§ 92.76 MEMORIALS, PLANTS AND GRAVE DECORATIONS.
   (A)   Monuments and markers.
      (1)   No monument marker or other structure may exceed a vertical height of four feet (48 inches) unless approved by the City Commission.
      (2)   All burial spaces shall have no more than one monument or grave marker with the exception that family burial lots may have a family marker and a marker for each family member interred therein.
      (3)   For interments after October 1, 2010, a permanent monument or grave marker shall be required on all burial spaces. Markers or monuments must be installed no later than 180 days after internment.
      (4)   All monuments, grave markers and corner markers shall be of bronze, granite, marble or other equally durable stone material, metal or metal alloy. Monuments and markers shall be placed on a foundation which is no closer than three inches to the boundary lines of the grave space.
      (5)   No monument or marker shall be set unless the burial space has been located by the Parks and Recreation Director or his or her designated representative. The Parks and Recreation Director, or his or her designee, shall clearly mark the burial space upon which the monument or marker will be set and shall issue written authorization to the monument company to proceed with the construction of the foundation for the monument or marker. A request for authorization must be made to the Parks and Recreation Director, or his or her designee, by 4:00 p.m. on the business day preceding the day on which the setting of the monument or marker will occur. All monuments, grave markers and corner markers shall be set between the hours of 8:00 a.m. and 4:00 p.m.
      (6)   All monuments, grave markers and corner markers shall be placed on a foundation which shall be adequately designed to prevent future settlement, tilting or cracking. All foundations shall be built by the monument company at the cost of the owner. In order to ensure consistent installation of cemetery monuments and markers within all city-owned cemeteries, the following shall apply:
         (a)   Permit required. Installation of all foundations will require the issuance of a permit to the monument company by the Parks and Recreation Director, or his or her designee. The cost of the permit will be as established in § 92.78 and will be nonrefundable. The permit fee will be paid by the monument company and will cover the cost of one foundation inspection. Additional inspections will require payment of a $25 service fee by the monument company. No additional fee will be required for the actual placement of the monument or marker onto the foundation.
         (b)   Monument or upright marker. All monuments must have a foundation installed that is three inches wider than the monument on all four sides.
         (c)   Flush-mounted marker. A foundation shall be installed that is at least as long and as wide as the marker that will be resting upon it. The foundation shall be constructed of concrete that is a minimum of three inches in depth and shall be reinforced with a steel bar one-half inch in diameter.
         (d)   All foundations. In all installations, the foundation shall be constructed upon well-compacted soil. The foundation shall be constructed of concrete and shall have a minimum designed strength of 2,000 pounds per square inch (2,000 psi). Foundations shall be constructed with the use of forming for the upper four inches of the cast-in-place concrete. Wood forms are permitted, but must be removed after the concrete has cured in place. The surface of the foundation shall be level and have a smooth float finish. After curing of the concrete foundation, form work shall be removed and the area back-filled with screened topsoil prior to setting of the monument or marker.
         (e)   Inspection. All foundations shall be inspected by the Parks and Recreation Director, or his or her designee. If the foundation installation is determined to be satisfactory, the Parks and Recreation Director, or his or her designee, shall authorize the monument company to proceed with the setting of the monument or marker. If the foundation installation is determined to be unsatisfactory, the Parks and Recreation Director, or his or her designee, shall issue written notice to the monument company requiring that the problem(s) be corrected. No authorization shall be issued to proceed with the setting of the monument or marker until the foundation installation is determined to be satisfactory.
         (f)   Time of inspection. To facilitate inspection by the Parks and Recreation Director, or his or her designee, all foundations shall be set between the hours of 8:00 a.m. and 4:00 p.m.
         (g)   Rights reserved. The city reserves the right to modify the specifications contained herein for installation of any foundation, monument or marker, if, in the sole discretion of the Parks and Recreation Director, or his or her designee, such modification is deemed to be desirable.
      (7)   Where a monument or marker has been previously set, no monument or marker shall be engraved unless the burial space has been located by the Parks and Recreation Director, or his or her designee, or his or her designated representative. The Parks and Recreation Director, or his or her designee, shall clearly mark the burial space upon which the monument or marker will be engraved and shall issue written authorization to the monument company to proceed with the engraving of the monument or marker. A request for authorization must be made to the Parks and Recreation Director, or his or her designee, by 4:00 p.m. on the business day preceding the day on which the engraving of the monument or marker will occur.
      (8)   Any monument or marker which has been set in violation of the rules and regulations established by this section shall be removed from the grave site by the monument company. It shall be the responsibility of the monument company to reset the monument or marker in accordance with the rules and regulations of this section without charge to the owner or the city.
      (9)   Lettering on niches shall comply with all requirements established by the city for uniformity. Any lettering which has been placed on a niche which fails to comply with all such requirements shall be replaced by the monument company without charge to the owner or city.
      (10)   It shall not be the responsibility of the city to replace or repair temporary metal grave markers, and all temporary grave markers shall be removed when the permanent marker is set. Any temporary grave marker remaining on the
grave six months after the interment shall be removed by the Parks and Recreation Director, or his or her designee, at no risk to the city.
      (11)   While the city will exercise all possible care to protect raised lettering, carving or ornaments on any monument or memorial, it disclaims responsibility and shall not be liable for any damage or injury thereto.
      (12)   The monument company shall exercise all possible care to protect grave markers, monuments, water lines, and other cemetery fixtures, and shall be held liable for any damage incurred.
   (B)   Plants, shrubs, flowers, trees and grass.
      (1)   Permanent planting, maintenance and removal of grasses, shrubs, trees, flowers, and the like, shall be done only by the city.
      (2)   The Parks and Recreation Director, or his or her designee, shall remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from a cemetery as soon as, in the judgment of the Parks and Recreation Director or his or her designee, they become unsightly, dangerous, detrimental or diseased or when they interfere with the normal maintenance of the cemetery. Notice of such removal shall not be required.
      (3)   The city shall not be liable for frozen plants or herbage of any kind or for plantings damaged by the elements, thieves, vandals or by other causes beyond its control.
      (4)   Live flowers from burial services shall be removed by the Parks and Recreation Director, or his or her designee, at their discretion.
   (C)   Enclosures, coping, curbing and borders.
      (1)   Fences, hedges, pipe, chains or raised enclosures of any kind are prohibited on grave sites. No coping or curbing shall be installed.
      (2)   In order to allow free passage of mowers or other equipment, curbs, coping, walls or other enclosures around spaces will not be permitted.
      (3)   The requirements of this division (C) shall not apply to portable fences, chains and other structures or equipment used during interments or memorial ceremonies provided said fences, chains, structures, or equipment are removed immediately after completion of the interment or ceremony.
   (D)   Grave decorations.
      (1)   Grave decorations of any kind will be removed when they violate cemetery rules and regulations. Prior to removal, no notice of violation shall be provided.
      (2)   Special decorations placed on a grave site on special dates such as birthdays, anniversaries, Mother’s Day, Father’s Day, Memorial Day, Veteran’s Day, Christmas, Easter or other dates of religious or cultural significance, may be placed no more than seven calendar days before the holiday or special date and shall be removed within seven calendar days after the holiday or special date. Decorations not removed within the specified time shall be removed by cemetery personnel and disposed of without notice.
      (3)   The following shall not be allowed upon grave sites and, if so placed, shall be removed at no risk to the city:
         (a)   Toys, dolls, stuffed animals or similar articles;
         (b)   Shells, rocks, stones or pebbles;
         (c)   Glass, ceramic or plastic objects;
         (d)   Metal designs, frames, or hangers except as allowed on a temporary basis;
         (e)   Chairs, settees, benches or tables;
         (f)   Wood or metal boxes or cases;
         (g)   An ornament or item of any type that:
            1.   Interferes with the maintenance of the cemetery; or
            2.   Presents a potential safety hazard to cemetery staff and the public; or
            3.   Offends or insults any segment of the population that resides in the community; or
            4.   Disrespects the hallowed ground of the cemetery; or
            5.   Disrupts the good order of the cemetery.
      (4)   Flags may be placed on the grave site of a veteran in accordance with the following rules:
         (a)   Up to one American flag no larger than 13 inches by eight inches may be placed on a grave site on Veteran’s Day, Memorial Day and Independence Day;
         (b) Any flag remaining on a grave site after seven days shall be removed by cemetery staff without the need for notice; flags if faded or damaged, shall be destroyed in a dignified manner in accordance with Title 4, Chapter 1, Section 8, U.S.C. (“Respect for the Flag”).
         (c)   Small American flags no larger than six inches by four inches may be incorporated into floral arrangements at all times during the year.
      (5)   All decorations shall be placed on a grave site at the owner’s risk, and the city shall not be responsible for the loss of any decorations by any cause whatsoever.
(Ord. 1391, passed 10-21-10)