m
0 a
o
w ~ m
n U W
C? o w
Y
ti
~": ~
w ~
°`
d ~
'
~
~ ~
N ~
N ~
n
'O v
1
~ M l~
'" ~
a
.~
w
0 0 0
~ ~ c
O
G1 vi ^.
M .~
~~~
~
A M ~D ~ V
Pr V V M V M ~ 1
O
w
~
L N
~ ~ N~ p
O
O h °
~
y O V Vl 00 ~--~ M
i N ~ ~
.--i
A a v; vi v v v
v -~ oo rn ~
.-~. .O
n
d
'0
d
e 9
8
a
a
~
u
a
.~ ~
'fl
' H
`~ w y
a .;
. ~
d
o d ~ :~ ~ ~
~
d 8 3
r N v
~
O
~
d .
i y .d b ~ td
" ~ ~~> ^~ ~ Z ~~~ ~~
U o >
?: ~
..~. ? ^ .~
E a
i
~ e ~ ~ c~
tx
~ .
~°
° ~ ~ ~
~ a, ~ ~ 'c
~ o, '" y n o o
C " C
~ ~ X
~ ~ ~ b
.p C ~
c0 ~ C
~'
c
C
d
c p 3
.
C'
cd ^ ~ v
ed V~ ., b Y
F
,d
y V~ U ,d
~ O Q i
«~
~ .~ ~ N~ N^+ Nan M ~ r. M0
0 A CA O