AGENDA CAPTION:
Title
Consider approval of Ordinance 2016-01, on the first of two readings, amending chapter 22, Cemeteries, of the San Marcos city code by establishing miscellaneous rules, procedures and restrictions with regard to the city’s cemetery, including, among other things, providing new limits for casketed burials and cremations, and prohibiting private mausoleums; providing for the repeal of any conflicting provisions; providing penalties; and providing an effective date.
Body
Meeting date: March 15, 2016
Department: Community Services
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
CITY COUNCIL GOAL: N/A
COMPREHENSIVE PLAN ELEMENT(s): N/A
BACKGROUND:
On January 19 City Council appointed a Cemetery Subcommittee to review and make recommendations on Chapter 22, Cemeteries, of San Marcos City Code. After two Subcommittee meetings, the committee agreed to recommend the following underlined changes to the ordnances.
Sec.22004. Admission item (b) It is unlawful for any person to enter the cemetery at any location other than an authorized entrance. (c) The caretaker will be on duty at the cemetery during normal business hours from Monday through Friday of each week.
Sec.22.005 (a) All purchases of cemetery lots, mausoleum crypts, or columbarium niches must select the lots, crypts or niches at the cemetery. Once selected, lots, crypts and niches may be purchased in the finance department. The placement or use of private mausoleums at the cemetery is prohibited.
Sec.22.009 perpetual care. (f) Any activity done by a contractor for the owner or representative of a lot will be required to obtain a permit. Such permit will require a fee as established by the city council (fee amount$??????). Contractor will be required to provide insurance of $500,000
Sec.22.010. Interments. (f) The maximum number of burials allowed per lot is: (1) two casketed burial (stacked); (2) one casketed burial and six cremations; or (3) six cremations.
(g) The maximum number of placements per columbarium niche is two cremations. (h) The maximum number of placements in a mausoleum crypt is; (1) one casket; or (2) twelve cremations.
Sec.22.014. Decorations of lots, crypts, and niches.
(1) No memorial, monument, or grave marker, except a temporary marker placed by a funeral home, is allowed on any burial lot until the purchase price and perpetual care fees have been fully paid and the deed has been delivered to the purchaser.
(6) (d) Unapproved items will be removed by the caretaker and disposed of at the caretaker’s discretion.
Sec.22.015. Miscellaneous Prohibitions; penalty for violations,
(a) In addition to any other prohibited or unlawful conduct set forth in this chapter, entry into and use of the cemetery shall be subject to the restrictions in this section. (1) The consumption or open display of alcoholic beverages is prohibited. (2) Loitering, loud music, excessive vehicle noise or other behavior that disrupts the peace is prohibited. (3) All pets must be on leash or otherwise restrained in accordance with applicable ordinances. (4) Smoking of cigarettes, including e-cigarettes that create a vapor in any manor or any form, is prohibited.
(5) Water is for landscaping irrigation use only. Watering is allowed only by hand-held hose or by sprinkler connected to a hose while the person that connected the sprinkler is present and only on the days and times designated in the approved irrigation conservation plan for the cemetery. No other temporary or permanent irrigation systems or connections shall be allowed. (6) Vehicles may only be parked on paved streets or drive aisles. No vehicles are allowed in the cemetery except during cemetery hours. Vehicles parked in violation of this subsection may be towed at the owner’s expense. (b) A violation of this section is a Class C misdemeanor, punishable by a fine as provided in section 1.015 of the San Marcos City Code.