Chapter 16 - CEMETERIES AND BURIALS

Sec. 15.16 - Power to suspend. Chapter 18 - CIRCUSES AND ASSEMBLIES IN TEMPORARY STRUCTURES Chapter 16 - CEMETERIES AND BURIALS[1]

Footnotes: --- (1) ---

Editor's note— Ord. of 6-27-1977, § 1, repealed former ch. 16, §§ 16.01—16.09, relative to cemeteries and burials, and enacted in lieu thereof a new ch. 16 as herein set out. Former ch. 16 was derived from Ord. of 6-17-1974, § 1, and Ord. of 7-28-1975, § 2(A)—(G).

ARTICLE I. - GENERAL PROVISIONS

Sec. 16.01. - Definitions.

The following terms, when used in this Chapter shall have the meaning respectively ascribed to them in this section:

(1)

Cemetery shall mean Greenwood Cemetery.

(2)

Space shall mean a parcel of cemetery property which is designed for the interment of the remains of one human being.

(3)

Cemetery Superintendent shall mean the City Clerk.

(4)

Cemetery Supervisor shall mean the on-site Greenwood Cemetery Sexton.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 1; Ord. of 5-10-1999, § 1, Doc. #32067; Ord. No. 2014-52, § 1, 10-19-2015, Doc. #1510191202)

Sec. 16.02. - Greenwood Cemetery Declared Public Cemetery of City; Description; Map; Use.

The tract of land, being the southwest quarter of the northwest quarter of Section 31, Township 22 South, Range 30 East, according to a plat recorded at the office of the Clerk of the Circuit Court of the County in Deed Book 87, page 227, is declared to be the public cemetery of the City, to be known as Greenwood Cemetery. An official map of the Greenwood Cemetery shall at all times be on file at the office of the supervisor of Greenwood Cemetery. The cemetery is set apart only for the burial, entombment or inurnment of human remains and shall only be used as such in perpetuity.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 1)

Sec. 16.03. - Greenwood Cemetery Not Perpetual Care Cemetery.

Greenwood Cemetery is not one of perpetual care and the City shall be under no obligation to maintain any set standard for its care and upkeep. The City shall endeavor to provide general maintenance and care to the cemetery in keeping with the reminder that it is sacredly devoted to the interment, entombment or inurnment of the dead.

(Ord. of 6-27-1977, § 1)

Sec. 16.04. - Burials in City Restricted to Greenwood Cemetery and Washington Park Cemetery.

No human body shall be buried within the City limits of the City of Orlando, except in Greenwood Cemetery or in Washington Park Cemetery if a privately owned cemetery, or in such other cemetery facilities and/or property as the City Council may from time to time designate, acquire or control.

(Ord. of 6-27-1977, § 1)

Sec. 16.05. - Duties of City Clerk and Supervisor of Greenwood Cemetery.

The City Clerk shall be responsible for the administration of the cemetery and for the enforcement of all ordinances, rules, regulations, policies and procedures approved by City Council pertaining thereto. The supervisor shall supervise all workmen within the boundaries of the cemetery. The supervisor shall have the authority to cause the expulsion from the cemetery of persons who violate this Chapter or whose conduct is considered to be contrary to the accepted decorum of the cemetery.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 3; Ord. of 5-10-1999, § 2, Doc. #32067)

Sec. 16.06. - Liability Disclaimer.

The City shall not be held liable for errors or damages which may occur as a result of telephone instructions from space owners and their legal representatives, or Funeral Directors, acting on behalf of the owner or his or her heirs. The City shall take reasonable precaution to protect space owners and the burial rights of owners within the cemetery. It disclaims all responsibility for loss or damage caused by flooding, fire, windstorm, or other causes deemed an Act of God, a common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral. The City has the right without prior approval of the space owner or his or her legal representative to perform necessary maintenance tasks and to correct errors made in good faith, in any phase of cemetery administration, operation or maintenance without incurring liability of any kind whatsoever.

(Ord. of 6-27-1977, § 1; Ord. of 5-10-1999, § 3, Doc. #32067)

Sec. 16.07. - Conduct of City Employees.

City employees shall be prohibited from working for individual property owners in the cemetery at any time or from receiving tips or gratuities.

(Ord. of 6-27-1977, § 1)

Sec. 16.08. - Hours of Operation.

Cemetery gates shall be open daily from 7:00 a.m. to 7:00 p.m. Cemetery office shall be open Monday through Friday, from 7:30 a.m. to 4:00 p.m.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 4; Ord. of 5-19-1986, Doc. #20284; Ord. of 5-10-1999, § 4, Doc. #32067; Ord. No. 2014-52, § 1, 10-19-2015, Doc. #1510191202)

Sec. 16.09. - Spaces: Ingress and Egress Over; Replatting; Increasing Size.

The City reserves the perpetual right of ingress and egress over all spaces, and the City reserves the right to change, modify or replat any part of the cemetery not sold for burial purposes. The City has the right, but not the duty, to increase the size of any burial space already sold for burial purposes to conform with current lot size requirements so long as no charge to the owner is made for such increased size. The City has the right to abandon portions of walkway areas in the cemetery as needed to increase the size of any burial lot to conform to space size requirements.

(Ord. of 6-27-1977, § 1; Ord. of 5-19-1986, Doc. #20284)

ARTICLE II. - SALES AND TRANSFERS

Sec. 16.10. - Spaces; Sale to Permanent Residents; Exceptions.

The City shall only sell spaces in Greenwood Cemetery for prices fixed by the City Council to residents of the City of Orlando who have resided within the corporate limits of the City for a period of more than one year prior to the date of sale, and to persons who are not permanent residents of the City provided that such sales shall be only for the immediate burial of a permanent resident of the City who met the residency requirements hereunder at the time of the resident's death. The Sexton of the Greenwood Cemetery shall require satisfactory evidence of such prior residence within the City. In addition, the City may sell spaces in Blocks 12, 16, 17, 18, 19 and 20 of Greenwood Cemetery to non-City, as well as City residents.

Provided, however, that a person who has not met the residency requirements set forth herein may be permitted to purchase spaces in Greenwood Cemetery at the price established by City Council for qualified non-residents if such person is related by blood or marriage to a deceased person buried in said cemetery, unless such deceased person is interred in a section of the cemetery reserved for members of the American Legion, Spanish-American War Veterans, Grand Army of the Republic, Independent Order of Odd Fellows, or United Confederate Veterans, and such deceased person, at the time of his or her death, did not meet City residency requirements.

(Ord. of 6-27-1977, § 1; Ord. of 11-7-1977, § 1; Ord. of 12-11-1978, § 1; Ord. of 3-30-1981, § 5; Ord. of 5-10-1999, § 5, Doc. #32067; Ord. No. 2014-52, § 1, 10-19-2015, Doc. #1510191202)

Sec. 16.11. - Sales of Spaces; Deeds.

The supervisor, or designated cemetery staff, shall have the duty to show available spaces to prospective purchasers and to conclude the sale of such spaces. An agreement of sale shall be completed at the time of purchase. A deed to the property will be issued by the City only upon receipt of full payment. Such deed shall be subject to the applicable ordinances of the City of Orlando, laws of the State of Florida, and such restrictions as are of record. The sales agreement, deed, ordinances and any amendments thereto, shall constitute the sole agreement between the City and the purchaser and no other agreement shall be recognized by the City. Spaces may be purchased on an installment basis in accordance with the terms of the agreement of sale; provided, however, that interment in or the placing of a memorial on a space shall not be permitted until the purchase price of that space has been paid in full. Deeds to spaces in Greenwood Cemetery shall be executed by the Mayor, Mayor Pro Tem or Director of Finance and attested by the City Clerk with the common seal of the City affixed. The form of such deed shall be as prescribed by the City Council.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 6; Ord. of 5-19-1986, Doc. #20284)

Sec. 16.12. - Notices to Space Owners.

It shall be the duty of each space owner to keep the City informed as to his or her correct mailing address and the correct address of his or her legal representative if notices are to be sent to that representative. Notices or other correspondence mailed to the address on file with the City for the space owner, shall constitute actual delivery and notification.

(Ord. of 6-27-1977, § 1)

Sec. 16.13. - Sales to Non-Family Members; City's Right of First Refusal.

A space owner may sell or transfer his or her space only to a relative by blood or marriage, provided however, a space owner may sell or transfer his or her space to a person not related by blood or marriage if the owner receives approval of said sale from City Council. In the event a space owner wishes to sell or transfer his or her space to a person other than a relative by blood or marriage in a sale or transfer not approved by City Council, the owner shall first offer in writing the space for sale to the City of Orlando. The City may repurchase the space for the original purchase price or one-half of the current sales price, whichever is greater, less a recording fee if the deed from the City to the owner is not recorded. If the City wishes to purchase the space, the City shall notify the owner thereof within five (5) days of receipt of notice, and the sale shall be closed within five (5) days after receipt by the City of evidence of title to the space satisfactory to the Office of Legal Affairs.

(Ord. of 6-27-1977, § 1; Ord. of 12-14-1981, § 1; Ord. of 5-10-1999, § 6, Doc. #32067; Ord. of 10-9-2000, § 1, Doc. #33308)

ARTICLE III. - DECLARATION OF RESERVATION

Sec. 16.14. - Declaration; Rights If No Declaration.

The owner of a space may present his or her deed to the Cemetery Supervisor designating in writing persons entitled to be buried in the space or spaces owned. This designation may be amended at any time by the owner(s) in the same manner as the original designation. Only relatives by blood or marriage may be designated under this section; provided however, persons other than relatives by blood or marriage may be designated if the owner receives approval of said designation from City Council. In the event the owner fails to designate burial rights for the space or spaces owned, and in the event the property is not transferred or conveyed as provided herein, the right of interment in the space or spaces shall be in the following order:

(1)

One space, niche or crypt shall be forever reserved for the owner and one for the owner's surviving spouse, if any.

(2)

The remaining spaces shall pass to the heirs or devisees of the owner in the same manner as real property passes under Florida Law: provided, however, that no person shall be interred in a space passing under this section unless such person would have been eligible under the provisions of this Chapter to be designated for burial in such space at the date of such person's death or the interment of said person is approved by City Council.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 7)

Sec. 16.15. - Rights Upon Interment.

Whenever an interment of the remains of any person is made in a space, the space thereby becomes inalienable and shall be held as the space of the interred person except in the case of cremated remains as set forth in Section 16.17.

(Ord. of 5-10-1999, § 7, Doc. #32067)

ARTICLE IV. - INTERMENTS AND DISINTERMENTS

Sec. 16.16. - Subject to Laws.

All interments, disinterments and removals are subject to the orders and laws of the properly constituted authorities of the City of Orlando, County of Orange and State of Florida.

Sec. 16.17. - Interments in General.

All earth interments shall be in a liner or vault of concrete or steel of a type approved by the cemetery Supervisor. No more than the remains of one body shall be interred in any one space, vault or crypt, except in the case of a mother and stillborn child(ren). However, if written permission is given by the owner of a space or, if the owner is deceased, by the owner's heirs, permitting more than the remains of one person to occupy a space, vault or crypt, an exception will be made to permit no more than one regular interment and one cremain or two cremains in any one space, vault or crypt.

Installation of cremorial headstones may be permitted under the same number, size and material restrictions as set forth in Section 16.26; provided, however, that in cases where the use of a cremorial headstone causes the total number of allowable interments or inurnments in any one space to be exceeded, each additional inurnment shall be charged a fee as set forth by City Council for right of additional interment.

The number of allowable cremation interments in a cremation niche shall correspond with the type and size of the niche, (i.e., a single niche shall be restricted to the interment of one cremain; a double niche, two cremains).

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 8; Ord. of 5-10-1999, § 8, Doc. #32067)

Sec. 16.18. - Changing of Spaces; Protests; Liability.

If, for any reason, a previously purchased interment space is unavailable, the Supervisor, to prevent a delay in the services, may provide one in a location he deems best and proper. The City, as a result of such action, shall not be held liable in any way. The City shall not be liable for any delay in interment where a protest by the legal representatives or heirs has been made, or where this ordinance or rules and regulations have not been followed. Protests of interments must be in writing and filed with the Supervisor.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 9; Ord. of 5-10-1999, § 9, Doc. #32067)

Sec. 16.19. - Notice to City; Days Interments are Prohibited.

The supervisor must be given no less than twenty-four (24) hours notice prior to any interment. At least one week's notice must be given for disinterment or removal. In no event shall interments and disinterments be permitted on the following holidays: Easter Sunday, Thanksgiving Day, Christmas Day, or any other days which hereafter may be designated by City Council.

(Ord. of 6-27-1971, § 1; Ord. of 3-30-1981, § 10; Ord. of 5-10-1999, § 10, Doc. #32067)

Sec. 16.20. - Charges.

The City shall furnish all equipment required for services, interments, entombments, inurnments, disinterments and removals. Service charges for the use of equipment and labor shall be established by City Council and such charges must be paid prior to interment, entombment, inurnment, disinterment or removal.

(Ord. of 6-27-1977, § 1; Ord. of 5-19-1986, Doc. #20284)

Sec. 16.21. - Interment Permit.

The City is not liable for the interment permit, nor for the identity of the remains brought for interment, nor for the embalming of the body.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 11; Ord. of 5-10-1999, § 11, Doc. #32067)

Sec. 16.22. - Funeral Processions.

Funeral processions entering the cemetery shall be under the control of the Cemetery Supervisor, provided that Funeral Directors shall be present to conduct services.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 12)

Sec. 16.23. - Disinterments.

Caskets containing remains, once interred, will not be opened or removed without the written consent of the legally designated representative of the deceased (personal representative as designated by will, estate executor, spouse, etc.) and/or an order from a court of competent jurisdiction. Care shall be exercised in making a removal. The City shall not be liable for any damages which may result from a removal.

(Ord. of 6-27-1977, § 1; Ord. of 5-19-1986, Doc. #20284)

ARTICLE V. - CEMETERY CARE

Sec. 16.24. - Grave Decorations; Plantings.

Grave decorations of all kinds shall be removed when in the judgment of the Supervisor, they do not conform to the decorum of the cemetery or if the decorations are potentially hazardous to plant or animal life. Holiday decorations shall be permitted but must be removed within thirty (30) days after the holiday. Decorations not removed by the owner(s) within the specified time shall be removed by the cemetery Supervisor or authorized personnel. The cemetery shall not be responsible for the loss of any plantings or decorations by any cause whatsoever. No person shall plant or place any shrubbery, plants, flowers or grass without the approval of the Supervisor. The planting of trees, arborvitae or large shrubs is prohibited, except in the case of donated trees when the location and placement has been approved by the Supervisor.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 13; Ord. of 5-10-1999, § 12, Doc. #32067)

Sec. 16.25. - Care of Grounds; Changes; Tapping of Water Lines.

All care, improvements, alteration work and watering of the grounds of the cemetery shall be performed by the City. The City shall have the right to make any changes to the cemetery deemed necessary by the City as to such things as grading, roads and utility lines without notice or approval of space owners. It shall be unlawful for any person to tap into any water line at the cemetery without specific authorization from the supervisor.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 14; Ord. of 5-19-1986, Doc. #20284)

Sec. 16.26. - Markers.

One marker shall be permitted for each space at the head of the grave, except in the case of a government or flat marker which may be placed at the foot of the grave, if a family or companion monument is at the head of the grave or in the case of a matching footstone if a family monument is at the head of the grave. No marker shall be placed in the cemetery unless approved by the Sexton. All markers shall be of such size and constructed of such materials as shall be prescribed from time to time by City Council.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 15; Ord. of 5-10-1999, § 13, Doc. #32067; Ord. No. 2014-52, § 1, 10-19-2015, Doc. #1510191202)

ARTICLE VI. - CONDUCT WITHIN CEMETERY

Sec. 16.27. - Driving Vehicle in Cemetery.

No person shall drive any vehicle within the cemetery, except upon the driveways prepared and designated for that purpose.

(Ord. of 6-27-1977, § 1; Ord. of 3-30-1981, § 16; Ord. of 5-19-1986, Doc. #20284)

Sec. 16.28. - Desecration or Injury to Cemetery, etc.

It shall be unlawful for any person to desecrate or injure the cemetery, or any lot, grave, tomb, gravestone, monument, fence, tree or shrubbery therein, or to break, cut, injure, or disturb any fish or wildlife within the cemetery.

(Ord. of 6-27-1977, § 1)

Sec. 16.29. - Children; Pets.

No child under fifteen (15) years of age shall be permitted in the cemetery unless accompanied by an adult. Pets shall be prohibited in the cemetery.

(Ord. of 6-27-1977, § 1; Ord. of 9-21-1987, Doc. #21520; Ord. of 5-10-1999, § 14, Doc. #32067)

Sec. 16.30. - Commercial Uses; Photographs; Signs.

No commercial use on or about cemetery property shall be permitted unless authorized by the Orlando City Council. No signs shall be permitted except those authorized by the superintendent. Taking of photographs or movies of the cemetery or any part thereof shall be prohibited except for photographs or movies taken by a space owner or his or her family of such owner's space or marker or with authorization by the City Clerk.

(Ord. of 6-27-1977, § 1; Ord. of 10-19-1998, Doc. #31612; Ord. of 5-10-1999, § 15, Doc. #32067)

Sec. 16.31. - Interference with Funerals, etc.

It shall be unlawful for any person to interfere, without legal cause, with the proper conduct of a funeral or with the burying or exhuming of a body in Greenwood Cemetery.

(Ord. of 6-27-1977, § 1; Ord. of 5-10-1999, § 17, Doc. #32067)

Editor's note— Section 16 of an ordinance adopted May 10, 1999, Doc. #32067, repealed the former § 16.31 which pertained to plantings and derived from § 1 of an ordinance adopted June 27, 1977 and § 17 of an ordinance adopted March 30, 1981. Sections 17—22 of that same ordinance renumbered the former §§ 16.32—16.37 as §§ 16.31—16.36, as set out herein.

ARTICLE VII. - TEMPORARY MODIFICATION OF PROVISIONS: PENALTY

Sec. 16.32. - Temporary Modification of Provisions.

The City Council hereby recognizes that cases may arise in which the strict enforcement of the provisions hereof may impose unnecessary hardship. The City Clerk shall have the authority to make exceptions to provisions hereof by resolution upon a finding by her that such is necessary to prevent hardship.

(Ord. of 6-27-1977, § 1; Ord. of 5-10-1999, § 18, Doc. #32067)

Sec. 16.33. - Penalty.

Any person who shall violate any provision of this Chapter shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 6-27-1977, § 1; Ord. of 5-10-1999, § 19, Doc. #32067)

ARTICLE VIII. - DOUBLE INTERMENTS—BLOCKS 11 AND 12

Sec. 16.34. - Double Vault to be Purchased and Installed Prior to Interment.

Each space in Block 12 shall require purchase and installation of a double vault, said installation to be performed by the City. Costs for the purchase and installation shall be the responsibility of the owner of the space or, if the owner is deceased, by the owner's heir. The price of all spaces sold in block 12 shall include the charge for a pre-installed double vault. No interment shall be permitted in a space in Block 12 unless such double vault has been purchased and installed and full payment thereof rendered to the City.

(Ord. of 12-11-1978, § 2; Ord. of 12-12-1983, Doc. #18228; Ord. of 5-19-1986, Doc. #20284; Ord. of 5-10-1999, § 20, Doc. #32067; Ord. No. 2014-52, § 1, 10-19-2015, Doc. #1510191202)

Sec. 16.35. - Double Interment Permitted.

Notwithstanding the provisions of Section 16.17 hereof, no more than the remains of two (2) bodies shall be interred in any one space in Block 12 of Greenwood Cemetery, provided that a mother and a stillborn child shall be considered one body. All interments in Block 12 shall be in a vault installed by the City of Orlando.

(Ord. of 12-11-1978, § 2; Ord. of 5-10-1999, § 21, Doc. #32067; Ord. No. 2014-52, § 1, 10-19-2015, Doc. #1510191202)

Sec. 16.36. - Markers; Plantings.

All markers in Blocks 11 and 12 shall be a maximum of two (2) feet 6 inches by 13 inches by four (4) inches in size and be made of marble, granite or bronze; or in the case of a government marker such marker shall be two (2) feet by one (1) foot by four (4) inches and be made of marble, granite or bronze. There shall only be one marker per space, and it shall be located at the head of the grave. All markers shall be installed by the City and shall be flush with the ground. No corner markers or plantings will be permitted.

(Ord. of 12-11-1978, § 2; Ord. of 5-19-1986, Doc. #20284; Ord. of 5-10-1999, § 22, Doc. #32067)

Sec. 15.16 - Power to suspend. Chapter 18 - CIRCUSES AND ASSEMBLIES IN TEMPORARY STRUCTURES